Sri Swapan Kumar Mahanty, President.
This is an application u/s.12 of the C.P. Act, 1986.
Briefly put the facts of the case of that the complainant, Institute of Social & Cultural Studies, a premier institute entrusted with promoting research and academic activities on various social and cultural issues including organize conference, workshops, seminars etc. The complainant including other four organizations organized two days’ international conference at IGNCA Auditorium, New Delhi on 23rd and 24th January, 2018. For the aforesaid purpose, a team of 14 eminent delegates of Bangladesh were travelling from Dhaka to New Delhi on 22-01-2017 to participate in the said conference. The complainant through their travel agent Dream O Travel Z Pvt. Ltd. purchased 13 air tickets in Jet Airways [herein after referred to as “Jet Airways (India) Ltd] from Dhaka to Kolkata. The subject flight i.e. Flight No.9W-273 was schedule to depart at 5.20 p.m. and reach Kolkata at 5.50 p.m. on 22-01-2017 complainant booked 13 tickets connecting Air India Flight (Flight No.AI 023) from Kolkata to Delhi Schedule to depart Kolkata at 8.15 p.m. and reach Delhi at 10.40 p.m. on the same day.
It is pleaded that on 22-01-2017 at 1-30 p.m. the travel agent of the complainant received an SMS from Jet Mobile that “Flight No.9W-273 on 22-01-2017 is expected to leave DAC at 18.45 hours and reach CCU at 19.06 hours. To know your flight status Tweet at the rate ofJet Airways/Jet Instant”. Immediately Dream O Travel Z Pvt. Ltd. communicated the same to the complainant. It was subsequently discovered from the internet that the flight was actually delayed by 02 hours 09 minutes. Mr. Arindam Mukherjee, Secretary of the complainant immediately met with the Deputy Manager of OP at NSCB International Air Port, Kolkata who verbally assured that they had booked 13 air tickets in their next flight but they failed to keep their promise. The delayed Jet Airways flight reached Kolkata at 7.59 p.m. instead of its original arrival time of 5.50 p.m. As a result, the Bangladeshi delegation team missed the connecting Air India Flight No.A1-023 as the said flight timely departure at 18.15 p.m. The Air India refused to refund Rs1,20,243/- towards the price of those 13 tickets. Getting no help from the OP the delegates of Bangladesh were compelled to stay different hotels near Air Port Gate for that night and also incurred Rs.41,440/- towards taxi fare and lodging of the team.
It is further averred that the complainant was able to purchase new tickets on Indigo Flight being No.6B-854 and left to Delhi on 23-01-2017. Complainant incurred Rs.1,93,700/- for purchasing new air ticket and the delegates arrived at Delhi on 12.45 p.m. The delegates could not reach the venue in due time and missed several important sessions. The accommodation of the delegates was arranged at Hotel, The Royal Plaza, New Delhi from 22-01-2017 to 25-01-2017. The delegate team arrived Hotel at 23-01-2017 instead of 22-01-2017 but the Hotel did not waive one day’s charge of Rs.88,723/-. On account of delay of the Jet Airways Flight the complainant incurred additional amount of Rs.4,44,106/-. There is deficiency in service on the part of the OP Air Airways and hence, the complainant approached this Forum seeking directions to Jet Airways to pay Rs.1,26,743/- for air ticket; Rs.41,000/- towards hotel and other expenses, Rs.1,93,700/- for purchasing fresh air ticket on Indigo, Rs.1,20,243/- on account of non-refund of Air India Tickets, Rs.88,723/- towards loss on account of cancellation of Hotel Booking at Delhi, Rs.5,00,000/- towards compensation and Rs.50,000/- towards litigation cost along with interest and other reliefs.
Jet Airways (India) Ltd. resisted the complaint denying all the allegations made in the complaint but admitting the issuance of the tickets through independent third party travel agent Dream O Travel Z Pvt. Ltd. As such, the complainant is not a consumer of the OP. The specific case of the OP is that one of the flights of the OP met with an accident at Dhaka Airport due to bump landing and the necessary equipment required for repairing of the said aircraft was supposed to arrive from Delhi. Thus, the flight in present complaint (Flight No.9W-273) used by the OP to carry necessary equipments from Delhi to Dhaka for repair of aircraft. The said flight got delayed in arriving at Dhaka. As such, the departure of flight No.9W-273 was consequently delayed, the delay was highly unexpected and not within the control of the OP. As per Clause 1.4 of the Civil Aviation Requirements (CAR) dated 06-08-2010 the operating Airline would not have the obligation to pay compensation in cases where the cancellations and delays have been caused by an event of force measure i.e. extra-ordinary circumstances beyond the control of the airline. Flight No.9W-273 got delayed due to unavoidable circumstances and delay in scheduled departure was duly communicated the travel agent of the complainant. The relief claimed by the complainant is not tenable according to law. Hence, it is pleaded that there is no deficiency of service on their behalf. Thus, the OP has prayed for dismissal of the complaint.
In the light of above pleadings the following points necessarily came up for determination:-
- Is the OP deficient in rendering service to the complainant?
- Is the complainant entitled to get relief as prayed for?
Decision with Reasons
Points No.1 & 2 :
Both the points are taken up together for the sake of convenience and brevity in discussion.
Both parties have tendered evidence through affidavit. They have also given reply against the questionnaire set forth by their adversaries. Both parties also filed Brief Notes of Arguments.
There is no dispute that the complainant purchased 13 air tickets in Jet Airways through their travel agent Dream O Travel Z Pvt. Ltd. from Dhaka to Kolkata. The subject flight being No.9W-273 was scheduled to depart at 5.20 p.m. and reach Kolkata at 5.50 p.m but reached Kolkata at 7.59 P.M. As such, the Bangladeshi Delegates missed the connecting Air India Flight No.AI-023 as the said flight timely departure at 18.15 p.m. Getting no help from the OP the Delegates of Bangladesh were compelled to stay different hotels near Air Port gate on 22-01-2017 and on the following day left Delhi by purchasing new tickets on Indigo Flight being No.6B-854. Complainant incurred huge amount for such purpose. The OP is relying on Clause 1.4 of the Civil Aviation Requirements (CAR) dated 06-08-2010 which pertains to pay compensation in cases where the cancellations and delays have been caused by an event(s) of force mejure i.e. extra ordinary circumstances beyond the control of the airline.
We have perused clause 1.4 of the Civil Aviation Requirements dated 06-08-2010 issued by the Govt. of India through Ministry of Civil Aviation. Clause 1.4 of the Civil Aviation Requirements dated 06-08-2010 read as follows :
“The operating Airline would not have the obligation to pay compensation in cases where the cancellations and delays have been caused by an event of force mejure i.e. extraordinary circumstance(s) beyond the control of the airline the impact of which lead to the cancellation/delay of flight(s), and which could not have been avoided even if all reasonable measures had been taken by the airline. Such extraordinary circumstances may in particular, occur due to political instability, natural disaster, civil war, insurance or riot, flood, explosion, Government regulation or order affecting the aircraft, strikes or interruption of work or any other factors that are beyond the control of Airline”.
According to the OP, the flight had to carry necessary equipments from Delhi as another aircraft of OP was lying in damaged condition at Dhaka Airport. The matter of delay was communicated to the travel agent of the complainant. Thus, the above facts make it crystal clear that as per CAR regulation, the OP is not at all liable to compensate the complainant and all possible assistance was given to the delegates. Air tickets were booked on two different PNR and different airlines. According to the OP, they tried their level best to convince Air India but Air India denied any assistance.
It is not in dispute that due to late arrival of Flight No.9W-273 the Delegates of Bangladesh missed the connecting Air India Flight No.AI – 023 and Air India refused to refund Rs.1,20,243/- towards the price of 13 air tickets. The delegates of Bangladesh and the complainant were put to lot of mental agony and inconvenience as they had to stay at different hotels near Air Port Gate for one day and once again travelled by Indigo Airlines on 23-01-2017 after having had to purchase fresh tickets by spending an amount of Rs.1,93,700/- (Annexure – F series of the consumer complaint). The OP Airlines did not book 13 Air tickets in their next flight by way of compensating for the inconvenience caused to the delegates. The OP was complete silent regarding the request of the Secretary of the complainant. The complainant was in a hopeless condition stranded at Kolkata Airport where he arrange to stay the delegates in different hotels near Airport Gate and incurred Rs.41,440/- towards taxi fare and lodging of the delegates (Annexure – E Series of the Consumer Complaint). In our opinion, the delay of arrival of flight No.9W-273 is not cover within Clause 1.4 of the Civil Aviation Requirements dated 06-08-2010 issued by the Government of India, Ministry of Civil Aviation.
The basic duty of care for a passenger the operating carrier should also pay particular attention to the needs of the accompanying delegates. In the case of Denise McDonagh – vs – Ryanair Ltd. C 12/11 European Case Law if an Airline fails to provide care and assistance a passenger can claim refund of the expenses incurred in purchasing their own meals, hotel accommodation etc. In the European Commission Interpretative Guidelines regarding “Concept of Right to Care” it has been clearly stated that the extent of adequate care will have to be assessed on a case to case basis having due regard to the needs of the passengers in the relevant circumstances and the principle of proportionality. The price paid for the ticket or temporality of the inconvenience suffered should not interfere with the right to care.
OP/Jet Airways (India) Ltd. ought to have provided appropriate care in order to reduce the inconvenience suffered by the Delegates of Bangladesh as much as possible, while determining the principle of proportionality. Particular attention ought to have been given to the delegates of foreign country. The complainant and four other organizations organized two days international conference titled International Conference on Indo-Bangladesh Multi Sectoral Co-Operation at IGNCA Auditorium, New Delhi on 23rd & 24th January, 2017. Due to late arrival of Flight No.9W-273 the delegates missed the connecting Air India Flight No.AI-023. The OP Airline is not even accommodating the delegates in their next flight. Since, the duty of care is not taken by the OP/Airline even though it should have been and the complainant being one of the organizers of the conference had to pay the cost of meals, refreshments, hotel stay, transport etc. and also pay for tickets on the next date flight of the delegates. Therefore, there is deficiency of service on the part of the OP. In view of the above discussion we are of the considered view that the complainant is entitled to reimbursement of the expenses incurred for purchasing Air-Ticket on Indigo Airlines including hotel fare for the delegates of Bangladesh. Complainant is not entitled to get Rs.1,20,243/- due to non-refund of Air India Tickets dated 22-01-2017 as tickets were booked on two different PNR and different airlines. Complainant is not also entitled to get Rs.88,723/- towards loss suffered due to cancellation of hotel at Delhi as except 22-01-2017 the delegates remained in the said hotel. Thus, both the points under determination answered in the affirmative.
In the result, the case succeeds in part.
Hence,
Ordered
That the Consumer Case be and the same is allowed on contest against the OP in part with litigation cost of Rs.5,000/- (Rupees Five thousand) only.
OP is directed to reimburse of Rs.2,35,140/- (Rupees Two lacs thirty five thousand one hundred forty) only to the complainant being the organizer of the conference as flight fare and hotel cost at Kolkata within 30 (thirty) days of the date of this order along with litigation cost.
OP is also directed to pay Rs.20,000/- (Rupees Twenty thousand only) as compensation to the complainant for causing harassment and mental agony within the stipulated period.
Liberty be given to the complainant to put the order in execution, if the OP transgresses to comply the order.
