By Miss. R. K. Madanavally, Member(In-charge of President
1. The complainant was working at Makkah as a house driver. On 21-02-2013 he was reached Calicut Airport after completing his leave in Kerala. He had taken ticket in A.I.963 Air Indian Flight. Though he was waited upto 10 PM on 21-02-2013 the above said flight was neither reached there nor given an intimation to the passengers. The complainant approached the Air Indian Staff and informed them that his Visa was going to be expired. In the ticket they sealed that the expiry of his Visa was extended upto 23-02-2013.
2. Thereafter the opposite party informed that the above said flight will be started at 2 PM on 22-02-2013. Though he was waited there at 10 PM the flight did not started. Thereafter he returned to his home. On 23-02-2013, he again reached the Airport and told the opposite party that his Visa will be expired. They told him that they will arrange ticket in Saudi Airlines which will be started at 1PM. As his Visa was expired on that date, he could not travel to Makkah and thereby he lost his job and hence this complaint.
3. The major averments pleaded by the complainant was denied by the opposite party. It was submitted that the flight was cancelled due to engineering reasons. All passengers who were checked in for this flight were provided hotel – accommodation, refund of taxi charge etc. According to opposite party, the ticket belongs to the complainant was reissued with another ticket without collecting any additional charge and the complainant had travelled on 13-03-2013 to Jeddah. So the huge loss sustained by the complainant is false and baseless. No deficiency is committed by the opposite party and so the complaint has to be dismissed with cost.
4. Now the points arises for our consideration herein are:-
(i) Whether the opposite party is deficient in service?
(ii) If so relief and cost.
5. Point No.(i) & (ii):-
The complainant had adduced both oral as well as documentary evidences. The documents were marked as Ext.A1 to A8. So also opposite party's document was marked as Ext.B1. The Power of Attorney of the complainant was examined as PW1. The above person was examined twice. In the former examination, he deposed that complainant had left India on 25-03-2013. The opposite party's specific case is that the complainant had travelled on 13-03-2013 to Makkah by reissuing the ticket at opposite party's own expense. For the purpose of proving the same opposite party had produced Ext.B1 and the PW1 was recalled.
6. At the time of cross examination of the 2nd time he deposed that, 21-02-2013-ല് flight റദ്ദാക്കിയതിനു ശേഷം എന്റെ സഹോദരന് തിരിച്ചു പോയത് 13-03-2013-ലാണ്. Air India free cost-ല് issue ചെയ്ത ticket-ല് തന്നെയാണ് യാത്ര ചെയ്തത്. ആദ്യ വിസ്താരത്തില് 13-03-2013-ല് പോയ കാര്യം ഞാന് പറഞ്ഞിട്ടില്ല. He was not aware of the fact that whether the complainant had gone after getting new Visa or not.
7. The complainant's case is that due to the cancellation of the flight, his Visa had expired and further he lost his job. There is no proof before us to prove the expiry of his Visa. There is no proof for the loss of job also. But one thing was categorically deposed by the complainant (Power of Attorney) at the time of his examination ie., 21-02-2013-ന് engine തകരാറ് കൊണ്ടാണ് വിമാനം പോകാത്തത് എന്ന വിവരം എതൃകക്ഷി സഹോദരനെ അറിയിച്ചിട്ടില്ല. Air India ആവശ്യപ്പെട്ട ദിവസങ്ങളിലെല്ലാം എന്റെ സഹോദരന് Airport-ല് പോയിട്ടുണ്ട്. By not giving proper information to the passengers, opposite party had committed deficiency in service. It is admittedly true that opposite party had re-issued the ticket without any charge. But the re-issuance of the ticket was on 13-03-2013 ie., almost after 3 weeks..
8. During these period ie., the period in between 21-02-2013 and 13-03-2013 the complainant might had suffered much mental agony and pain with regard to his job and travel. Hence the opposite party is bound to compensate for he same. Opposite party had not adduced any evidence to show the mechanical defect of the engine of the flight. Hence the complainant is entitled for a reasonable compensation.
9. When the PW1 was examined he had deposed that he complainant is now working in Gulf Country. So we are discarding the prayer for compensation for loss of job.
10. Hence in the interest of justice, we order that, opposite party shall pay an amount of Rs.1,00,000/-(Rupees One Lakh only) to the complainant for the compensation for mental agony and financial loss along with a cost of Rs.5,000/-(Rupees Five thousand only) failing which opposite party shall further pay 6% interest upon the above amount from the date of pronouncement of this order.
11. This order shall be complied within one month from the date of receipt of the copy of this order.
Dated this 12th day of August, 2015.
R. K. MADANAVALLY, MEMBER(in-charge of President)
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : PW1
PW1 : Moideenkutty, complainant.
Documents marked on the side of the complainant : Ext.A1 to A8
Ext.A1 : Photo copy of the Boarding pass issued by opposite party to complainant.
Ext.A2 : Photo copy of the letter regarding the validity of visa.
Ext.A3 : Photo copy of the air ticket of complainant.
Ext.A4 : Photo copy of the re-issued ticket chart.
Ext.A5 : Photo copy of the Passport No.G2365112
Ext.A6 : Photo copy of the letter issued by opposite party showing the expiry of the Visa.
Ext.A7 : Newspaper cutting in Madhyamam daily dated, 26-02-2013.
Ext.A8 : Special Power of Attorney
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Ext.B1
Ext.B1 : Re-issued ticket chart.
R. K. MADANAVALLY, MEMBER(in-charge of President)
MINI MATHEW, MEMBER
