Chandigarh

DF-II

CC/173/2018

Shalini Bhatia - Complainant(s)

Versus

M/s Air India - Opp.Party(s)

P.M. Anand Adv.

28 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	173 of 2018
Date  of  Institution	:	20.03.2018
Date   of   Decision	:	28.08.2018

 

 

 

 

Shalini Bhatia D/O Sh.Daljit Kumar Mehta, R/o 3724/22-D, Chandigarh.   

 

             ……..Complainant

Versus

 

M/s Air India, SCO 162-164, Sector 34-A, Chandigarh through its Commercial Manager.

 

………. Opposite Party

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued By: Sh.P.M.Anand, Adv. for the complainant.

Sh.S.R.Chaudhary, Adv. for the Opposite Party

 

 

PER RAVINDER SINGH, MEMBER

 

         The case of the complainant, in brief is that, she along with six other persons, booked air journey with OP Airlines for route Chandigarh-Mumbai-Goa on 13.10.2017 and return journey for route Goa-Mumbai-Chandigarh on 18.10.2017. It is averred that the onward journey was ok, but on the return journey on 18.10.2017, the complainant and those accompanying with her suffered harassment. 

         It is stated that on 18.10.2017, complainant boarded Flight No.AI-034 from Goa to Mumbai, but on reaching Mumbai, the Opposite Party forget to transfer the luggage of the complainant from Flight No.AI-034 to Flight No.AI-641, due to which the complainant and other persons, were not allowed to board the latter flight from Mumbai to Chandigarh.  It is also stated that the complainant was put on another flight to Delhi and from Delhi to Chandigarh through Flight No.AI-463 and in that process, the complainant reached late at Chandigarh against the scheduled time.  It is submitted that due to the said deficient act of the Opposite Party, the complainant has to suffer lot of harassment.  Hence, this complaint has been filed. 

 

2]       The Opposite Party has filed reply and while admitting the factual matrix of the case, stated that on the return journey of complainant, the baggage was checked-in at Ex-Goa Airport on AI-034/AI 641 on 18.10.2017 – Goa-Bombay-Chandigarh. It is stated that the tagged bags were brought to Baggage Management Area, sorted out and forwarded to the designated aircraft.  It is stated that since AI-034 is an International Flight, the procedure for International to Domestic baggage transfer was followed.  It is also stated that around 05:50 hrs the connecting baggage was on way to aircraft, the flight had been preponed to 05:50 hrs and subsequently rescheduled to 06:10 hrs and passengers were advised about the scheduled change.  It is submitted that as per record, the passengers had not reached the boarding gate of AI-641 till 05:50 hrs.  It is submitted that the complainant was not found at gate at 05:50 hrs. despite fault/lapse on the part of complainant and her co-passengers. They were provided an alternative flight, AI 806 for New Delhi and then to Chandigarh on flight AI-863. Pleading no deficiency in service and denying other allegation of the complainant, the Opposite Party has prayed for dismissal of the complaint.

 

3]      Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have also perused the record.

 

5]       The complainant booked airline tickets with Air India for 13.10.2017 from Chandigarh to Goa via Mumbai, which admittedly gone well as per message dated 26.10.2017 (Ann.C-1), from Shalini Bhatia. 

 

6]      The complainant is aggrieved on her return journey on 18.10.2017 from Goa to Chandigarh where allegedly she was not allowed to board Flight No.AI-641 from Mumbai to Chandigarh and she was arranged in an alternative flight Mumbai to Delhi and further Delhi to Chandigarh, which resulted her inconvenience and late arrival at Chandigarh.

 

7]       The contentions as couched seem to be motivated and concocted one.  The OP in its written statement has stated that Flight No.AI-034 from Ex-Goa to Mumbai on 18.10.2017 was an International Flight and as such on reaching its destination at Mumbai Airport, the luggage which was destined for Domestic Aircraft, was shifted to Baggage Management Area in consonance with their operating procedure and from there taken to the concerned Aircraft for further travel to the destination of the passenger. 

 

        It has been stated that Flight No.AI-641 on 18.10.2017 was scheduled to depart at 05:50 hours and rescheduled to 06:10 hours but the complainant did not reach the Boarding Gate of AI-641 till 05:50 hours and as such missed that flight.  The luggage of the complainant, as such, was not allowed on Flight No.AI-641.  The complainant herself has been stated to be at fault which has led her to miss the flight.  It has been stated by OP that keeping in view the prestige of the Airline and its responsibility towards the passengers, the complainant despite her own fault in non-reporting in time at Boarding Gate, was arranged in an alternative flight No.AI-806 from Mumbai to New Delhi and Flight No.AI-463 from Delhi to Chandigarh without any extra cost. 

 

8]       The Opposite Party on the face of record has performed its part of duty for arrangement of travelling of the complainant till her destination at Chandigarh by arranging her seat in an alternative available flight without any extra cost and expenses. The complainant herself has not adhered to the standing instructions of the Airlines to reach Boarding Gate well in time.  The Airline cannot afford to delay its flight for an indefinite period just waiting for one passenger, putting all the other passengers on board at great inconvenience. 

 

9]       Keeping into consideration the totality of facts & circumstances of the case, we are of the view that no case of any deficiency in service is made out against the Opposite Party.  Therefore, the complaint being without merit is dismissed.   No order as to costs.

         Certified copy of this order be sent to the parties, free of cost. File be consigned to record room.

Announced

28^th August, 2018                                                                   Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

                                                            Sd/-

(RAVINDER SINGH)

MEMBER