BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 25.03.2015
Date of Order : 22/12/2015
Present :-
Shri. Cherian. K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 213/2015
Between
Sibi Simon :: Complainant
Aged 35 years, s/o Simon,
Eenthumkattil House,
Piravom P.O., Pin -686 664.
(By Adv. Tom Joseph,
Court Road, Muvattupuzha)
And
M/s Air India :: Opposite Party
Collis Estate, M.G. Road,
Ernakulam, Kochi – 16, represented
by its Managing Director
( By Adv. Dominic Antony, M/s. Menon &Pai, I.S. Press Road, Ernakulam, Kochi - 18)
O R D E R
V,K. Beena Kumari, Member
A brief statements of facts of this complaint is as follows :
This consumer complaint is filed by Shri Sibi Simon, aged 35 years who is working at Lincoln, England. He came to India along with his wife and two children. The complainant had purchased tickets from the opposite party M/s. Air India for their return trip from Kochi to Delhi and for their connection flight by Swiss Air flight from Delhi to Manchester on 24th April, 2014. The flight from Delhi to Manchester was scheduled to depart at 01.15 am on 24th April, 2014. But the incoming Air India flight was delayed by 90 minutes to reach Kochi Airport as against the scheduled time and the Air India flight was taken off from Kochi after two hours. In the meantime two flights to Delhi left Kochi Airport. A delay of around four hours occurred for the departure of the Air India flight from Kochi Airport and the said flight reached Delhi at 12.20 by the time the Swiss air counter was closed. The complainant therefore contacted the Air India Authorities at Delhi for assistance but they refused to entertain the complainant and the complainant, his pregnant wife and kids were stranded in the airport for the whole night without any facility to take rest. In the absence of any help from the opposite party Air India, the complainant was compelled to take fresh tickets of British Airways by paying Rs. 2,54,870/-. The inordinate delayed operation of the flight of Air India on 23.04.2014 without any valid reason like technical snag, bad whether condition etc. had caused untold miseries and hardships to the complainant and to his family. The complainant alleged that the delayed operation of the Air India flight was only to help some private airlines and that the delayed operation of the Air India flight without any valid reason amounted to deficiency in service on the part of the opposite party Air India. It is further submitted that the complainant could get or purchase fresh tickets to travel to London only, instead of Manchester. Therefore he had to spend Rs. 20,000/- (150 pounds) towards taxi fare to reach Manchester from London in addition to ticket fare of Rs. 2,54,870/- to London. The complainant sought for directions from this Forum to the opposite party to pay Rs. 2,74,870/- which he paid towards air ticket fare and towards taxi fare along with compensation of Rs. 5,00,000/- for the mental agony, hardships suffered by him due to the in ordinate delay of the flight and costs of proceedings.
2. Notice was issued to the opposite party and it was served on the opposite party on 09.04.2015 and the opposite party filed their version on 06.07.2015. The opposite party resisted the complaint filed by the complainant by contending that the complaint is filed only with an intention to harass the opposite party and hence it is liable to be dismissed. It is submitted that the complainant had booked ticket to travel in the flight AI 478 of the opposite party on23.04.2014 and the opposite party was not aware of the connection flight that the complainant allegedly had to travel. It is submitted that due to operational reasons the incoming flight from Delhi AI 477 was delayed. The outgoing flight AI 478 was to depart from Cochin International Airport Limited (CIAL) on the scheduled time. The delayed departure of the flight was informed to the complainant and the complainant and his family were provided with refreshments by the opposite party. The averment that while there was delay for the flight AI 478 to depart, two other flights left from Cochin International Airport to Delhi is incorrect, that the delay occurred due to reasons beyond the control of the opposite party, that the averment that the complainant contacted the Air India office in Delhi Airport is not correct and the further averment that the complainant was compelled to take fresh tickets of British Airways is not within the knowledge of the opposite party. It is further submitted that the incoming flight from Delhi got delayed due to operational reasons and the flight AI 478 that was to depart from Cochin got delayed due to engineering reasons. The allegation that the delay occurred was purposeful so as to help some private airline is without any basis. As per the DGCA Regulations the opposite party are only liable to provide refreshments to the complainant and to his family and to ensure that the complainant reaches his destination i.e. Delhi in this case and the reliefs claimed by the complainant is absolutely without any cause of action and the averments are without any basis and are therefore liable to be dismissed with costs of the opposite party.
3. From the above pleadings the following issues emanated for the consideration of this Forum :
Whether the complainant has proved deficiency
in service on the part of the Opposite party
Air India ?
If so whether the opposite party is liable to pay the
ticket fare of Rs.2,54,870/-spent by the complainant
for travelling from Delhi to London in British Airways ?
Whether the opposite party is liable to pay
the taxi fare of Rs.20,000/-spent by the complainant
for travelling from London to Manchester in taxi ?
iv. Whether the complainant is entitled to get
Rs. 5,00,000/- as compensation for the alleged
mental agony and hardships suffered by the
complainant and his family along with costs ?
4. No oral evidence adduced either by the complainant or by the opposite party and the documentary evidence furnished by the complainant were marked as Exts. A1 to A4 and that furnished by the opposite party were marked as Exts. B1 and B2. Heard the Counsel for both sides.
5. Issue No . (i) :
The complainant who is working at Lincoln in England came to India i.e. to Kochi with his wife and two children and he purchased their return tickets from the opposite party Air India for travel from Kochi to Delhi and the Air India flight was scheduled to depart from Kochi at 17.45 hours on 23.04.2014. The complainant, his wife and his two children received four boarding passes to travel in flight AI 478 on 23rd April, 2014 as evidenced by Ext. A1 (series 04 numbers) at 19.00 hours. Subsequently the complainant received a Delay Cancellation Certificate intimating him that flight AI 478 got delayed by 3 hours 36 minutes from the duty manager at Delhi as evidenced by Ext. A2. The main contention of the complainant is that the inordinate delay caused without any valid reason. The opposite party, on the other hand, contended that the incoming flight AI 477 from Delhi got delayed due to operational reasons and the flight AI 478 that was to depart from Kochi got delayed due to engineering reasons. In support of the above contention the opposite party produced Ext. B1 Pilot's Defect Report wherein it is stated under the column rectification that “ FADEC Attornator plugs removed, cleared and refitted. EEC J2 & J8 plugs removed, cleared and refitted. FADEC 1491B Test c/o found O.K ”. The above report is with regard to the curing of the defect in the incoming flight AI 477 and the above report does not reveal any serious defect to justify the delay 90 minutes for the incoming flight AI 477 to arrive at Cochin. It is also seen that the time of arrival is seen corrected in the Ext. B1 submitted before this Forum. In the very same report in Ext. B1 it is clearly stated that in respect of flight AI 478 “ sector snag noted nil “. Thus the contention of the opposite party that the delay in the incoming flight AI 477 and the delay occurred to depart from Cochin in respect of flight AI 478 are due to operational or engineering reasons remained not proved with reliable evidences. Thus we find that the opposite party has not proved or sufficiently explained the inordinate delay of 3½ hours occurred in respect of flight AI 478 to depart from Cochin Airport, which caused undue hardship and financial loss to the complainant. Further the opposite party in its version stated that in like cases they are bound to give refreshments to their customers as per DGCA Regulations. On account of the unexplained and inordinate delay of AI 478 the complainant and his family reached Delhi from Cochin to Delhi at odd hours and were stranded there without any assistance from the opposite party. The unexplained inordinate delay occurred in departing flight AI 478 from Cochin without valid reason amounted to deficiency in service on the part of the opposite party. In this case the opposite party failed to produce sufficient evidence to justify the inordinate delay in 3 hours 36 minutes and the opposite party also failed to provide any refreshment facility to the complainant and his family as per the DGCA Regultions. Both the above incidents amounted to deficiency in service on the part of the opposite party. Thus we find that the complainant has proved deficiency in service on the part of the opposite party. Thus the 1st issue is found in favour of the complainant.
6. Issue Nos. (ii), (iii) and (iv) :
It is contended by the complainant that due to the inordinate delay of flight AI 478 in departing from Cochin Airport, the complainant and his family could reach the Delhi Airport from Kochi only by 00.20 hours on 24.04.2014. By the time the Swiss Air counter was closed and the complainant and his family missed the connecting Swiss flight which was scheduled to depart from Delhi to Manchester on 24.04.2014 at 01.15 hours even though the complainant was holding four confirmed air tickets as evidenced and marked as Ext. A4 series ( 4 numbers) of Swiss Airline. The complainant managed to procure fresh tickets to London instead of Manchester after paying the ticket fare of Rs. 2,54,870/- as evidenced by Ext. A3 invoice dated 24.04.2014. But the complainant did not produce the boarding pass to prove his travel as alleged. The above amount plus the taxi fare of Rs. 20,000/- spent for the travel from London to Manchester is claimed by the complainant. On an appreciation of evidences on record we find that the complainant is entitled to compensation on account of the inordinate delay flight A1 478 of 3 hours 36 minutes in departing from Cochin Airport to Delhi and for not providing assistance to the complainant on delayed arrival at Delhi. The expenses incurred towards ticket fare from Delhi to London and the taxi fare from London to Manchester are found not allowable since it is too remote and the relevant tickets were used by the complainant for the said journeys. The complainant is entitled to get a compensation only for the unexplained inordinate delay of flight AI 478 from Cochin to Delhi and for other service deficiency explained above. We fix the compensation amount at Rs. 50,000/- which is inclusive of costs of proceedings.
In the result, the complaint is partly allowed directing the opposite party to pay Rs. 50,000/- (Rs. Fifty thousand only) towards compensation and costs with interest at the rate of 12% per annum from the date of filing this complaint I.e. from 25.03.2015 till realization. The above order shall be complied within one month from the date of receipt of a copy of this Order.
Pronounced in the open Forum on this the 22nd day of December, 2015.
Sd/- V.K. Beena Kumari, Member.
Sd/- Cherian. K. Kuriakose, President
Sd/- Sheen Jose, Member.
Forwarded/By Order
Senior Superintendent
Date of despatch of the order :
By Post :
By Hand :
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1
Exhibit A2
Exhibit A3
Exhibit A4 ::
::
::
:: Flight tickets (4 numbers)
Delay cancellation certificate
Invoice
Tickets ( 4 numbers)
Opposite party's Exhibits :-
Exhibit B1 :: Pilot's defect report
Exhibit B2 :: Flight Sector Report
Depositions :: Nil
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