Delhi

New Delhi

CC/342/2015

Feedback Power Operations &Maintenance Services Pvt.Ltd. - Complainant(s)

Versus

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

11 Feb 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

                                     (DISTT. NEW DELHI),

                                              ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                                NEW DELHI-110001

 

Case No.C.C./342/2015                                                      Dated:

                In the matter of:

                 Feedback Power Operations & Maintenance Services Pvt. Ltd.    

              Having its Registered Office at 15^th Floor,

            Tower 9B, DLF Cyber City, Phase III,

            Gurgaon-122002, Haryana.

                                                                                                                                                                                                                                                                                                                                                        …Petitioners

                                               

                                                            Versus

 

Air India Ltd.

Having its office at GSD Complex,

IGI Airport Terminal – II

New Delhi, Delhi 110037                                                   ….Respondents

 

ARUN KUMAR ARYA-PRESIDENT

 

                                                                        ORDER

 

1.  That the complainant is a company incorporated in accordance with the provisions of Companies Act, 1956 with having its Registered Office situated at Tower 9B, 15^th Floor, DLF Cyber City, Phase III, Gurgaon.
2.  That Mr. Surender Challa placed an order on Air India Ltd (“Opposite Party”) through Travel agent Mr. Ramesh Kumar of LA Ezperanza Tours and Travels for delivery of consignment containing 6 original passports of complainant officials at Hyderabad who had planned to travel to Indonesia on 24^th December, 2014 for working on their project in Indonesia vide Air Way Bill no. 10634400.
3.  The said consignment was booked on 23^rd December, 2014 with clear instructions for sending the consignment through Air India Flight No. AI560 from New Delhi to Hyderabad in the morning of 24^th December, 2014 so as to ensure the delivery of the consignment to complainant on 24^th December, 2014 at Hyderabad. The passport were collected from the Embassy of Indonesia, New Delhi after issuance of Visa and were to be delivered at Hyderabad for enabling the officials to travel to Indonesia on the basis of issuance of Visa by the Embassy of Indonesia.
4.  These facts were clearly explained to the officials of the Opposite Party and were also clearly understood by the Opposite Party. Accordingly, specific flight number was mentioned on the above mentioned Air way Bill No. 10634400. The officials whose passports were contained in the consignment had to travel to Indonesia on 24^th December,2014 by late evening flight at 11:55 p.m. A copy of the ticket booked for the officials costing Rs. 2,71,105/- is attached as Anexure-II.
5.  However, the above mentioned consignment of passports could not be delivered to complainants at Hyderabad as per the stipulated time and so, an email was sent by the complainant to the opposite party at 9 PM on 24-12-2014 , intimating that the said packet of documents has not been received by them through the assigned flight and requested the OP to deliver the consignment packets on 25^th December, 2014. The copy of the same has also been placed on record. As the officers of the complainant could not get their passport for flying to Indonesia, as such, they have to take the flight on the next day i.e. 25.12.2015. It is stated that there was negligence on the part of OP and the complainant not only suffered financial loss on ticket price as there was no show for the work at Indonesia but also lost one day manpower cost beside facing humiliation from the client for not fulfilling the commitments of deploying the people on the project.
6.  The complainant also sent a legal notice to the OP on 09.03.2015 but no reply was given by OP. The complainant prayed that a sum of Rs. 5 lakhs on account of gross negligence, and deficiency in service of OP be awarded to the complainants.
7.  After notice the OP filed version denying the allegations made by the complainant. The OP admitted that the consignment of complainant was booked on 23.12.2014 and was to be taken to Hyderabad via Air India flight no. AI560. The complainant himself has stated that and the consignment also reached the Hyderabad on 24.12.2014 itself but was not delivered  As per the complainant themselves requested for delivery of consignment on 25.12.2014 without any iota of protest and objection. It is submitted by OP that the complaint is frivolous, devoid of merit and there is no deficiency on part of OP.
8.  We have heard the arguments, perused pleadings of the parties, evidence adduced on records.
9.  In its affidavit, the OP has itself admitted that the cargo consignment was assigned to AI560 on 24^th December,2014 but the same was forwarded through  flight -AI560 on 25^th December,2014 as per the terms and conditions of the contract of carriage whereas the perusal of Air bill dated 23.12.2014 bearing no. 0910634400, it was booked for 24.12.2014 for Hyderabad. There is a total variance in the version of OP as per the pleadings and as per the documents placed on record.
10.  The admission by the OP in not lifting the consignment on the assigned day that 24^th despite having booked for the same day, and then lifted for Hyderabad on 25^th without any communication to the complainant in this regard, then is clear deficiency in service on the part of the OP.
11.  As the complainant could not receive their passports on 24.12.2014, so,          they could not fly to Indonesia for the business trip. It is  also in the evidence there was no show in Indonesia as they could not reach Indonesia in time.
12.   The complainant has not quantified and substantiated before this Forum as to what amount they paid for cancelling the tickets to Indonesia. However, the complainant has prayed for compensation of Rs.5,00,000/- without any qualification in this respect.
13.   In view of above discussions, we are of the considered view that the OP is guilty of deficiency in service and hold accordingly. The complainant is awarded a sum of Rs. 35,000/- on account of mental agony and harassment suffered at the hands of the OP.  Rs. 15,000/- are awarded  to complainant  for litigation expenses. We direct OP to comply the order and  pay a sum of  Rs.50,000/- within 30 days from the date of receipt of this order failing which simple interest 9% p.a. shall be paid by the OP to the complainant from the date of receipt of the order till the date of realization.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum  11/02/2019.

The orders be uploaded on www.confonet.nic.in.

File be consigned to record room.

 

 

                                          (ARUN KUMAR ARYA)

                                                          PRESIDENT

 

 

                                                         (H M VYAS)

                                                              MEMBER