Delhi

New Delhi

CC/1566/2008

T.A. Gangadharan - Complainant(s)

Versus

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

07 Mar 2019

ORDER

 

                                    DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-VI

                                                (DISTT. NEW DELHI),

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

                                                                                      NEW DELHI-110001

 

 

Case No.C.C. 1566/2008                                                            Dated:

   In the matter of:       

  Mr. T.A. Gangadharan

  84, Prasad Nagar

   New Delhi-110005                                                    ……  Complainant

 

Versus

 

 

The Chairman & M.D. (NACIL)

AIR INDIA LTD

Registered Office

113, Airlines House,

Gurudwara Rakabganj Road

New Delhi - 110001                                                     …….Opposite Party

 

 H.M. VYAS – MEMBER

                                                                                                       Order

      The complainant has alleged for mental and physical agony caused by the acts of the OP- Air India.  It is alleged that the complainant that he is golden edge member of Air India for several years and is a frequent flyer. A number of correspondences have been enclosed with the complaint where it is alleged that on 14^th July, 2008 he was travelling to Phoenix with his wife and took flight AI-137 to Los Angles.  The flight was delayed by more than 3 hours in the morning.  The complainant already booked tickets for onwards journey to phoenix, originally booked by flight US- 222 which was scheduled to depart at 19:25 hours.  Since the flight AI-137 got delayed therefore, he was advised  by the AI to check in with counter staff at Delhi to book the luggage for phoenix as he would be travelling by UA-6453 flight leaving Los Angles at 22:30 hours and reaching phoenix at 23:54 hours .  The UA authorities did not allow complainant to board the flight 6423 in the absence of endorsement from AI on tickets not withstanding that the luggage was already booked / sent by said flight to Phoenix.   The complainants were left in the lurch throughout the night and the complainant, a senior citizen, suffering from Coronary Artery Disease (CAD) could not take medicines due to transportation of luggage to phoenix without the passenger/ complainant.  Next morning, the complainant was informed that 3 baggage had already reached phoenix and could be collected the same on arrival there.  The Air India realised their folly when contacted by the son of the complainant and then booked the complainants to phoenix through flight no. US-262. 

The OP was noticed and it filed the reply/ written statement.   The OP has raised the preliminary objections that this Forum does not have the jurisdiction as the dispute involved is not a consumer dispute and the present compliant is manifestly beyond the purview of the Consumer Protection Act.  The complaint is baseless, abuse of the process of law and that the complainant has no locus standi to file the present proceedings.  It is stated that e-ticket were issued by the travel agent M/s Uday Tours for flight as below:-

Flight No.	Sector	Status
AI137/14 Jul 08	DELLAX	Confirmed
US222/15 Jul 08	LAXPHX	Confirmed
US 2708/06Aug08	PHXLAX	Confirmed
US136/06Aug08	LAXDEL	Confirmed
E- ticket number	098 540 1175	Mr. T.A. Gangadharan
E- ticket number	098 574 1176	Mr. Padma Gangadharan

 

 

 

      It is stated that on 14.07.2008 flight no. AI 137 of OP was delayed at IGI Airport due to engineering problems (Technical Snag) consequently delayed arrived at Los Angles (LAX).  As such the complainant missed the connecting flight US 222/15Jul08 scheduled to depart from LAX to Phoenix at 19:25 hours. The complainant was rebooked by the staff of OP to Phoenix through flight UA 6453.  It is also stated in Para 4 of the written statement that, “since the rebooking was done on UA flight, the Passenger Transfer Message (PTM) which were auto generated by the Respondent system after the flight closure at Delhi, reflected UA 6453/14Jul08 as the onward connecting flight LAX with 4 pcs of baggage weighing 75 kg”.  It is also stated that from 01/06/2008 the E-ticket became mandatory for all international Air transport association member.  Therefore, with some interline partners regarding issuance of e- tickets realised early but with some the process of upgradation was on and booking with UA Airlines with which Indian Airlines was still working out and Interline E- ticket agreement  was yet to be finalised and concluded on 18.10.2008.  The staff of the OP made the booking with UA to help the complainant to catch first available flight to Phoenix Sector.  It is also stated that the checked in baggage of the complainant was tagged with interline carrier UA 6453 from Delhi- Phoenix via Los Angles as per the rebooking in the PNR and accordingly, were cleared by the customs and physically handed over to interline baggage drop of belt (handed by independent agency on behalf of all carriers operating at LAX) and proceeded to UA terminals for onward check in.  The domestic carrier including UA accepted the interline bags to the final destination irrespective of whether the passenger makes it on the flight or not.  As soon as the OP came to know that UA authority had not allowed to complainant to board the flight no. UA 6453, OP issued ticket to the complainant for the flight US 262 /15Jul08 for Phoenix from Los Angles.  Denying the allegations levelled against the OP, prayer to dismiss the complaint has been made. 

       The complainant filed rejoinder with supporting affidavit denying the version of the OP and reiterated the texts of the complaint. 

 

Both the parties have filed their respective evidence by way of affidavit.

Both the parties have addressed oral arguments on 20.02.2019. The complainant also filed brief synopsis.

We have carefully gone through the material placed before us and  the   arguments of the parties.  

The undisputed facts remind that the flight at IGI Airport was delayed and consequently the connecting flight could not be boarded by the complainant.  It is also not disputed that UA authorities did not allow the complainant to board the flight and the OP reissued the ticket for the flight US 262 from LAX to Phoenix.  It is also not denied  by the OP that the luggage of the complainant was sent to Phoenix directly through flight UA 6453 without the complainant.  The complainant was facilitated by providing the other earliest possible flight.  The OP has also admitted that auto generated passenger transfer message was generated after the flight closure at Delhi reflecting the flight 6453 connecting the other flight LAX with 4 pieces of baggage.   During the arguments the OP did not clarify the specific query of the Forum as to what was the technical snag/ engineering problem which caused delay in the flight AI 137, nor any document substantiating it was placed on record. 

      So far as the objection that the complainant is not a consumer and that the dispute raised by the complainant is not a consumer dispute, we are of the considered view that the complainant is a consumer.  The allegations of the complainant alleged in the complaint have been admitted as has been noted herein above.  Holding the OP to be guilty of deficiency in service, we award a sum of Rs. 40,000/- in lump sum for mental and physical agony faced by the complainant beside litigation cost of Rs. 5000/-.  The complaint is disposed off accordingly.

The order shall be complied within 30 days from the date of receipt of this order

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

Announced in open Forum on 07/03/2019.

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

File be consigned to record room.

 

                                                     (ARUN KUMAR ARYA)

                                                                PRESIDENT

 

(NIPUR CHANDNA)                                                            (HM VYAS)

      MEMBER                                                                        MEMBER