Delhi

New Delhi

CC/842/2010

Gunish Sukhija & S C Sukhija - Complainant(s)

Versus

M/S. American Airlines - Opp.Party(s)

16 Nov 2018

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. 842/2010                                                       Dated:

In the matter of:       

Gunish Sukhija & S.C. Sukhija,

M-3, Lady Harding Lane,

Raja Bazar, Near Jain Mandir,

New Delhi-110001.                                                              …… Complainant

 

Versus

1. American Airlines

E-9, Connaught House,

Middle Circle, Connaught Place,

New Delhi-110001.

 

2. Regency Tours Pvt. Ltd.

          121, D.B. Gupta Market,

         Karol Bagh

        New Delhi.

 

3.  Air France

          Customer Service,

            8^th Floor Tower no.8c,

          Cyber City, DLF Phase-II,

           NH8 Gurgaon-122002

 

4. Air India,

       Safdarjung Airport,

        New Delhi-110003

                                                                                                           ……. Opposite parties

            Present:-  Complainant in person.

                              Counsel Sh. Ajay Bansal for OP-3 Air France. 

 

H. M. VYAS   - MEMBER

                                                            Order

            The complaint has been filed against the OPs alleging deficiency in service praying for the following relief :-

	Amount Paid to Air France(Rs.6,800/-+Rs. 6,800/-)	Rs. 13,600/-
	Loss of mileage plus equivalent to (Rs. 30,000 X 2)	Rs. 60,000/-
3.	Not supplied to the meals	Rs.6,000/-
4.	Missing Items	Rs. 28,000/-
	Cost of bags	Rs.12,000/-
	Compensation cost (Rs. 6000 X 2)	Rs. 12,000/-
	Interest upto 30/06/2010 @ 2% P.M.	Rs. 71,851/-
	Cost of harassment caused & collection/compensation charges (Rs. 10,000X2)	Rs. 20,000/-
	Total	Rs. 2,23,451/-

 

             It is alleged that the complainants purchased two tickets from M/s Regency Tours & Pvt. Ltd. costing Rs. 1,74,422/- of American Airlines on 08/08/2008 for Delhi-Paris-Dallas-Sao Paulo-Dallas-Franlfurt-Delhi for a tour from 13/08/2008 to 24/08/2008.  Each passenger was allowed to carry maximum 18 kg. of weight but they had two checked-in-bags of about 45 kg & one hand bag of 10-11 kg.  At the time of start of journey, the Air France staff charged Rs. 6800/- each for the extra baggage.   On asking to make entry of the benefit of mileage-plus as complainants were frequent flyers, the staff of Air France denied the same on the ground that the they had the documents of American Airlines.  Similarly the American Air lines also did not give the mileage plus benefit to the complainant informing that they don’t have tie up with Air France.  Further it is alleged that the booked meals were not provided on the ground that the same was not boarded in the plane.  The same difficulty were also faced on return journey from Frankfurt to Delhi.  On reaching Delhi, it was found that the suitcases were damaged & some items were missing from the bags.  Report was lodged to Air India bags services vide No. DEL AI 30896/25 Aug 08/0207 GMT.

            All the opposite parties were noticed.   As none appeared for OP1, OP-2, & OP-4, despite service and as such they were proceeded ex-parte on 01/11/2011. The OP-3 filed version/written statement & denied all the allegations made by the complainants.  It is stated that the complainants travelled by three Air lines.  Air France has a code share agreement with Air India for Delhi-Paris sector wherein few seats were offered to later under the agreement, however, the tickets for such passengers used to be sold by Air India under their flight number.

  The complainants were carried in the flight under the said agreement but the tickets were issued by American Air Lines and therefore there was no contract of carriage between the complainants and the Air France.  Regarding excess baggage charges, it is stated that the levy of charges was made as the complainants had more than the permissible weight and the charges were as per the general conditions of carriage.  Further it is stated that there was no agreement between Air France & Air India therefore, was not entered in the complainants’ frequent flier miles.

It is stated that as a matter of fact the complainants did not buy tickets directly from Air France, so, there was no reciprocal contract between the complainant and Air France. American Air lines i.e. OP-1 does not have any tie up with Air France, if at all there exist any claim, it lies against other carriers/travel agent i.e. against the other OPs and OP-3 is not liable to any claim of the complainant.  It is also stated that each complainant made payment of Euro 50/- for extra weight of four checked in pieces of baggage and a flat fee of Euro 50 x 4 charged (two pieces per passenger). It is also stated that the reply to first correspondence dated 31/05/2010, e-mail dated 17/06/2010 from the complainant was sent on 04/06/2010 and 18/06/2010, again on 21/06/2010 explaining the rationale behind excess baggage collection and no reimbursement is due.  Denying all allegations against the answering OP prayer to dismiss the complaint is made with cost.

The complainant filed rejoinder and affidavit by way of affidavit affirming the text of the complainant and refuting the version filed by OP-3.  Op-3 filed evidence in affidavit supporting the version.  Both the parties filed written arguments and the complainant addressed oral arguments. 

It is argued by the Ld. Counsel for the complainant that the deficiency in service is apparent on the part of the OPs concerning the issues raised in the complainant.  Reliance is placed on the documents and it is argued that as per “Baggage information for Brazil (valid American Airlines on-line routing travel between United States/Canada and Brazil)  2 check in bags of weight 70 lbs/32 k.g is permitted free of charge (CF-1A) and also as per document CF-1C Summer checked Bag limitations applicable to American Airlines,  the permissible 2 bags luggage of 32 k.g. is without charge.  Therefore the charges levied are unjustified.

It is argued that as per the terms and condition of ‘ Flying Blue Program’ of Air France the ‘Award Miles’  is defined as the miles earned on Air France, KLM, Air line partners and Non-air line partners in accordance with the procedure said forth in FB Communication, Award Miles can be used to obtain awards. Reliance is also made to clause 1.2.9 &1.2.10 of the said conditions which speak that (1.2.9)- ‘ For lvory Members, Award Miles are valid for 20 months. Only accrual on flights of Air France, KLM, Sky Team Partners and participating Carriers, or any other activity designed as extending in the FB Communication is considered as an extending activity. The Company reserves the right to cancel the Award Mils after a period of 20 months with no extending activity registered on the Member’s account.  It is up to the Member to check the expiration date of his Miles.’  (1.2.10)- ‘After a period of 6 years of no accrual of Award Miles by a Member, the Company reserves the right to unilaterally terminate membership.’ In view of such submissions the complainants claimed to be entitled for the Award Miles.  The other grievance besides charging for 16KG for 2 persons each a sum of 100 Eros, it is stated that no meal was provided by Air India though booked and therefore the OPs are deficient in service.

 Per contra, it is argued by Ld. Counsel for OP-3 that in absence of any agreement the Award Miles cannot be given by the Air France and the liability, if any, would be of other OPs. Regarding charging of fee for extra weight the same is as per their rules and regulations. The documents relied by the complainant i.e. CF1C & CF1D have not been denied, however, it is stated that the same is concerning the American Air Lines and not Air France. Reliance has been placed on the “calculate your baggage allowance” wherein the permissible weight of the baggage is mentioned as 23 KG/50lb and justified the levy in these terms. As regard alleged loss/damage of articles it is stated that the flight from Frankfurt to Delhi was on Air India operated flight having flight no. AI-136 therefore, Air France (OP-3) cannot be held liable for any delay, damage or pilferage.

 We have considered the material placed before us and the arguments of the parties with relevant provisions of law. Since, OP-3 i.e. Air France only contested the case and the other OPs i.e. OP-1, OP-2, OP-4 proceeded ex-parte on 01/11/2010 as such the testimony of complainant as remained un-rebutted against the said 3 OPs. The first issue is regarding the levy of extra weight of baggage of the complainant by Air France(OP-3). In this regard we are of the considered view that carriage of the baggage free of charge up to 23KG is permissible as per the terms and conditions placed by OP-3  and therefore the claim of the complainant for refund of said charges is rejected. The second issue of non-supply of meals by Air India to the complainants is a deficiency in service on the part of OP-4, as the testimony of the complainant in this regard is un-rebutted. So far, the allegation of non-entry of the “Award Miles” by OP-3, we that in absence of  any contract of carriage between the complainants and OP-3, the OP-3 cannot be held liable for the same, more so, in view of the facts that OP-3 had a code share agreement with Air India for Delhi-Paris sector and that the tickets were purchased by the complainants on American Air Lines (OP-1).  Further, we hold that the “Award Miles” are given to frequent flyers without any consideration, therefore, it is beyond the scope of Consumer Protection Act, 1986.  As regard loss/ damage etc. claimed by the complainants, we are of the considered view that no proof for actual damage/loss allegedly suffered by the complainants has been placed on record and as such the claim is based on sheer allegations  and is merit less.

In view of above discussions, we hold the OP-4- Air India to be deficient in service for not providing meal even after booking and therefore, award a sum of Rs. 25,000/- in lump sum  for deficiency and compensation for harassment, mental agony and litigation charges payable 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  16/11/2018.

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

File be consigned to record room.

 

 

 

  (ARUN KUMAR ARYA)

                                  PRESIDENT

(NIPUR CHANDNA)                                                                      (H M VYAS)

                                MEMBER                                                                                 MEMBER