Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 502.
Instituted on : 29.10.2020.
Decided on : 26.05.2022.
Prof. Sanket Vij, age 46 years, House no.257, HUDA Urban Estate Rohtak-124001, Haryana.
………..Complainant.
Vs.
- The Chairman and Managing Director Air India Ltd., Airlines House, 113, Gurudwara Rakabganj Road, Behind All India Radio Parliament Street, Delhi-110001.
- The Officer In-charge Air India Airport Office Tourist Reception Centre, Vir Marg, Jammu-180001, India.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. SHYAM LAL, MEMBER.
Present: Complainant in person.
Sh.M.K.Munjal, Advocate for the opposite party No.1.
Opposite party No.2 already exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the complainant had booked Air Tickets of Air India Ltd.,( To-22nd Nov 2018) and AI 822(Fro 23rd Nov 2018) to travel from Delhi to Jammu and back. The tickets were booked via online mode from Rohtak and Rs.16791/- were paid for the tickets. The PNR Number was JK1PQ and e-ticket number was 0982 127402619. The complainant paid extra amount to select seats for extra leg space and Rs.1000/- paid for the same. Complainant performed the journey from Delhi to Jammu on 22nd November 2018 via Air India flight AI 821. On 23rd November 2018, after web check-in and luggage scan at Jammu Airport, the Officer-In-Charge of the Air India at Jammu airport informed that the Air India flight AI 822 is cancelled due to technical fault. Complainant informed the Air India official that his mother was suffering from cancer and a visit to Medanta Hospital Gurugram is scheduled for 24th November 2018 at 10a.m. for consultation and check-up and requested to arrange a ticket for the complainant on the same day in any other Airlines so that he can reach Delhi on time. But Air India officials showed their inability to provide any support in this regard. They have suggested the complainant to book the ticket in any other Airline and also informed that a full refund will be given in 7 days in this regard. As suggested and endorsed by the Incharge, Air India Jammu in writing for a refund of full ticket amount, the complainant booked a ticket of Indigo Airlines Flight 6E-792 on the spot at a higher price and paid Rs.13837/- through online mode and complainant travelled back to Delhi on 23rd November 2020. After waiting for seven days, complainant contacted customer care services of the opposite parties but no response received. Complainant submitted grievances on 31st Dec 2018 via email on st Dec. 2018 through Air India feedback portal and received a response on 3rd Jan 2019 from Air India that the matter is under investigation. Thereafter complainant raised the issue number of times through telephone but no positive response has been received till date. Complainant again submitted grievances on 4th July 2020 and also sent a legal notice through Air India feedback portal on 4th July 2020 and received acknowledgement and the status of the grievance is shown as closed on 12 Sept 2020 without any relief and refund. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay Rs.13837/- alongwith compensation of Rs.200000/- and litigation expenses of Rs.2000/- to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite party No.2 did not appear despite service and was proceeded against exparte vide order dated 29.12.2020 of this Commission. Opposite party No.1 in its reply has submitted that complainant purchased air tickets for Delhi-Jammu-Delhi Sector. The tickets bearing no.09821227402619 under PNR JK1PQ were booked for AI-821 scheduled for 22.11.2018 from Delhi to Jammu and AI-822 for 23.11.2018 from Jammu to Delhi. On 22.11.2018 the complainant availed
the services of the answering opposite party and flew from Delhi to Jammu comfortably and smoothly. Thereafter on 23.11.2018 the complainant was to fly from Jammu to Delhi with the answering opposite party but unfortunately the said flight was cancelled as the aircraft had certain technical issues. Due to the technical issues which were totally beyond the control of the answering respondent, the flight could not proceed as per the given schedule and the said flight had to be cancelled. The flight was canceled due to the constraints beyond the power and control of the answering opposite party and the complainant admittedly have stated that the flight was ‘cancelled due to technical fault”. Opposite party duly conveyed cancellation of the flight to the complainant due to the constraints beyond the power and control of opposite party. It is wrong and denied that complainant is entitled to any relief or compensation or cost as prayed for. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C15 and has closed his evidence on dated 24.09.2021. Ld. counsel for the opposite party No.1 has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R2 and has closed his evidence on dated 21.02.2022.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case it is not disputed that the flight booked by the complainant for 23rd November 2018 for Jammu to Delhi was cancelled by the opposite party. The contention of the complainant is that he was in urgent need of a flight as his appointment alongwith his mother at Medanta Hospital Gurugram was fixed for 24.11.2018, who was suffering from cancer. But despite his repeated requests, no arrangement of alternate flight was made by the opposite parties and due to urgency of his visit, he had to book a ticket of another Airlines in Rs.13837/- and paid the higher price. It is further contended that despite his repeated requests, no refund was made whereas the status of Grievance on Air India feedback portal was shown as closed on 12 Sept. 2020 without any relief and refund. On the other hand contention of ld. counsel for the opposite party No.1 is that due to the technical issues which were totally beyond the control of the answering respondent, the flight could not proceed as per the given schedule and the said flight had to be cancelled and the opposite party No.1 has already refunded the amount paid by the complainant for cancelled flight AI-822 on 18.02.2019.
6. After going through the file and hearing the parties it is observed that as per the respondents, the flight was cancelled due to technical issues but it is not explained anywhere in the reply or affidavit of the opposite party No.1 that which technical issues appeared (AIR Force Control(ATC), meteorological conditions, security risks, natural disaster or due to the impact of cancellation of other flights), due to which flight was cancelled. Moreover, the flight was cancelled on 23rd November 2018 and complainant made repeated requests through emails Ex.C7 to Ex.C14 dated 04.07.2020 for refund of his amount. Whereas the refund was made on 18.02.2019 and the complainant came to know about the same only through the reply filed by the opposite parties on 15.04.2021. Moreover it was the duty of the opposite parties to provide timely assistance to the complainant as he was in urgent need of the ticket. Hence there is deficiency in service on the part of opposite party No.1 and opposite party No.1 is liable to compensate the complainant. As per the document Ex.R2 placed on record by the opposite party No.1, they have refunded the amount of Rs.10377/- on 18.02.2019 and Rs.500/- on 20.05.2019 i.e. total Rs.10877/- whereas the complainant has purchased the ticket from another flight of Indigo airlines for Rs.13837/-. As such he suffered a financial loss of Rs.2960/- beside the mental agony and harassment due to the deficiency in service on the part of opposite party No.1.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.1 to pay Rs.2960/-(Rupees two thousand nine hundred and sixty only) alongwith interest @ 9% p.a. from the date of cancellation of ticket i.e 23.11.2020 till its realization and shall also pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
26.05.2022
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Shyam Lal, Member.
