Kerala

StateCommission

CC/14/62

A Madasamy - Complainant(s)

Versus

The Chairman and Managing Director, Air India - Opp.Party(s)

12 Jun 2015

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

CC.62/14

JUDGMENT DATED:12.06.2015

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

1. Sri.A. Madasamy,

Reserve Bank of India Staff Quarters,                         

Plamoodu,Trivandrum.

 

2. Dr. R. Gopalakrishnan Kottoor Nair,

TC.12/1716-1, “Manasasaras”,

Kottoor Compound, Near Trivandrum-                        : COMPLAINANTS

District Co-operative Bank Limited,

Kunnukuzhi, Trivandrum-695 034.

 

3. Shri. V.K. Narayanan,

TC.54/2196(2), Tele Nagar,

Pappanamcode, Trivandrum-695 018.

 

(By Amicus Curiae - Adv: Sri. N.G. Mahesh)

 

            Vs.

 

The Chairman & Managing Director,

Air India, 2^nd floor, Airlines House,

113 Gurudwara Rakabganj Road,                                 : OPPOSITE PARTY

New Delhi-110 001.

JUDGMENT

JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

This is a complaint filed by the complainants under section 15 of the Consumer Protection Act, 1986 claiming a compensation of Rs.25,00,000/- each for the alleged negligence and deficiency of service on the part of the opposite party, Air India.

2.      The case of the complainants as detailed in the complaint in brief is this:-

Complainants are officers of Banking Ombudsman, Reserve Bank of India, Thiruvananthapuram.  They were in possession of confirmed ticket booked by the Bank from Agatti Island in Lakshadweep to Trivandrum on May 10, 2014 in flight No.AI 9502.  When they reached the Airport they were refused boarding pass stating that their names did not find a place in the reservation list of passengers.  Only on the next day they were able to reach Kochi and they have undergone untold hardship at airport.  Complainants claimed a compensation of Rs.25,00,000/- each for the deficiency of service on the part of the opposite party.

3.      Opposite party is Air India represented by its Chairman and Managing Director.  He in his version contending thus:-  It is true that complainants had booked Air India E tickets to travel from Agatti to Kochi on May 10, 2014 in Flight No.AI9502 and ticket from Kochi to Trivandrum on May 11, 2014 in flight No.AI 48.  But when they reported for the flight their names did not appear in the Airport Check in System.  Their names are left out by the computer because of the migration of Alliance Air System to SITA on May 09, 2014.  As the Airport officials were helpless they have made arrangements for the complainants to travel on the next flight on May 11, 2014.  There was no willful laches on the part of the officials of the opposite party.  Therefore this opposite party is not liable to pay compensation to the complainants.

4.      Third opposite party was examined as PW1 and Exts.A1 to A4 were marked on his side.  On the side of the opposite party Exts.B1 and B2 were marked.

5.      Heard the counsel (Amicus Curiae) for the complainants and the counsel for the opposite party.

6.      The following points arise for consideration:-

1. Whether there was any deficiency of service on the part of the opposite party?
2. What is the compensation the complainants are entitled to?

7.      It is admitted that complainants booked Air India E tickets for travelling from Agatti to Kochi in Flight No.AI 9502 on May 09, 2014 and another ticket was booked travelling Kochi to Trivandrum in Flight No.AI 48 on 11^th May 2014.  It is not disputed that on May 10, 2014 when they reported in the Airport at Agatti they were refused permission to board the aircraft or issue boarding pass.  It is not disputed that it was only on the next day they were able to fly to Kochi and from there to Trivandrum.  The excuse offered by the opposite party that due to migration of Alliance Air System to SITA on May 09, 2014 the names of the complainants were not seen in the passenger list and that therefore they were unable to board the flight cannot be accepted. Not allowing them to travel in the booked flight,  it is a clear deficiency of service on the part of the air India.  Complainants were put to much hardship due to the attitude of the opposite party.  They had to stay in Agatti Island in Lakshadweep on 10^th night.  Only with the help of their friends they were able stay in the Agatti Island on the night.  That being so the opposite party is bound to pay compensation to the complainants.

8.      As regards compensation, taking into account the difficulties experienced by the complainants and the fact that they had to stay in the night of May 10^th in the Agatti Island and also the fact that the complainants are officials of Ombudsman of Reserve Bank of India, I am of the view that the compensation of Rs.5 lakhs to each of the complainants would be reasonable.

In the result complaint is allowed.  Opposite parties are directed to pay compensation of Rs.5,00,000/- to each of the complainants.  They are entitled to interest at the rate of 9% per annum from the complaint till realization.

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

APPENDIX

COMPLAINANT’S WITNESS

PW1           : Sri. Narayan

COMPLAINANT’S EXHIBITS

Ext.A1        :  Electronic Ticket issued to Third complainant.

Ext.A2        : Electronic Ticket issued to first complainant.

Ext.A3        : Boarding pass issued to third complainant (two numbers).

Ext.A4        : Travel expense of Helicopter Service dt:10.5.2014.

OPPOSITE PARTY’S WITNESS

DW1           : Rajasree.L

OPPOSITE PARTY’S EXHIBITS

Ext.B1        : Authorisation letter of Ms. L. Rajasree.

Ext.B2        : Migration of Alliance Air(91) flights in separate partition.

 

JUSTICE P.Q. BARKATH ALI: PRESIDENT

VL.