Kerala

Thiruvananthapuram

CC/14/506

Subramony .V - Complainant(s)

Versus

The Chairman & MD, Air India Ltd - Opp.Party(s)

14 Feb 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION THIRUVANANTHAPURAM

PRESENT

  SRI.P.V.JAYARAJAN        : PRESIDENT

                                SMT.PREETHA.G.NAIR    : MEMBER

    SRI.VIJU.V.R                   : MEMBER

 

            CC.NO.506/2014 (Filed on: 20.12.2014)

ORDER DATED : 26/03/2022

 

COMPLAINANT

          Subramony.V,

          S/o.Venkiteswaran,

          Residing at TC.37/1050, Gokul

          Ayya Vadhyar Street, Fort,

          Thiruvananthapuram District – 695 023

          (By Adv.Rajaprathap.S.J)

                                                                   VS

OPPOSITE PARTIES

1. The Chairman and Managing Director,

Air India Limited, Airlines House 113,

Gurudwara Rakabgani Road,

New Delhi – 110 001

2. The General Manager,

Commercial (TS) Air India,

IInd Floor, Main Reservation Building,

Safdarjang Airport, New Delhi – 110 003

3. The Station Manager,

Trivandrum International Airport,

Chackai, Thiruvananthapuram – 695 024

(By Adv.R.Jagadish Kumar)

ORDER

SMT.PREETHA.G.NAIR  :MEMBER

          The complainant is a company secretary working with IBS Software Services Private Limited. The complainant had booked two tickets on 20.08.2014 in Air India Flight AI 968 from Thiruvananthapuram to Chennai for his journey on 22.08.2014 to reach Chennai along with his four year old daughter to visit his wife and the new born baby. The complainant was informed by the opposite parties at the time of booking that the flight will depart from Terminal II (International Terminal) at Thiruvananthapuram. The complainant had made all arrangements for his journey along with his four year old daughter as fixed earlier. But on 21.08.2014, the complainant received on SMS message from the call centre of the opposite parties to his mobile number (9847398198) at about 8.33 p.m night that the flight will depart from Terminal I. It was further informed in the said message that if any information is required the complainant shall contact the Toll Free Number 18001801407. Relying on the above sms, the complainant reached Terminal 1 (Domestic Terminal) with his 4 year old daughter at 5.a.m. on 22.08.2014. When the complainant reached near the entrance to the terminal, the Airport security guard informed that many passengers had received a similar message and that they are going back to Terminal 2 (International Terminal) as the flight is going to depart from there. The complainant was extremely upset and shocked on hearing the message from the Airport Security Guards and was at a real dilemma at that situation. The complainant was under a real perplexed situation at it was early hours of the morning (5 a.m) where transport facility was not readily available. It was heavy raining during that time, and the complainant somehow managed to get an autorickshaw after waiting in the heavy rain with his four year old daughter. Both the complainant and his daughter were completely drenched, and all their luggage were socked. The complainant managed to reach Terminal 2 which was 5 kms away from the domestic terminal by an autorickshaw with his daughter being exposed the cold wind, while being completely drenched. There was heavy traffic jam at the terminal entrance. The complainant had taken his little four years old daughter and ran to reach the airport and barely managed to get the boarding pass. Further due to lack of time, the complainant had to rush through customs and security clearances immediately. The complainant at that time checked with the executive in the Airport counter who issues the boarding passes regarding the wrong information given to him. But they were completely insensitive to the trouble that his four year old daughter and the complainant gone though, and they merely said that several other passengers also got such a message and further that they had nothing to do with it as the sms was sent by the call centre of Air India. When the complainant insisted that he wanted to file a complaint, they informed him that there was no such facility to register a complaint, even though such a facility was available.  The complainant had suffered huge financial loss as well as both physical and mental agony and stress during the two hours, in the early hours of 22 August, 2014 (ie between 5 to 7 a.m.). The behavior of the staff of the opposite parties was inhuman and deplorable. The complainant issued a letter to the opposite parties seeking compensation. The reply sent by second opposite party is highly deplorable and shameful. Hence the complaint.

          2.       The opposite parties filed version stating the following contentions. Thiruvananthapuram Airport has two terminals functioning from February 2011. In order that the passengers should not be confused and be guided properly these opposite parties call centre informs the passengers individually the correct terminal of their flight departure through sms to the passengers mobile. Unfortunately on 22^nd August, 2014 for flight A1968 Thiruvananthapuram to Chennai due to human error by call centre staff, a wrong communication was sent saying that A1968 departs from the domestic terminal. Once the opposite parties came to know about the mistake they had positioned their officials in the domestic terminal, arranged taxies to ferry the passengers to International terminal. The complainant along with his daughter reported at the domestic terminal. He was informed by the opposite parties officials at the domestic terminal and he arranged his own taxi and went to the International terminal for taking the flight to Chennai. All passengers were redirected and were accommodated on A1968/22^nd August, 2014 which departed at 6.30. a.m. The opposite parties also apologized to the complainant vide email dated 1^st September 2014 in reply to his mail dated 27^th August 2014 and agreeing to reimburse the taxi fare of Rs.500/- to him.   

3.       Complainant filed chief affidavit and documents. Exts.P1 to P11 marked. Complainant cross examined by opposite parties. Opposite parties not filed affidavit and documents. Complainant filed argument notes.

Issues to be considered as :-

1. Whether there is any deficiency in service on the part of the opposite party?

2. If so what is the relief and cost?

Issues I & II

4.       We perused relevant documents on record. The opposite parties admitted their mistake in their version by stating that there was technical default in sending the message. The averment that the opposite parties were in domestic terminal and they managed taxies for passengers. But they had not produced evidence to prove that aspect. The complainant and his daughters left to International Airport by hiring auto rickshaw. Ext.P1 is the Airticket on the name of complainant and his daughter. As per Ext.A2 sms dated 21/08/2014 sent by opposite parties to show that Flight departs from Domestic Terminal T1. Ext.P3 is the copy of mail dated 27/08/2014 sent by the complainant to demand compensation from opposite parties. As per Ext.P4 the opposite parties sent reply to the complainant stating that reimbursing to give an amount of Rs.500/- being the transportation from Domestic Terminal to International Terminal. Ext.P5 is the mail dated 14/09/2014 send by the complainant to the opposite parties to not received any reply to previous mail. Ext.P6 is the copy of letter dated 30/09/2014 sent by the complainant to opposite parties to claim Rs.25,000/- as compensation. Ext.P8 is the discharge voucher dated 08/10/2014 issued by first opposite party for an amount of Rs.500/-. As per Ext.P4 the opposite parties informed that reimbursing to Rs.500/-. Ext.P9 is the letter dated 13/10/2014 issued by the complainant to opposite parties to claim for Rs.25,000/- as compensation. Ext.P10 is the letter dated 04/11/2014 sent by complainant to opposite parties to pay compensation of Rs.25000/-. Ext.P11 is the e-mail dated 07/11/2014 sent by first opposite party requested to sign the discharge voucher being the transportation from domestic to international terminal. As per Ext.P10 the complaint be redressed by ordering to pay compensation of Rs.25,000/-. The opposite parties had not paid that compensation. The opposite parties not produced any oral or documentary evidence to disprove the case of complainant. In the above discussions we find that the acts of opposite parties amounts to deficiency in service.

                 In the result, complaint allowed. We direct the opposite parties jointly and severally to pay Rs.25,000/- (Rupees twenty five thousand only) as compensation for mental agony and Rs.2500/- (Rupees two thousand five hundred only) as cost of the proceedings to the complainant within one month from the date of receipt of order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realization / remittance. 

               A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

   Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 26^th day of March 2022.

 

                                                                                         Sd/-

   P.V.JAYARAJAN          : PRESIDENT

                                                                                     

                                                                                   Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                          Sd/-

VIJU.V.R     : MEMBER

 

 

 

Be/

 

 

 

 

APPENDIX

CC.NO.506/14

List of witness for the complainant

PW1            - Subramony.V

Exhibits for the complainant

Ext.P1         - Copy of E-ticket itinerary receipt

Ext.P2         - SMS dated 21/08/2014

Ext.P3         - Mail sent by complainant dated 27/08/2014

Ext.P4         - Reply sent by the second opposite party dated 01/09/2014

Ext.P5         - E-mail dated 14/09/2014

Ext.P6         - Letter dated 30/09/2014 sent by the complainant

Ext.P7         - E-mail dated 08/10/2014 by the first opposite party

Ext.P8         - Discharge voucher dated 08/10/2014 issued by the first opposite party

Ext.P9         - E-mail dated 13/10/2014 sent by the complainant

Ext.P10       - Letter dated 04/11/2014 sent by the complainant

Ext.P11       - E-mail dated 07/11/2014 sent by the first opposite party

List of witness for the opposite parties        - NIL

Exhibits for the opposite parties                 - NIL

Court Exhibits                                            - NIL

 

                                                                                              Sd/-

                                                                                      PRESIDENT