Date of Filing:30.07.2022

Date of Disposal:31.05.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

SMT.NANDINI.H.KUMBHAR, MEMBER

1. This complaint is filed by the complainant under section 35 of the C.P.Act, 2019 against the OPs alleging deficiency of service.

2.  The brief facts of the case is as follows:

The complainant booked 04 air ticketsi.e. herself, her elderly parents and brother to travel from Chandigarh to Bengaluru on 27.03.202 and as her father being aged and senior person and suffering from knee pain and booked wheel chair prior to the travelling. When the complainant and with brother and parents, the security staff helped to get wheelchair and they by brought to booking center and left them in front of the booking counter. The father of the complainant was under medication and he was sleepy while sitting on the wheelchair. On seeing the condition the manager of the OP airline called their nurses and check the complainant father to clear for boarding and started questioning and the complainant explained answers, but theyhave not satisfied and the complainant showed her father’s prescription and represents that the complainant father is taking psychiatric consultation. The complainant and her parents and brother waited for one hour, but no one from OP entertained them. The complainant went back to airline counter to seek their assistance and after confirmation of wheel chair was booked already. Thereafter the boarding pass were given and after cleared the security check, the OP informed that the father and brother of the complainant is not fit to fly and the staff of OP coming with new demands, even after completing their demands, the staff told thatthey will not allow and leave the lobbyaround 7.15 PM and it was completely dark. Thereafter with no other option the complainant took bus from airport to chandigarh with aged parents and brother booked a car for Delhi to Bengaluru around 11.00PM. and reached Delhi around 4.21AM on 28^th March 2022 and took off 6.00 AM flight and landed Bengaluru safely. In this regard the complainant had spend hugeamount. The person whom the labelled psychic shared state with the some strangerand the person BP was shooting high had no BP issue while on board. Inspite of tears kept from the complainant and her parents eyes requested with folded hands. Due to which the complainant and his family members undergone severe humilitation, mental stress, agony. After the incidents the complainant contacted OP and sent legal notice and after receiving the notice the OP till the day OP are not given any reply. Aggrieved by the act of the Ops the complainant filed this complaint against Ops for relief as prayed in the complaint.

3. The OP represented by counsel, despite sufficient opportunity, the OP had failed to file their written version and version of OP is taken as not filed.

4. The complainant has also filed chief examination affidavit by reiterating the complaint allegations and also filed documents in support of their plea.

5. Heard arguments and matter is reserved for orders.

6. The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

7. The findings on the above points are as under:

Point No.1               :       Affirmative

Point No.2               :       As per final order

REASONS

8. POINT NO.1:- The complainant filed chief-examination affidavit by reiterating the complaint averments as against the OP airlines and also produced relevant documents in support of their contention. From the perusal of the documents produced, it is crystal clear that the complainant has booked 04 air tickets from Chandigarh to Bengaluru on 27^th March 2022, having paid full amount to the OP and also the complainant availed wheelchair services to the complainant father from the OP. When the complainant arrived at airport under the medication the complainant father was in sleepy, the manager of OP airlines called the nurse and check the complainant father to clear the boarding after seeing the prescription of the complainant’s father and representative of OP  informed that  they denied to allow and informed that the  father and brother of the complainant are  not fit to fly. Thereafter the complainant book the bus with her aged parents and brother from airport to Chandigarh and booked a cab and air tickets with Gofirst Airline from Delhi to Bengaluru around 11.00PM and reached Delhi Airport at 4.21AM on 28^th March 2022 and took flight and landed Bengaluru safely after paying full amount of Rs.30,764/- and airtickets as per documents produced. The staff of the OP out of bonafide mistake could not be assist or help the complainant. The complainant also produced mail communication between the OP and the complainant, in which the OP replied to refund the amount. The complainant  had already booked wheelchair to her father at the time of booking of air tickets and she never mislead nor suppressed any facts to Ops. The complainant has also sent legal notice to OP dt.20.04.2022 regarding the issues and incidents which the complainant faced during Ops service at the airport and after receiving the notice the Ops have not given any reply from their side.

9. From the perusal of all the documents, the commission is of the definite opinion that the complainant had booked air ticket to her aged parents and brother and brother also booked wheel chair for her father by paying full amount. When the complainant reached airport, the OP airlines cleared the security check, the OP airlines informed that the father and the brother are not fit to fly and they will not to allow to fly. All these facts need to be considered by the complainant and the complainant putforth to substantiate her contention as against OP airlines. From the entire averments of the complaint the complainant purchased ticket from OP airlines with good hope to get better service, but the staff of the OP come up with lot of questions which were surprising and checked the complainant’s father prescription and come up with BP is high and after completing their demands the OP staff told to the complainant that they will not allow to fly. Even after waiting for more than 04 hours in the airport, the OP staff not ever asked or offered water/food, which shows the clear case of deficiency of service on the part of OP. Inspite of tears kept rolling from the complainant and aged parents eyes and requested with folding hands, but the OP did not melt. Due to the act of the Ops the complainant and her parents undergone mental stress, hardship. On the other hand the email communication from the Ops, the documents produced by the complainant the bonafide mistake committed by the OP airline staff and humiliation and harassment claimed to have been suffered by complainants. The OPs already processed the refund of the complete ticket cost of Rs.39,764/- also inconvenience caused the OP had offered travel voucher worth of Rs.5,000/- each to parents and to complainant. So the commission is allowing the complaint only to pay compensation, for which the complainant was suffered during availing service from the OP airlines.

10. In view of the above discussion and by looking at the facts of the complaint and the documents produced, the complaint deserves to be allowed and OP is liable to pay the relief as granted  in the complaint. Accordingly, we answer Point No.1 partly in affirmative.

11. POINT NO.2:- In the result, for the forgoing reasons,  we passed the following:

                                     ORDER

1. The complaint filed by the Complainant U/s35 of the Consumer Protection Act, 2019 is hereby allowed in part.
2. The OP is directed to pay a sum of Rs.25,000/- towardscompensation  of deficiency  to the complainant along with 6%p.a. interest from the date filing complaint.
3. OP is also directed to pay Rs.5,000/- towards  pain and suffering together with cost of litigation of Rs.5,000/- to the complainant

4. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 31^stMay 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)         (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                  MEMBER

Witness examined on behalf of the complainant by way of affidavit:Smt.Manisha Sharma

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit:Nil

Documents produced by the OP:Nil

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*