Tamil Nadu

South Chennai

CC/408/2017

M. Abdul Rzack - Complainant(s)

Versus

The Manager, Saudi Arabian Airlines. - Opp.Party(s)

Mr. A Palaniappan

12 Jul 2022

ORDER

Date of Complaint Filed : 24.11.2017

Date of Reservation      : 04.07.2022

Date of Order               : 12.07.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

 

CONSUMER COMPLAINT No. 408/2017

TUESDAY, THE 12^th DAY OF JULY 2022

Mr.M.Abdul Razack,

No.119, AVM Avenue, VI Street,

Virugambakkam,

Chennai – 92.                                                                                                                                                                    ... Complainant                  

 

..Vs..

1.The Manager,

   Saudi Arabian Airlines,

   No.7, Century Plaza,

   No.560/562, Annasalai,

   Teynampet, Chennai – 600 018.

 

2.The Manager,

   Indo Saudi Services Pvt Ltd(GSA),

   Saudi Arabian Airlines,

   No.14, Raheja, Ground Floor,

   Free Press Journal Road,

   NarimanPoint,

   Mumbai-400 021.                                                                                                                                                    …Opposite Parties

                                                                                                                                    

 

******

Counsel for the Complainant             : M/s. A.Palaniappan

Counsel for the Opposite Parties        : Exparte

 

        On perusal of records and after having heard the oral arguments of the Complainant, we delivered the following:

 

ORDER

Pronounced by the Member-I, Thiru. T.R.Sivakumhar, B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to issue return ticket from Chennai to Jeddah and Jeddah to Geneva and to pay Rs.1,50,000/- towards mental agony and damages and to pay Rs.1,00,000/- towards deficiency in service along with cost of Rs.5,000/-.

6.     The averments of Complaint in brief are as follows:-

The Complainant is a senior citizen aged 69 years and an official of the United Nations High Commissioner for Human Rights, and residing at Geneva Switzerland. The Complainant and his wife who were induced by the opposite partes through their advertisements approached them for travel in their airlines from Geneva to Chennai via Bombay. He alongwith with his wife who is aged 59 years planned to travel to India and booked tickets through the opposite parties airlines by paying by way of Swiss Francs to the tune of 1,584.90 on 22.03.2016. The Complainant is a frequent traveller with the Opposite Party Airlines, due to which they were issued a loyalty card under Alfursan SV 70495880. Accordingly, Complainant got confirmed air tickets from Geneva to Jeddah & Jeddah to Bombay on 30th May 2016 and returning back to Geneva from Chennai to Jeddah & Jeddah to Geneva on 2^nd October 2016 with PNR 278 WIW and ticket numbers of him & his wife are ETKTS 0652400210189 - 90 & 06524002110191-92. They travelled to India and reached Chennai as per the schedule and planned to return on 02.10.2016. Accidentally in the second week of September 2016 Complainant fell sick and unable to travel as per the schedule , on 15.09.2016 he immediately contacted the 1^st Opposite Party supervisor Ms.Lakshmi to reschedule the tickets. But on that day the Complainant was unable to fix the date of travel as he is not feeling well and may not be able to travel immediately , considering that the supervisor informed that she can arrange for an open ticket for a tentative travel on February 2017, once the travel date is fixed the Complainant has to pay the difference if the same class is not available. After gaining health he approached the 1^st Opposite Party on 03.03.2017 and informed them that he is planning to travel in April 2017. But to his surprise 1^st Opposite Party staff Ms.Deepika replied that they are unable to open or retrieve the PNR 278 WIW for rebooking the ticket. She assured that she will look into the matter and get instructions from the head office. The 1^st Opposite Party requested the Airlines office at Jeddah to open the PNR, since there is no reply from Saudi HeadQuarters they are unable to give proper answer to the Complainant even after the frequent follow up over phone and in person. On 13.03.2017 at 1^st Opposite Party office Complainant met Mr.Aman & Mr.Shahu to reveal the ordeals he underwent for changing the date of travel and also he came to know that Ms.Lakshmi got retired, Office staff sent an email to Saudi Jeddah office to open the E Ticket. Through the 1st first party on 14.3.2017 Complainant sent a communication along with the booking reference and electronic tickets to the Opposite Party office at Jeddah. The Complainant and his wife being a senior citizen were unable to travel back to Geneva without a proper travel plan and rescheduling of tickets even after repeatedly contacting over phone and in person and also sending reminder mails to the opposite parties on these dates 28.03.2017,11.05.2017,24.05.2017 respectively. Hence the Complaint.  

2.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-7  were marked.   

3.    The Opposite Parties did not appear  before this Commission even after sufficient notice to them. Hence the Opposite Parties were set exparte .

Points for Consideration:-

1. Whether there is Unfair trade practice and deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No 1 :-

        On perusal of EX.A-1 it is an undisputed fact that on 22.03.2016 the Complainant booked tickets with the Opposite Parties from Geneva to Chennai via Bombay on 30.05.2016 and return journey on 02.10.2016 from Chennai to Geneva at cost of Rs.1,10,950 by way of Swiss Francs to the tune of 1,584.90 and was confirmed with PNR 278 WIW and ticket numbers of the Complainant  & his wife are ETKTS 0652400210189 - 90 & 06524002110191 - 92 , respectively and the Opposite Parties had also issued a loyalty card to the Complainant under Alfursan SV – 70495880 being a regular traveller. The Complainant and his wife travelled to India and reached Chennai. As the Complainant fell sick in the 2^nd week of September 2016 due to which he was unable to travel as scheduled. When the Complainant contacted 1^st Opposite Party Airlines on 15.09.2016 and explained his uncertaininity of return travel due to his health condition and requested for change in return tickets schedule, since the Complainant was assured by the 1^st Opposite Party Supervisor to issue an open ticket after confirming the dates for a tentative travel during February 2017, and advised to pay the difference if the same class is not available.  On 03.03.2017 the Complainant approached the 1^st Opposite Party and informed them that he was willing to travel in the month of April 2017. To the Complainant's surprise the PNR 278 WIW was unable to retrieve the ticket to rebook even after the frequent follow ups with the Opposite Parties. Thereafter the Complainant had sent a detailed mail on 14.03.2017 to Saudi Jeddah office about the happenings and requested them to open the E-ticket along with the booking reference and electronic tickets, as found in Ex.A-2. Subsequently the Complainant had sent many reminders to the Opposite Parties to unblock his PNR and his issues were not redressed, as found in Ex.A-3, Ex.A-4 and Ex.A-5, being the Emails dated 28.03.2017, 11.05.2017 and 24.05.2017, respectively. But to his dismay the opposite parties did not respond or address the issue by Unlocking the said PNR, as a result the Complainant was unable to travel back to Geneva and their travel plans are rescheduled again and again without any solace.  

On careful reading of the Complainant and the documents marked as Exhibits before this Commission, it is clear that the Opposite Parties by not arranging for the return ticket as assured by them, inspite of the constant follow up made by the Complainant and by unblocking the PNR of the Complainant in spite of the open ticket assured to the Complainant acted negligently, this Commission holds that the negligent act of the Opposite Parties amounts to unfair trade practice and  deficiency in service.  Hence this Commission is of the considered view that the Opposite Parties had committed unfair trade practice and deficiency in service. Accordingly point No.1 is answered.  

Point No.2 and 3 :-

As discussed and decided Point No.1, the opposite parties 1 and 2 are liable to pay a sum of Rs.55,475/- being the return flight charges from Chennai to Jeddah and Jeddah to Geneva and to pay a sum of Rs.25,000/- towards compensation for deficiency in service, unfair trade practice and for the mental agony caused to the Complainant along with the cost of Rs.3000/-. Accordingly, points No 2 & 3 are answered.

 

In the result, the Complaint is allowed in part. The Opposite Parties 1 and 2 are jointly and severally directed to pay a sum of Rs.55,475/-(Rupees Fifty Five Thousand Four Hundred and Seventy Five Only) being the return Flight ticket charges from Chennai to Jeddah and Jeddah to Geneva, to the Complainant and to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards  deficiency of service and mental agony caused to the Complainant and also to pay a sum of Rs.3000/- (Rupees Three Thousand Only) towards cost of this complaint to the Complainant, within 8 weeks from the date of the order, failing which, the Complainant is entitled to recover the above amounts together with interest at the rate of 6% per annum from the date of the order till the date of realization.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 12^th of July 2022.  

 

 

S. NANDAGOPALAN                                                                T.R. SIVAKUMHAR                                                         B.JIJAA

         MEMBER II                                                                              MEMBER I                                                            PRESIDENT

 

 List of documents filed on the side of the Complainant:-

 

Ex.A1	-	Ticket issued by the Opposite Parties
Ex.A2	14.03.2017	Letter sent by the Complainant to the Opposite Party along with the Electronic tickets details.
Ex.A3	28.03.2017	E mail sent by the Complainant to the Opposite Party
Ex.A4	11.05.2017	E mail sent by the Complainant
Ex.A5	24.05.2017	Reminder mail sent by the Complainant
Ex.A6	17.08.2017	Legal notice sent to the opposite parties through registered post.
Ex.A7	22.08.2017	Reply communications issued by the Opposite Party

 

List of documents filed on the side of the Opposite Parties:-

 

NIL

 

 

 

S. NANDAGOPALAN                                                       T.R. SIVAKUMHAR                                                                B.JIJAA

         MEMBER II                                                                     MEMBER I                                                                    PRESIDENT