OFFICE  OF  THE  DISTRICT  CONSUMER  DISPUTES  REDRESSAL FORUM, KAMRUP,GUWAHATI        

C.C.102/13

Present:-

                             1)Md.Sahadat Hussain, A.J.S.  -   President

                             2)Sri U.N.Deka                         -   Member

          Shri Chirantan Bhuyan                              -     Complainant

          S/O Shri Parimal Bhuyan

          Silpukhuri. Guwahati -3

                    -vs-

1)      AirAsia Airlines                                        -     Opp.parties

         Represented by its Managing Director,

         Hind Air Star Ltd.

          New Delhi110001.

2)      MakeMy Trip India Pvt.Ltd.

           Represented by its Managing Director,

          Regional office at Pushpanjali Complex

          Near Rajiv Bhawan,ABC, G.S.Road,

          Guwahati-5,Kamrup(M) Assam

Appearance-        

 Learned advocate for the complainant-    Mr.Dipjyoti Deka       

 Learned advocate for the Opp.Party   -    None appeared

             Date of argument-         1.3.2016

                         Date of judgement-        22.3.2016                                             

Judgment

This is a complaint u/s 12 of the Consumer Protection Act, 1986.

1.       The complaint filed by Sri Chirantan Bhuyan, was admitted on 9.10.13 and notices were issued to the opp.parties namely 1) AirAsia Airlines 2)MakeMy Trip India Pvt.Ltd. and notices were served on both sides parites , but this proceeding is directed to go on exparte against Opp.Party No.1 having vide this forum’s order dtd.22.1.14. Opp.Party No.2 after appearing in this proceeding has not filed written statement although they were given several adjournments and accordingly the case against Opp.Parties also proceed on exparte vide this forum order dtd. 16.2.16. The complainant filed affidavit on 13.11.15 and thereafter the complainant side learned advocate Mr.Dipjyoti Deka filed written argument on 1.3.16 and also forwarded his oral argument . Accordingly, we fixed the date of 9.3.16 for delivery of judgment. But on that day we failed to deliver the judgment  due to overworks and delivery of judgment deferred to 22^nd March,16 and today we deliver the judgment which is as below-
2.      The gist of the pleading of the complainant is that Opp.Party No.1, AirAsia Airlines is leading private Airline operating in India and Opp.Party No.2 Make My Trip India Pvt.Ltd, G.S.Road,Ghty-5 is the Ticket Booking Portal. The complainant on 31.7.13 boarded a flight from Guwahati to Calcutta and from Calcutta he had to fly to Bangkok,Thialand on the same day and he booked his return ticket from Bangkok to Guwahati via Calcutta through Opp.Party No.2 on 4.6.2013. The flight of the return journey is  AirAsia Flight No.FD 2671 and the date of journey is 9^th August at 11 hour, departure time from Bangkok at 11 hour and arrived at Calcutta was 12:10 hours of the said day of which the booking ID is NN 230185758388 and journey from Calcutta to Guwahati by Jet Air S2-3482 of which departure from Calcutta was 9 August 16:50 hours and arrival at Guwahati at 18:15 hours and booking ID No. NF 2201526784233.Accordingly, on 9.8.2013 the complainant reached Don Muang Airport (Bangkok,Thailand) to board to AirAsia Flight to Calcutta and while he waited to the counter of Opp.Party No.1 at the said airport to board the flight for journey from Bangkok to Calcutta he was informed that the said flight left Bangkok for Calcutta at 00:05 a.m. (9.8.13) and he came to know that AirAsia Flight from Bangkok to Calcutta have been re-scheduled w.e.f. 15^th July 2013, but he had no knowledge to re-scheduling of the flight and he being stunned and helpless, contact Opp.Party No.1, once again, and their staff offered to refund him the entire amount of the flight No. FD-2670 which had already left being Rs. 4,381/- only and their staff told him that it is the responsibility of Opp.Party No.2 to inform him about the re-scheduling of the flight and also to refund the charge of the ticket. He has prior engagement fixed at his home town, Guwahati as he was to leave for Ireland and after arrivingat Guwahatiand he then purchased a ticket to India for 11^th August,2013 i.e. after two days of the said scheduled flight and difficult to stay two days in the hoteluntil 10.8.13 and thereby incurred additional cost of travelling and staying in the hotel and that also jeopardizing his prior engagement too. Before leaving for Ireland all these acts of negligence on the part of the opp.parties, he has to suffer from mental agony and physical stress. On 11.8.2013 he intimated Opp.Party No.2 about his disastrous experience and asked them adequately compensate him for loss he suffered due to negligence on their part. Opp.Party No.2 responded his complaint and informed him that they had no update about rescheduling of the loaded flight of Opp.Party No.1 and thereafter one Kajal Devi of Opp.Party No.2 again on 19.8.13 asked him to share the details of the new ticket purchased so as to find out a solution , but after 19^th August ,2013 Opp.Party No.2 also stopped reply to mail and then he sent a notice to Opp.Party No.2 on 20.8.2013 asking them to take step to ensure redressal of his grievance  and asked them to pay them Rs.1,50,000/- as compensation for causing harassment to him, but they paid no heed to his notice. The complainant prays for compensation of a sum of Rs.1,50,000/- forhaving failed to intimate him to release re-scheduling of the said flight with an interest @ 18% per annum to be calculated from 9.8.2013 and also to refund the entire amount incurred for the intimating him about re-scheduling.
3.       We have perused  the affidavit filed by one Sri Parimal Bhuyan who is the father of the complainant. We have perused the argument of the counsel of the complainant namely Mr.Dibyajyoti Deka. From evidence it appears to us that the complainant went to Bangkok from Guwahati via Calcutta on 31.7.2013 and his return ticket booked for 9.8.2013 which   he purchased from MakeMy Trip India Pvt.Ltd, Ghty, Opp.Party No.2 and Exhibit 3 is the said ticket. After perusing Ex.3 it is found that the scheduled journey from Bangkok was on dtd.9.8.2013 on 11 hours. In AirAsia Airlines flight No. FD 2671 and it is a confirmed ticket and through that ticket, the complainant was to fly from Bangkok to Kolkata which was to arrive Calcutta on 9.8.2013 at 12-10 hours. From Ex.3, it is seen that the complainant purchased another ticket from MakeMy Trip (Opp.Party NO.2) for travelling from  Kolkata to Guwahati on 9.8.2013 in Jet Airline flight No. 52-3482 of which departure time was 16-50 hour and arrival at Guwahati on the same day at 18-15 hour and, both the tickets were confirmed tickets. As per scheduled journey the complainant arrived Bangkok DMK Airport on 9.8.13 to fly from the said air port to Calcutta at 11 A.M., So as to get the connecting flight (S2-3482 Jet Airline) to travel from Calcutta to Guwahati at 16-50 hour(4-50 p.m.) and that flight was to arrive Guwahati at 6-15 p.m., but to his surprise, he was reported by the staff of Air Asia Flight that the scheduled flight had already left for Calcutta at 5 a.m. of that day, and in the result he failed to fly to Calcutta on that day to catch the flight from Calcutta to Guwahati which was scheduled on the same day at 4-30 p.m., and he found that the flight from Bangkok to Calcutta have been  rescheduled w.e.f. 15.7.13, but he was not informed about that re-scheduling. It is also found that he requested the staff of Opp.Party No.1 to refund the value of the ticket i.e. Rs.4,381/- of flight No. FD/2671 and the latter informed him that refund can be done only if the Opp.Party No.2 applies on his behalf. It is also found that for such activities on the part of Opp.Party No.1, the complainant had to stay at Bangkok for two days at his own cost and fly on 11.8.2013 i.e. after two days of the scheduled flight by purchasing ticket paying Rs.4660/-. From evidence it is seen that the flight No. FD-2671 of Air Asia in which the complainant was to fly from Bangkok to Kolkata on 9.8.2013 at 11 a.m. had left Bangkok Airport at 5 a.m. on the same day after re-schedulingof the time of the flight, but about re-scheduling the time of the flight , the complainant was not informed by the authority of Air Asia and that is why he had arrived Bangkok Airport on 9^th August to board the said flight which had earlier been scheduled to take off at 11 a.m. and he failed to fly in the said flight having it had already left for Kolkata at 5 p.m. before scheduled time. Thus, it is seen that without making the complainant aware of the fact of re-scheduling of the flight from 11 a.m. to 5 a.m. the said flight was allowed to takes off Bangkok Airport to fly to Kolkata Airport. Thus, it is a clear case of deficiency of service towards the complainant on the part of Air Asia Authority and the agent i.e. the opp.parties . Secondly, it is found that while the complainant failed toset out the journey on the said flight the staff of opp.party have not arranged for accommodation of the complainant in the next flight to Kolkata, nor issued any ticket to him for the next flight to Kolkata, and being compelled, the complainant had to fly to Kolkata on 11^th August by purchasing ticket in flight No. 6 E 78 of Indigo Air Service to travel from Bangkok to Kolkata on 11^th August at 1.02 p.m. and thereby he had to pay Rs.4660/- as a charge of the ticket from his pocket and he also travelled from Kolkata to Guwahati on 11.8.13. But the complainant side has not exhibited the ticket he purchased for his journey from Kolkata to Guwahati on 11.8.13. In such situation, we must take-up the general fare of the flight in economy class from Kolkata to Guwahati and that may be around Rs.4,000/-. Thus, it is clear that the complainant had to spend Rs.8,660/-to fly from Bangkok to Guwahati via Kolkata. After arriving at Guwahati the complainant vide E-mail dtd.11.8.13 intimated Opp.Party No.2 about such deficiency of service and one Ms. Kajal Devi of Opp.Party No.2 replied that they have no knowledge about the re-scheduling of the said flight; and thereby on 20.8.13 the complainant issued notice against Opp.Party No.2 to redressal of his grievance , but they paid no heed to the notice , nor Opp.Party No.1 took step for redressal his grievance. It is already found that the Air-Asia Flight No. FD-2671 which was originally scheduled to leave Bangkok on 11 hours on 9.8.13 for Kolkata , but it left Bangkok airport on the same day 6 hours before the scheduled time to take off without informing the complainant leaving him at Bangkok. So, it is a clear case of deficiency of service on the part of the opp.parties towards the complainant and for such deficiencyof service, the opp.parties are liable to compensate the expenditure made by the complainant for his over-stay at Bangkok and the flight charge returning to Guwahati in another flight. It is already found that the complainant was compelled to stay at hotel at Bangkok for two days for picking flight from Bangkok to Kolkata on 11.8.2013 and he spent Rs.2147 + Rs.2147 = Rs.4294/- in hotel Tai-pan in Bangkok (Ex-6). Moreover, he had to spend for his food in two days over-stay at Bangkok and that may be rupees not less than Rs.2,000/-. All these amounts are to be paid by the Opp.Party No.1.
4.      The Opp.Party No.1 by their act of re-scheduling the flight 6 hours backward without informing the complainant and the flight left Bangkok leaving the complainant in Bangkok caused mental agony and harassment to him. Thereby, the opp.party is liable to pay at least Rs.20,000/- as compensation for putting the complainant in mental agony and causing harassment to him. The very act of Opp.Party No.1 also caused financial loss the complainant to some extent because immediately after arriving Guwahati he had to fly to Ireland, and for the over-stay at Bangkok caused delay his journey to Ireland and thereby he suffered professional loss to some extent, for which at least Rs.10,000/- must to paid by Opp.Party No.1 to the complainant in the head of professional loss.
5.       In this case, for no fault of him, the complainant had to prosecuted the opp.parties  by paying the fee to the counsels and also spending certain amount in his conveyance to this forum in different dates. So, the Opp.Party No.1 side is liable to pay at least Rs.10,000/-to the complainant as cost of the proceeding .
6.       Because of what has been discussed above, the complaint against Opp.Party No.1, namely Air Asia Air line, Narain Manzil, 21, Barakhumba Road, New Delhi is allowed on exparte, and they are directed to pay Rs.8,660/- which he had to pay as flight charge from Bangkok to Guwahati, and also to pay Rs.2,147 + Rs.2,147= Rs.4,294/- which he had to spend for two days over- stay in the hotel at Bangkok, and Rs.20,000/- for putting him in mental agony causing harassment to him and Rs.10,000/- for causing professional loss to him as well as Rs.10,000/- for cost of the proceeding in total Rs.52,954/- they are directed to pay the said amount within two months in default, it shall carry interest @ 12 % per annum.

Given under our hands and seal of this forum on this day 22^nd  March, 2016.

Free copies of judgment be delivered to the parties.

     (Md.S.Hussain)

           President

                       (Mr.U.N.Deka)

                Member