IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 16th day of December, 2021
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member,
Sri. K.M. Anto, Member
C C No. 68/2021(filed on 26-03-2021)
Petitioner : Harisankar R.,
S/o Rajeev Lal G.,
Parvathy Bhavan,
Poovanthuruth P.O.,
Panachikkadu Village, Kottayam.
(Adv.Akash K.R.)
Vs.
Opposite party : M/s Air Asia India Ltd.
Kempagowda International Airport,
Ground Floor, Alfa 3,
Building, Devanahalli, Bangaluru,
Karnataka-560300.
O R D E R
Smt. Bindhu R. Member
The complaint is filed u/s 35 of the Consumer Protection Act 2019.
The complainant booked four tickets from the opposite party on 02.01.21 for the complainant and his sister to travel from Kochi to New Delhi and another four tickets for return. The complainant’s sister Dr. Sreedevi R. had to attend the Combined Medical Service Examination which was conducted on 05.02.21 in New Delhi by the Union Public Service Commission, New Delhi. The opposite party issued a travel itinerary and as per that the flight booked by the complainant was scheduled to depart from Kochi on 04.02.21 at 7.45 a.m. and to arrive at Bangluru at 8.45 a.m. From there they had to board a connection flight which would depart at 11.25 a.m. and would arrive at New Delhi at 2.20 p.m. on the same day. The return flight would depart from New Delhi on 09.02.21 at 8.15 p.m. and would arrive at Bangluru at 11.25 p.m. from there a connection flight was chartered with a departure time 5.45 a.m. on 10.02.21 to Kochi and the same would arrive there at 6.55 a.m. The complainant paid Rs.44,360/- to the opposite party towards the ticket charges.
On 30.01.21 an email was sent by the opposite party to the petitioner stating that Air-Asia Flight 15-1452 scheduled to depart from Kochi to Bangluru on 04.02.21 had been rescheduled on account of Aero India 2021. As per the rescheduled flight, time of the flight no.15-1452 was chartered to depart on 04.02.21 at 6.40 a.m. from Kochi and would arrive at Bangluru at 7.40 a.m. The connection flight to New Delhi ie, Air-Asia Flight 15-1452 was scheduled to depart from Bangluru at 7.30am on 04.02.21.
Due to this rescheduling the complainant and his sister was put to trouble that the flight would arrive at Bangluru at 7.40 a.m. and the connection flight was to depart at the same time from Bangluru. So the passengers including the complainant and his sister could not make the boarding to the connecting flight after the procedures including security check up. The complainant immediately informed the opposite party through whatsapp that it was difficult for them to travel in this rescheduled time. The opposite party intimated the complainant that they would refund the entire ticket charges to the complainant. But contrary to that they intimated through whatsapp that the complainant’s case status is closed. They had not refunded the amount so far.
Due to the said rescheduling of the flight the complainant had to book tickets from air India for a higher price and he had to rechart their entire programme and the change of plan brought much mental agony to his sister who was preparing for her anticipated exam. The act of the opposite party of rescheduling the flight in an ut-most impracticable way and not refunding the ticket charges amounts to deficiency in service and unfair trade practice causing hardships and mental agony to the complainant which is to be compensated. Hence the complaint is filed.
Though notice was served from the opposite party they did not care to appear or filed version. Hence the opposite party was set ex-parte.
The complainant adduced evidence by way of poof affidavit along with Ext.A1 to A7.
After a thoughtful evaluation of the complaint and evidence on record we find that the points to be considered are that whether the complainant has established the alleged deficiency in service and unfair trade practice on the side of opposite party and if so what are the reliefs.
The complaint is filed for compensation against the opposite party to compensate the financial loss and mental agony happened to the complainant and his sister by rescheduling of the flight booked by the complainant.
Ext.A1 is the travel itinerary which shows that the complainant and his sister had booked tickets with the opposite party to travel from Kochi at 7.45am on 04.02.21 to Bangluru with an arrival time for 8.45. After two hours of layover in Bangluru next flight is showing a departure time 11.25 which arrive at New Delhi at 14.20. The return flight also is shown as on 09.02.21 at 20.15 from New Delhi and reach Bangluru at 23.00 and after 6 hours 45 minutes in Bangluru and at 5.45am on the next day to Kochi. For booking of these tickets the complainant had paid Rs.44,360/- all together on 02.01.21.
The complainant had planned a trip from Kochi to Delhi for assisting his sister to appear for the Combined Medical Service Examination conducted by Union Public Service Commission on 05.02.21. The complainant made the booking as preplanned as to reach New Delhi the day before the exam to keep themselves comfortably.
Thereafter the opposite party rescheduled the time of the flight no.15-1452 as per Ext.A3 to 6.40 as the departure time from Kochi and 7.40 as the arrival time at Bangluru. The connection flight from Bangluru was at 11.25 as per the previous schedule. But this was changed to 7.40 as the departure time and the arrival at New Delhi as 10.15. The allegation of the complainant is that if he had to board the connection flight at 7.40 a.m. he had to reach before that for completing the security check up etc. As the arrival of flight no.15-1452 and the departure of flight no.15-741 are the same the complainant and his sister could not board on the second flight.
The complainant had stated that the opposite party had rescheduled the flight due to the reason of airshow namely ‘Aero India 2021’ which was to be held in Bangluru in that February. According to the complainant the said air show was published early in April 30th 2020. Almost one year before the day of booking of the flight tickets by the complainant. We see that the rescheduling made by the opposite party because of the air show, is not justifiable as the show was declared 10 months before the date of booking of the tickets by the complainant. So the opposite party had got ample time for making arrangements regarding the schedule of the flights. The opposite party was bound to inform the complainant at the time of booking itself that there would be the change in the schedule. But the opposite party was silent at the time of booking of tickets and thereafter in the conversation between the complainant and the opposite party, as per Ext.A5 is seen the opposite party had conformed the rescheduling and offered the refund of the full amount of the tickets. Though the opposite party has assured to refund the full amount within 12 to 16 weeks, they have not refunded the amount yet.
The complainant had booked air tickets with the opposite party from Kochi to New Delhi in order to facilitate his journey in a comfortable style with an intension to reach Delhi on the day before the date of exam which would keep his sister tension free.
The opposite party herein has offered their service to make the trip of the complainant on 04.02.2021 itself, though they had prior knowledge of the air show in Bangluru. So the one sided and hasty movement for rescheduling the flight by the opposite party causing inconvenience to the passengers is a short coming in the nature of the service offered by them.
Even if the opposite party had to reschedule the flight timing because of the air show or some other reasons they ought to have considered the convenience of the passengers also. From Ext.A5 it is seen that opposite party had not indented to schedule the same flight from Kochi to New Delhi via Bangluru. The executive informed the complainant that he would be unable to board on the connection flight. The sister of the complainant had to appear for a national exam on 05.02.21 and due to the rescheduling of the flight by the opposite party the complainant had to book another ticket with Aero India on 03.02.21 from Kochi to Delhi by paying Rs.32,382/-.
So this can be seen as gross negligence and deficiency in service on the part of the opposite party. The complainant and his sister had to suffer both mental and financial hardships due to this act. So we find that the opposite party is liable to compensate for the same. Thus the complaint is allowed.
- The opposite party is directed to refund the complainant’s ticket amount Rs.44,360/- along with an interest at the rate of 9% p.a. from the date of complaint till realization.
- The opposite party is directed to pay Rs.30,000/- as compensation to the complainant
- The opposite party is directed to pay Rs.3,500/- as litigation cost
The order shall be complied within 30 days from the date of receipt of order. If not complied as directed, the amounts will carry 9% interest from the date of order till realization.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Commission on this the 16th day of December, 2021.
Smt. Bindhu R. Member Sd/-
Sri. Manulal V.S. President Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1- Travel itinerary dated 02.01.21 issued by the opposite party
A2- Payment details issued by the opposite party dated 02.01.21
A3- Travel itinerary dated 02.01.21 issued on 30.01.21
A4- Print out of the e-mail dated 30.01.21.
A5- Print out of the whatsapp chats between the complainant and officials
A6- E-ticket itinerary / receipt issued from Air India dated 31.01.21
A7- Print out of news dated 30.04.20
Exhibits marked from the side of opposite party
Nil
- By Order
Senior Superintendent
