DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 27^th day of April, 2023

Present : Sri.Vinay Menon V., President

             : Smt.Vidya A., Member                       

             : Sri.Krishnankutty N.K., Member         Date of filing: 12/12/2022   

CC/246/2022

    Nirmala.K.M

    W/o Jayarajan, 25/47, Green Park Villas

    Near Chirakkad Siva Temple

    Kunnathoor Medu

Palakkad – 678 013                                                  -         Complainant

(By Adv. K.P.Ramadasan)                           

V/s

    Air Asia India

    4^th Floor, RMZ. Galleriya Commercial Block

    Yelahenka

Banglore – 560 064                                                  -         Opposite party

(Ex-parte)

O R D E R

By Smt. Vidya.A, Member

1.  Pleadings of the complainant in brief

      Complainant was on pilgrimage to Sreenagar and she booked return ticket from Sreenagar in Kashmir to Karippoor in Kerala through the opposite party on 06/11/2022.  The flight was scheduled to depart form Sreenagar at 01:35 P.M.  On 06/11/2022, flight from Sreenagar to Delhi was cancelled and consequentially the trip from Delhi was also cancelled.  Eventhough the opposite party promised to arrange ticket on the next day, they failed to do and the complainant was forced to avail ticket in another airline on 7^th evening.  She reached Delhi on 08/11/2022 and on 8^th evening, the complainant travelled from Delhi to Coimbatore and incurred an additional expense of Rs. 20,492/- Due to the failure on the part of the opposite party to make necessary alternative arrangements, complainant was held in airport for two days.  They failed to provide food and accommodation and the complainant was forced to spend two nights in unbearable cold in open airport and this affected her health.  The failure on the part of the opposite party to make alternative arrangements for ticket, food and accommodation amounts to deficiency in service.  The opposite party is bound to reimburse the travel expenses and to pay compensation of Rs. 75,000/- for the damages suffered by her.  She filed this complaint claiming a total amount of Rs. 95,500/- from the opposite party.   

2.   Notice was served on opposite party.  But they did not appear or file version and they were set ex-parte.

3.   Complainant filed proof affidavit and Exts. A1 & A2 marked.  Evidence closed and heard the complainant.

4.   We have perused the affidavit and documents produced by the complainant.  Ext. A1 is the copy of the Boarding pass issued by Air Asia (opposite party) to the complainant dated 06/11/2022 from Srinagar to New Delhi and in this, the departure time is shown as 13:35 hrs.

5.   Complainant’s grievance is that the opposite party cancelled the flight from Srinagar to New Delhi for the reason known to them and consequently the trip from New Delhi was also cancelled.  Even though they promised to arrange ticket on the next day, they did not provide.  Further they failed to provide food and accommodation and the complainant had to spend two nights in the airport.       

6.   The complainant’s contention is that she was forced to avail ticket from another airline on 7^th evening and reached New Delhi on 08/11/2022.  On 8^th evening she travelled from New Delhi to Coimbatore.  For that he spent an amount of Rs. 20,492/-  The complainant produced the boarding pass issued by IndiGo Airlines dated 07/11/2022 from Srinagar to New Delhi and New Delhi to Chennai, Chennai to Coimbatore which is marked as Ext. A2. 

7.   So the complainant had proved a prima facie case that the opposite party cancelled the flight at the last moment and failed to provide alternate arrangement and this made her to book ticket with another Airline.  This would have definitely caused mental agony to the complainant and financial loss in arranging another ticket.  The opposite party is bound to compensate the complainant for their deficiency in service and for the mental agony and financial loss suffered by the complainant. 

      In the result, the complaint is allowed.

      We direct the opposite party

1. To pay Rs. 25,000/- as compensation for their deficiency in service
2. Rs. 20,000/- for the mental agony and financial loss suffered by the complainant and
3. Rs. 10,000/- as cost of the litigation.

The opposite party shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 500/- per month or part thereof until the date of payment in full and final settlement of this order.

Pronounced in open court on this the 27^th day of April, 2023.

                                                                                            Sd/-

                                                                                    Vinay Menon V

                                                                               President                                              

                                                        Sd/-

              Vidya.A

                             Member   

                                                                                              Sd/-

                                                                                  Krishnankutty N.K.

                                                                                           Member

APPENDIX

Documents marked from the side of the complainant:

Ext. A1: Boarding pass issued by Air Asia dated 06/11/2022.

Ext. A2: Boarding pass issued by IndiGo Airlines dated 07/11/2022

Documents marked from the side of opposite parties: Nil

Witness examined from the complainant’s side: Nil

Witness examined from the opposite parties side: Nil

Cost- Rs. 10,000/-

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.