Delhi

South Delhi

CC/246/2018

KRISHAN KUMAR SINGLA - Complainant(s)

Versus

AIR INDIA LIMITED AIRLINES - Opp.Party(s)

19 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi- 110016

 

Case No. 246/2018

1.     Krishan Kumar Singla

S/o Sh. Chet Ram Singla

Resident of H. No.274,

Ajit Nagar, Patiala, Punjab

 

2.     Neelam Singla

W/o Sh. Krishan Kumar

Singla Resident of H. No.274,

Ajit Nagar, Patiala, Punjab.

 

….Complainants

Versus

 

Air India Limited Airlines

House, 113, Gurudwara

Rakabganj Sahib Road,

New Delhi through its

Managing Director

        ….Opposite Party

    

 Date of Institution    :  23.08.2018     

 Date of Order            :  19.01.2023     

Coram:

Ms. Monika A Srivastava, President

Ms. Kiran Kaushal, Member

Sh. U.K. Tyagi, Member

ORDER

 

Member: Ms. Kiran Kaushal

 

1.       Facts of the case as pleaded by the Complainant are that the complainant booked two air tickets online for himself and his wife from Air India Ltd., hereinafter referred to as OP.

 

2.      The complainant was to travel to US and being a Tax Lawyer had planned his trip so as to reach back to India before the last date for filing the GST returns. The travelling schedule of the complainant was that on 21.12.2017 he was to travel from Delhi to Francisco then from San Francisco to Boston, Boston to New York and the last leg of journey was from New York to Delhi on 07.01.2018.

 

3.      Complainant’s journey from New York to Delhi on 07.01.2018 was not satisfactory. It is stated that due to heavy snow fall the weather at Boston/New York was bad, therefore before departing from Boston the complainants checked the website of OP to know the flight’s status and the same showing departure re-scheduled/delayed/cancellation. It is further mentioned that prior to boarding the flight at Boston Airport, complainant  checked in  his luggage (4 pieces) which was supposed to be handed over to the Complainant at New Delhi Airport directly as the complainant was travelling by a connected flight from New York to New Delhi on the same day i.e 07.0.2018.

 

4.      It is stated that at about 1400 hours it was announced that the flight which was to departed 1425 hours has been cancelled due to unknown reasons. There was no communication from OP as to when can they fly next to Delhi besides there was no facility of refreshment/meals by OP at the New York Airport. It is next stated that even after 1700 hours in the evening on 07.01.2018, OP had not made any arrangement for stay of complainants at New York as the flight was cancelled. Since the complainants were returning back from the tour they were short of money due to which it became very difficult for them to survive at the Airport.

 

5.      Complainants upon asking the airlines staff was informed that the flight to Delhi was rescheduled on 10.01.2018 but since the complainants could not afford to stay at New York for another three days, they requested for an early flight or to provide free boarding and lodging near the airport till their departure but no heed was paid to their requests. Complainant further requested OP to at least hand over their luggage, which they had got checked-in at Boston Airport but the same fell on deaf ears. Complainant and his wife had no clothes to wear for the next three days and it became very difficult for them to survive in foreign country's inclement weather. As the complainants did not have any place to live in the said chilling and record breaking weather of -32 degree centigrade Complainant contacted one of their relatives in India and went to stay with someone at Lexington, MA. The complainant had to travel to Lexington, MA which is about 200 miles from New York, he had to book an Uber Taxi and paid hefty fair of 456.43 $ (Rs.28,878/-) and paid an amount of 326.10 $ (Rs.20,792) from Lexington MA to New York on 10.01.2018. It is next submitted that complainant had spent around 2700 $ for buying clothes, inner wears, food and other essential daily need products for themselves from 7.01.2018 till 10.01.2018.

 

6.      It is stated that this was grave deficiency in service of OP and the complainant and his wife who were 60 years plus had to go through mental agony and harassment at New York Airport as OP failed to provide  basic amenities and even the luggage of the complainant was not provided. Thus aggrieved, complainant approached this Commission for directions to OP to pay sum of Rs.1,70,829/- (2700 $) paid by the complainant on food, clothes and other necessary daily products and to pay Rs.49,670/- for the to and fro taxi charges from Lexington.

 

7.      Additionally,  it is prayed that complainant be paid Rs.5,00,000/- towards loss of professional income and Rs.5,00,000/- for harassment due to agony, anguish in arranging the accommodation , food, clothing and money during 07.01.2018 to 10.01.2018 alongwith  Rs.55,000/- towards cost of litigation.

 

8.      OP resisted the complaint stating interalia that complainant’s flight from New York to Delhi (AI-102) scheduled  to depart from New York on 07.01.2018 was cancelled  due to reasons beyond the control of OP. It is stated that due to the impact of snow storm (Grayson) notice was issued at JFK Airport for suspension of its various services due to which many flights were either cancelled or delayed. All the passengers reporting at the airport were promptly informed about the cancellation of flight and were given the option of refund or booking of the alternate flight.

 

9.      As various flights were being cancelled since 04.01.2018 it had consequential effect upon the other subsequent flights which were also delayed or cancelled causing a chaotic situation. Due to continued disruption at JFK Airport, all the flights operating to India were either fully booked or closed for further booking. The complainant and his wife were booked for an alternative flight immediately as per the availability and thus they were scheduled to depart to Delhi on 10.01.2018. Passengers were accommodated in alternate flight depending on seat availability and they were also given the option of changing travel dates as per their convenience/availability without payment. Scan of IOCC notice and report of the committee constituted by Court Authority of NYNJ to evaluate the impact of snow storm (Grayson) are annexed as Annexure R-2 and R-3.

         

10.    As per the report annexed as R-3, during and after the storm  many passengers got separated and were unable to retrieve  their baggage at the airport, thousands of baggage were left stranded due to cancellations after check in and  even after the bags were loaded on the Plane. Passengers who checked for international flights that had been cancelled attempted to retrieve their bags, but the baggage had been reclassified as domestic because the aircraft never left US soil,  this resulted  in the international bags from cancelled flights being directed to domestic baggage carousels. Due to huge accumulation of baggage it led to congested baggage carousels thereby stopping the baggage  operation.

 

11.    It is thus stated that complainant’s flight AI-102 on 07.01.2018 was cancelled due to impaired ground handling conditions at JFK Airport which were beyond the control and power of OP, therefore there is no deficiency and negligence on the part of OP. It is thus prayed that the complaint be dismissed with the exemplary costs.

 

12.    Rejoinder is filed on behalf of the complainant, evidence by way of affidavit and written submissions are filed on behalf of parties. Arguments of learned counsels of both the parties are heard. Material placed on record is perused.

 

13.    Admittedly, complainant’s flight AI-102, which was to depart from New York on 07.01.2018 was cancelled due to inclement weather conditions. Impact of snow storm (Grayson)  led to whiteout condition and massive disruption of flight at John F. Kennady International Airport (JFK), which is one of the busiest and most diverse airport in the world. It is because of the Act of God that various flights got cancelled or were delayed, resultantly complainant’s flight Air India 102 was also cancelled. We do not find any deficiency of service of OP as the flight of the complainant was cancelled due to conditions beyond the control of OP.

 

14.    The other grievance of the complainant is that he was not handed over the baggage for almost three days in the very cold conditions and it was difficult for the complainants to survive without their personal or daily use items, clothes etc. Further no basic amenities of food, beverages, boarding and lodging was provided by the OP in such extreme weather conditions.

15.    It is seen from the material placed before us that the baggage of the complainant could not be retrieved due to cancellation of flights after check in and even after bags were loaded in the Plane, due to huge baggage accumulation  and bad weather conditions wherein the airlines staff could not step out to collect the baggage. Complainant in his complaint has himself stated that the temperatures at that point of time were -32 degree centigrade. Fact of snowstorm causing large scale disruption in flights, cancellation of flights and consequential volumes of unattended baggage clogging the   carousels has not been disputed by the complainants.  It is thus not the action or omission by the OP which made it difficult for the airlines staff to collect the baggage. Otherwise also OP cannot be held responsible for the baggage not being retrieved as baggage handling is also the responsibility of Airport Authority and Airport authority is not made party in the instant complaint. Nonetheless, there is a report filed by OP, which exonerates the JKF airport authority, the said report explains the causes and circumstances, which were beyond the power and control of anyone. The  complainant has not disputed the report in his replication.

 

16.    There is no denying the fact that the complainant and his wife must have gone through inconvenience and mental agony due to cancellation of flight but as has been recently witnessed during Covid situation in 2020, no one can be blamed for the Act of God. There are situations and circumstances which are beyond the power and control of anyone.

         In view of the discussion above the case is dismissed.

 

File be consigned to the record room and order be uploaded on the website.