BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 22^nd DAY OF MAY 2024

ORDER

SMT. SUMA ANILKUMAR, MEMBER

The complaint filed U/S 35 of Consumer Protection Act 2019, complainant seeking direction towards OP for the following reliefs:-

a) Compensation in the amount of Rs.1,78,826/- to cover financial losses and inconvenience.

b) Compensation to the complainant for deficiency of service an mental harassment and agony.

c) Any other additional relief deemed just and equitable by this Hon’ble Court.

2. Brief facts of this case are as follows:-

The complainant had booked flight bearing No.A1 642, from Bangalore to Mumbai on 14.09.2023, 21:25 (PNR-6UBLEU) with an intention to catch an other international flight to Zurich (PNR – RLVZ6L) on 15.09.2023 departing at 06:40. During check-in the complainant was informed of a delay in the boarding time and was revised to 22:50, concerned about potentially missing the international flight, the complainant approached the Air-India staff requesting accommodation on an alternative flight to Mumbai. The OP provided assurance that the flight AI 641, would be available within the designated time frame and the boarding would initiate promptly upon the arrival of the incoming flight from Mumbai (AI 641), in Bangalore. Depite the flight from Mumbai (AI 641) reached Bangalore on 15.09.2023 at 1:58am, boarding did not commence. Ideally the flight AI 642 should have departed after 55 minutes as it typically arrives in Bangalore at 8:30pm and departs from Bangalroe to Mumbai at 9:25 pm daily. However, an additional delay of over 3 hours occurred, making it clear that the complainant would not be able to catch the international flight. The complainant also verified the status of the international flight (PNR-RLVZ6L) and it was punctual.

3. Throughout the ordeal, the complainant requested assistance for over 6 hours. However, Air India (OP) declined to provide an alternative flight to Zurich, offering only domestic options. After 12 hours persistent appeals, exhausted the complainant reluctantly accepted a flight to Delhi. Consequently, the complainant had to book another flight from Delhi to Zurich on the same day incurring a cost of approximately Rs.1,67,000/-. Additionally the complainant has booked accommodation in Zurich for Rs.11,426/- which went unused due to the extensive delay. The complainant raised grievance with OP on 15.09.2023 with a case No.00252239, but any compensation was denied by the OP. The complainant further wrote and E-mail to Air India Ordeal officer, but was in vain. The complainant again another E-mail on 11.10.2023, but the response was denied. Hence with no option left the complainant had to file this complaint before this commission.

4. On issue of notice to OP, the OP fail to appear before this commission and hence placed Ex-parte.

5. The complainant has filed affidavit evidence along with 12 documents which are marked as Ex.P.1 to Ex.P.12. The complainant has submitted written and oral arguments.

6. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant proves the deficiency of service on the part of OP’s?

ii) Whether complainant is entitled for the relief?

iii) What order?

7.  Our answers to the above points are as follows:-

Point No.1:-Affirmative.

Point No.2:-Partly Affirmative.

Point No.3:- As per the final order.

                REASONS

8. Point No.1&2:-These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

9. On perusal of the documents submitted by the complainant, in the Ex.P.1 which is a copy of boarding pass issued by OP, from Bangalore to Mumbai flight No.A1 642 (PNR6UBLEU), it is true that the complainant and his wife has booked flight journey with the OP from Bangalore to Mumbai on 14.09.2023. Ex.P.2 is a copy of itinerary of Mumbai to Zurich (PNR-RLVZ6L) dated 15.09.2023 booked with Indigo. In the Ex.P.2 we observe that the complainant and his wife had a travel schedule from Mumbai to Istanbul and further continued from Istanbul to Zurich booked with Indigo on 15.09.2023, priced at Rs.62,355.78/- INR. Ex.P.3 is a copy of new flight booking from Delhi to Zurich (PNR-MXAGF2), in which we observe that the complainant has booked two tickets in his and his wife’s name from Delhi to Dubai and continued from Dubai to Zurich on the date of 15.09.2023 at a cost of Rs.1,67,078/-. Looking into the Ex.P.3, we see that the complainant has rescheduled his trip to Zurich from Delhi at an extra cost of Rs.1,67,078/- due to the delay in the flight No.A1 642 (PNR6UBLEU) which was scheduled to Mumbai from Bangalore, from which the complainant had further travel plans to Zurich through Istanbul. Ex.P.4 is a copy of Airbnb booking in Zurich for one night stay dated 15.09.2023 to 16.09.2023 at a price of Rs.11,898/-. In Ex.P.4, we observe that the said booking is cancelled and only an amount of Rs.472.33/- is been refunded to the complainant, the complainant has gone through a loss of Rs.11,425.72/- due to the delay in the travel scheduled.

10. Ex.P.5 and 6 are the copies of the mail in which the complainant has expressed his grievance and claims compensation for the inconvenience, discomfort and losses caused to him during the travel through Air India (OP). EX.P.7 is a copy of the mail in which we observe that the OP has replied to the complainants grievance stating that the OP has rescheduled the flight to Delhi instead of Mumbai as there was delay in the flight to Mumbai, (without the collection of any additional charges) for the booking of flight to Delhi. OP also regret that they are not unable to process any claim for compensation as that provided facilities as mandated by DGCA and also we routed the travel without collection of any additional charges. Looking into the above document, we see that the OP has agreed to the fact thatthere was delay in the said schedule of the flight No.A1 642 (PNR6UBLEU). The OP further denies any compensation as they have rescheduled the flight to Delhi for the complainant.

11. On observing the above documents submitted by the complainant, it is true that the OP has rescheduled the said flight from Mumbai to Delhi, but the complainant has incurred losses as he had booked the further travel schedule from the said point i.e. Mumbai, which had to be again rescheduled from Delhi for which he had to pay cost of Rs.1,67,078/-. The complainant for a smooth and comfortable travel experience had well in advance booked his stay for the date 15.09.2023 to 16.09.2023, which he had to cancel due to the delay in the travel and inconvenience he had to face due to the reschedule of his travel plans. The complainant has occurred a loss of Rs.11,425.72/- which was not refunded to him according to the cancellation policy of the said booking. The complainant had to bear a loss of Rs.1,78,503.72/- in total due to the reschedule of his and his wife’s travel. The complainant has continuously requested for assistance of the reschedule of the flight for over 6 hours with the OP. The OP though has rescheduled the flight to Delhi for the complainant without taking any additional charges, the complainant had to bear the loss of Rs.1,78,503.72/- due to the delay in the travel of the said flight No.A1 642 (PNR6UBLEU) which is clear deficiency in service by the OP as the flight was booked well in advance by the complainant. The OP being a reputed airline should have taken initiative to alternate the scheduled flight to Mumbai through any other flight well in time. The OP fails to arrange alternative flight to Mumbai as not only the complainant but all the consumers/customers travelling through the said flight would have faced difficulties and inconvenience due to the delay in the flight that had to travel to Mumbai from Bangalore on 14.09.2023. The OP has shown deficiency in service and Unfair Trade Practice. Hence the OP is liable to pay the amount of Rs.1,78,503.72/- towards the financial losses borne by the complainant. The OP is further liable to pay compensation of Rs.25,000/- and Rs.5,000/- towards litigation charges. Hence we answer Point No.1 and 2 accordingly.

12. Point No.3:-In view of the discussion referred above, we proceed to pass the following:-

ORDER

1. Complaint filed by the complainant U/S 35 of Consumer Protection Act, is hereby allowed in part.
2. OP is directed to pay an amount of Rs.1,78,503.72/- with interest at the rate of 6% p.a. from the date of booking tickets i.e. 15.09.2023 till realization.
3. OP is further directed to pay compensation of Rs.25,000/- towards deficiency of service and Rs.5,000/- towards litigation charges.
4. OP shall have to comply this order within 45 days from the date of order, failing which OP shall have to pay interest of 8% p.a. on the entire Award amount till realization.
5. Furnish the copies of the order and return the extra copies of pleadings and documents to the parties, with no cost.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 22^nd day of May 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;