Chandigarh

DF-I

CC/900/2022

SUDHA SHARMA - Complainant(s)

Versus

AIR INDIA LIMITED - Opp.Party(s)

MUKESH VERMA

05 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

1. Sudha Sharma, aged 61 years, W/o Sh.Vishnu Parshad Sharma.
2. Vishnu Parshad Sharma, aged 64 years, S/o Late Sh.Jainarayan Sharma, both residents of House No.2128/1, Sector 45-C, Chandigarh-160047.

… Complainants

V E R S U S

Air India Ltd., through its Managing Director, Air India Ltd., Headquarters, Airlines House, 113 Gurudwara Rakabganj Road, New Delhi-110001.

Email ids:- … Opposite Party

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainants availed the services of the OP and booked air tickets from Delhi to Toronto and returns tickets from Toronto to Delhi. The complainant No.1 on 30.08.2021 fell from the stairs in her maternal home in Jaipur and suffered multiple injuries. Due to the serious nature of injuries suffered by the complainant No.1, she was advised for complete bed rest for 6 months (Annexure C-1 & C-2). The health condition of the complainant No.1, the complainants booked business class tickets from Delhi to Toronto in flight No.AI 187 which was scheduled to depart on 01.05.2022 at 3:00 AM. The complainants also booked the return ticket for 02.10.2022 from Toronto to Delhi with the OP and paid an amount of Rs.4,28,776/- (Annexure C-3 & C-4). On 30.04.2022 the complainants were on their way to the airport, the complainants received text message from the OP that the flight is delayed by 9 hours 30 minutes and the revised departure time is 12:30 PM on 01.05.2022 instead of 3:00 AM on 01.05.2022 (Annexure C-5). Therefore, the complainants asked the OP for accommodation on account of delay in flight. The OP did not give any satisfactory response and the complainants were forced to arrange for and stay in hotel at their own expenses. On 01.05.2022 at 3:12 AM, the complainants received another text message from the OP that the flight AI-187 is further delayed by 22 hours 45 minutes and again the complainants were made to extend their stay in hotel at their own expenses. As per Passenger Charter issued by the Ministry of Civil Aviation, Government of India (Annexure C-8), the OP was under obligation to arrange free hotel accommodation for the complainants. In the present case, neither the OP has arranged hotel accommodation for the complainants nor has provided any assistance to the complainants. The OP thereafter, without the consent of the complainants changed the seat and class of the complainant No.1 from 8A business class to 33 K economy class despite being paid for the business class. Both the complainants were issued different seats in different compartment/class. The OP only with a motive to gain more profit used unfair trade practice and cancelled the business class seats and later on sold to other passengers at higher rates. Hence, this present consumer complaint.
2.     Notice of the complaint was sent to OP seeking its version of the case. However, nobody appeared on behalf of OP despite following proper procedure, therefore it was proceeded ex-parte on 12.01.2023.
3.      Complainants led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainants and gone through the record of the case.
5.     On perusal of the complaint, it is observed that the main grievance of the complainants is that, inspite of having booked & paid for business class seats in OP flight one of the seats already allotted, was changed from business to economy class. Moreover, complainants have also alleged that inspite of two times delay of flight OP, failed to provide hotel accommodation.
6.     On perusal of Annexure C-5, it is very clear that flight was firstly delayed by 9 hrs 30 minutes. From Annexure C-6, it is clear that flight was delayed by 22 hrs & 45 minute. We have perused Annexure C-8, which is a copy of passenger charter issued by the Ministry of Civil Aviation, Government of India, which contains (Know your rights when you fly):-

         “If you experience flight delay while travelling, your rights are as follows depending on the scenario.”

         “Scenario 3: The airline experiences a delay in flight departure communicated more than 24 hours prior to its original scheduled time and if delay is more than 24 hours or more than 6 hours for flights scheduled to depart between 20:00 and 03:00 hours:

         Your Right: Free hotel Accommodation.”

7.     In view of the above, the OP was required to provide free hotel accommodation, which was not provided and the complainants incurred an expenses of Rs.3600/- (Annexure C-7). On perusal of Annexure C-3 & C-4, it is observed that the complainants had booked business class from Delhi to Toronto, Wherein at the time of onwards travel, one of the seat was changed from business class to economy class.
8.     Significantly, OP did not appear to contest the claim of the complainants and preferred to proceed against ex-parte. This act of the OP draws an adverse inference against it. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainants. Therefore, the assertions of the complainants go unrebutted and uncontroverted.
9.     By not providing the complainants, the free hotel accommodation, when the flight was delayed and also changing one of the seats from business class to economy class, the OP is deficient in providing sevice and has indulged in unfair trade practice.
10.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under :-

1. to refund difference of amount of business class ticket & economy class ticket alongwith interest @ 9% per annum from the date of departure of flight, till the date of payment till realization.
2. to pay an amount of ₹3600/- toward the expenses incurred towards stay in hotel.
3. to pay an amount of ₹25,000/- to the complainants as compensation for causing mental agony and harassment to them;
4. to pay ₹10,000/- to the complainants as costs of litigation.

11.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) (ii) & (iii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iv) above.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.