Order By

Ms.Aparana Kundi, Member.

1.       The   complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that complainant No.1 booked six flight tickets for the complainants No.2 to 7 on 26.01.2020 from Opposite Party No.1 from Amritsar to Patna for 07.02.2020 on flight No.AI-726 and return ticket from Patna to Amritsar for 09.02.2020 on Flight No.A1-725 vide E-tickets  vide PNR No.ZDQ64 and paid Rs.66,750/- through online portal of Opposite Party No.2. Further alleges that as per the booked tickets, the flight was to take off from ATQ Amritsar Airport at 18:15 and was to reach PAT Patna on at 20:20 and the return journey was on 09.02.2020 as per schedule in the ticket. On 08.02.2020 engagement ceremony of Atul Kumar was to be held in Patna with Ms.Sukriti daughter of Ravinder Gupta in a Banquet Hall. On 07.02.2020 when the complainants reached Amritsar Airport to board the flight No. 726, they told by the Air India Staff  at the Amritsar Airport that the  Flight No.A1-726 was pre-poned and left for Patna at 14:55, but the Opposite Parties did not inform about the change in schedule of Flight to the complainants.  The complainants wee shocked to learn this from the Air India Staff and when they protested against this mismanagement by the Airlines, then the airlines arranged boarding pass for taking the complainants to upto Delhi on Flight No.A1-115 which left for Delhi on 07.02.2020 at about 20:30 though it was schedule to take off at 18:15, thus the flight No.A1-15 reached Delhi at 21:30 and there was no further flight at night from Delhi to Patna. Since there was no further arrangement on any flight were made by the Opposite Parties, thus the complainants were left to make alternative arrangement for reaching Patna for the engagement ceremony.  However, the complainants had to make additional arrangement on increased expenses. The Air Lines staff at Delhi Airport failed to make any arrangement for further travel from Delhi to Patna on any of its flight despite repeated requests. The complainants were left with no alternative but to book immediately flight tickets on GoAir Airlines from Delhi to Patna through Go Air on Flight No.G8-143 on 08.02.2020 at 05:45 AM and for which, the complainants had to spend Rs.46,598/-  and hence,  they were burdened with this additional expenses.  The above mismanagement and proponing of flight due to the inefficiency of the Opposite Parties, the complainants have suffered pecuniary damages besides mental agony and physical harassment which amounts to grave deficiency in service on the part of the Opposite Parties and as such, the Complainant left with no other alternative but to file the present complaint.  Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties may be directed to refund the amount of Rs.66,750/- alongwith interest @ 12% per annum from the date of claim till its  actual realisation besides Rs.1 lakh as compensation for mental tension ad harassment and Rs.22,000/- as costs of litigation or any other relief to which this District Consumer Commission may deem fit be also granted.

Hence, the present complaint is filed by the Complainant  for the redressal of  their grievances.

2.       Opposite Party No.1 appeared through counsel and contested the complaint by filing the written version on the ground inter alia that the complaint is not maintainable; that there is no deficiency in service on the part of the Opposite Party and that the complaint is absolutely false and frivolous. It is submitted that Opposite Party No.1 is dragged by the complainant into unnecessary uncalled and unwarranted litigation. The answering Opposite Party No.1 has already refunded the  amount to the Opposite Party No.2, so there is no negligence on the part of the Opposite Party No.1. It is specific to mention here that the flight A1-726 Amritsar to Patna was pre-poned due to operational reasons. All the passengers were duly informed and the total passengers  booked on thata flight  i.e. AI-726 Amritsar to Patna on 26.01.2020 was 102 and out of that 88+03 reported, which is self speaking and proves that due information regarding the pre ponment of the flight was given to all booked passengers because of which 88 passengers boarded the flight, so there is no negligence on the part of Opposite Party No.1 as proper communication of pre-ponement has been given to all ticket holders.  The complainants inspite of having the due information of pre-ponement of flight, were assisted and re-routed via Delhi to connection complainants to Patna on Air India i.e. Opposite Party No.1 onward flight ex Dehi with a Hotel Accommodation offer at Delhi Airport, but at Delhi, the complainants refused to offers and arranged their own travel.  Hence, Opposite Party No.1 also refunded to complainants back the proportionate fare i.e. Rs.2012/- for each ticket computed for the Delhi Patna Sector. On merits, the Opposite Party No.1 took up almost the same and similar pleas as taken up by them in the prelmininary objections.  Hence, the present complaint is liable to be dismissed.

3.       Opposite Party No.2 appeared through counsel and contested the complaint by filing  the written version  on the ground inter alia that the complaint is not maintainable; that there is no deficiency in service on the part of the answering Opposite Party. The present complaint pertains to the six flight tickets booked by the complainant No.1 for complainants No.2 to 7 on 26.10.2020 from Amritsar to Patna for 07.02.2020 vide Flight No.A1-726 and return tickets from Patna to Amritsar for 09.02.2020 on Flight No.A1-725 vide e-tickets (6 in total) bearing PNR No.ZD064 and further no Unfair Trade Practice  has been alleged by the complainant in the present matter qua the answering Opposite Party nor any specific relief has been sought from the Opposite Party No.2 and thereafter,  the answering Opposite Party has no further role to play and only acted as an agent to book the tickets. Further even if it is assumed that there  was any deficiency of service, it would be the liability of the  Opposite Party No.1 which was the air carrier and  hence the complaint deserves dismissal against Opposite Party No.2.  

4.       In order to prove his case, the complainant has tendered into evidence  affidavit  of complainant Ex.C1 alongwith copies of documents Ex.C2 to Ex.C25 and closed the evidence.

5.       On the other hand, to rebut the evidence of the complainant,  Opposite Party No.1 tendered into evidence  the affidavit of Sh.Rajinder Station Head Ex.Op1/1 alongwith copies of documents Ex.OP1/2 to Ex.OP1/13. Similarly, Opposite Party No.2 tendered into evidence affidavit of Sh.Aloke Bajpai Ex.OP2/1 alongwith copy of document Ex.OP2/2 and thereafter, the Opposite Parties closed their respective evidence.

6.       We have heard the ld.counsel for the complainant as well as ld.counsel for the Opposite Parties, perused the written submissions of Opposite Party No.2 and also gone through the documents placed on record.

7.       During the course of arguments, ld.counsel for the Complainant as well as ld.counsel for Opposite Parties   have mainly reiterated the facts as narrated in the complaint as well as in the written statement respectively. We have perused the rival contentions of  the parties and also gone through the record on file. The main contention of the complainant is that as per the schedule on 07.02.2020 when the complainants reached Amritsar Airport to board the flight No. 726, they told by the Air India Staff  at the Amritsar Airport that the  Flight No.A1-726 was pre-poned and left for Patna at 14:55, but the Opposite Parties did not inform about the change in schedule of Flight to the complainants.  The complainants wee shocked to learn this from the Air India Staff and when they protested against this mismanagement by the Airlines, then the airlines arranged boarding pass for taking the complainants to upto Delhi on Flight No.A1-115 which left for Delhi on 07.02.2020 at about 20:30 though it was schedule to take off at 18:15, thus the flight No.A1-15 reached Delhi at 21:30 and there was no further flight at night from Delhi to Patna. Since there was no further arrangement on any flight were made by the Opposite Parties, thus the complainants were left to make alternative arrangement for reaching Patna for the engagement ceremony.  However, the complainants had to make additional arrangement on increased expenses. The Air Lines staff at Delhi Airport failed to make any arrangement for further travel from Delhi to Patna on any of its flight despite repeated requests. The complainants were left with no alternative but to book immediately flight tickets on GoAir Airlines from Delhi to Patna through Go Air on Flight No.G8-143 on 08.02.2020 at 05:45 AM and for which, the complainants had to spend Rs.46,598/-  and hence,  they were burdened with this additional expenses.  The above mismanagement and proponing of flight due to the inefficiency of the Opposite Parties, the complainants have suffered pecuniary damages besides mental agony and physical harassment which amounts to grave deficiency in service on the part of the Opposite Parties. On the other hand, ld.counsel for Opposite Party No.1 has repelled the aforesaid contention of the ld.counsel for the complainant on the ground that Opposite Party No.1 has already refunded the  amount to the Opposite Party No.2, so there is no negligence on the part of the Opposite Party No.1. It is specific to mention here that the flight A1-726 Amritsar to Patna was pre-poned due to operational reasons. All the passengers were duly informed and the total passengers  booked on that flight  i.e. AI-726 Amritsar to Patna on 26.01.2020 was 102 and out of that 88+03 reported, which is self speaking and proves that due information regarding the pre-ponment of the flight was given to all booked passengers because of which 88 passengers boarded the flight, so there is no negligence on the part of Opposite Party No.1 as proper communication of pre-ponement has been given to all ticket holders.  The complainants inspite of having the due information of preponement of flight, were assisted and re-routed via Delhi to connection complainants to Patna on Air India i.e. Opposite Party No.1 onward flight ex Delhi with a Hotel Accommodation offer at Delhi Airport, but at Delhi, the complainants refused to offers and arranged their own travel.  Hence, Opposite Party No.1 also refunded to complainants back the proportionate fare i.e. Rs.2012/- for each ticket computed for the Delhi Patna Sector. Ld.counsel for Opposite Party No.2 has also repelled the contention of the complainant on the ground that present complaint pertains to the six flight tickets booked by the complainant No.1 for complainants No.2 to 7 on 26.10.2020 from Amritsar to Patna for 07.02.2020 vide Flight No.A1-726 and return tickets from Patna to Amritsar for 09.02.2020 on Flight No.A1-725 vide e-tickets (6 in total) baring PNR No.ZD064 and further no Unfair Trade Practice  has been alleged by the complainant in the present matter qua the answering Opposite Party nor any specific relief has been sought from the Opposite Party No.2 and thereafter,  the answering Opposite Party has no further role to play and only acted as an agent to book the tickets.

8.       It is not disputed that present complaint pertains to the six flight tickets booked by the complainant No.1 for complainants No.2 to 7 on 26.10.2020 from Amritsar to Patna for 07.02.2020 vide Flight No.A1-726 and return tickets from Patna to Amritsar for 09.02.2020 on Flight No.A1-725 vide e-tickets (6 in total) bearing PNR No.ZD064. The case of the Opposite Party No.1 is that there is no negligence on the part of the Opposite Party No.1 as Opposite Party No.1 has already refunded the amount of Rs.2021/- each of six tickets i.e. Rs.12,126/-, fully detailed in para No. 9 of the written reply, but the complainants have  alleged that no such amount has so far been received by them. Besides this, we are of the view that the complainant’s grievances have already been met except the aforesaid amount of Rs.12,126/- to be paid to the complainants by Opposite Party No.1.

9.       In view of the aforesaid facts and circumstances of the case, the complaint of the complainants is partly allowed and we direct Opposite Party No.1-Air India to make the payment of Rs.12,126/- (Rupees twelve thousands one hundred twenty six only) alongwith interest @ 8% per annum from the date of filing of the present complaint i.e. 18.08.2020 till its actual realization, to the complainants. The compliance of this order be made by Opposite Party No.1-Air India  within 60 days from the date of receipt of copy of this order, failing which the complainant shall be at liberty to get the order enforced through the indulgence of this District Consumer Commission.  Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Commission.

Dated:09.08.2022.