This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that he visited India to meet their parent along with his wife on 26-12-2013 and for returning to his place of work on 10-01-2014 he purchased round ticket from a travelling company namely, Vayama wherein tickets had been issued for Virgin Atlantic Airlines and Air India Limited as linked flights from Kolkata, N.S.C. Bose International Airport, Kolkata. Complainant was to leave Kolkata on 10-01-2014, vide an Air Flight No.AI21 that was scheduled to leave for Delhi at 9.50 a.m. to reach Delhi at 12.10 p.m. which had been linked with the Virgin Atlantic flight No.VS301 that was scheduled to depart from Delhi at 1.55 p.m. to reach New York via London, but most unfortunately the Air India flight AI21 delayed forabout 2 hrs. 10 minutes due to the claimed reason of poor visibility whereas the complainant although reached the Kolkata International Airport within 7 a.m., but the concerned Air India Authorities present therein and being fully aware about their link flight from Delhi, did not take any step to accommodate the complainant and his wife, on their verbal request, in the earlier scheduled flight No.A1763 that actually departed from the said Airport for Delhi at 9 a.m. on the day which was actually scheduled to depart at 7 a.m. from Kolkata, but the same was delayed for about 2 hours what created a hazard and chaos for the complainant.
Departure of flight No.AI 763 at 9 a.m. instead of 7 a.m. as per re-scheduling of the flights confirms the fact that the claims of Air India authority that the flight was delayed due to poor visibility contradicts the factual position and does refute their claim.
Complainant stated that due to re-scheduling of the flight No.AI 21 at 12.30 p.m. from 9.50 a.m. from Kolkata to Delhi they reached Delhi at late by 2 hrs 40 minutes when the Virgin Atlantic flight VS301 had already departed and the whole incidence was due to negligence and irresponsible services of the Air India staff. Moreover, the complainant requested the staff of Air India to check their bags and baggages thorough from Kolkata to New York since it was a single booking ticket but unfortunately the said Air India staff declined and directed the complainant to check their baggages from Delhi again which was also beyond the agreement/understanding made in between Virgin Atlantic and Air India.
The entire statement would be proved from the letter dated 19th March, 2014 given by the Vayama to the complainant and complainant further stated that finding no other alternative complainant had to stay back at Delhi on their own cost of about $200 till they had repurchased tickets from New Delhi to New York via London spending about $1500 for 14-01-2014 and another fresh ticket from New York to Charlotte for 15-01-2014 costing about $448. Thereafter complainant wrote a letter to the Director, Consumer Affairs and Fair Business Practices, having their Central Regional office requesting them for compensating for flight rebooking due to delay and negligence on the part of the Air India Ltd. OP via e-mail being grievance serial No.771/2014.
Complainant made a detailed representation before the Director, CA&FBP stating the entire fact but unfortunately complainant had been called for hearing on 25-04-2014 and 19-06-2014 and the complainant had been represented by his father before the concerned authorities but nothing had been solved and ultimately the matter had been dropped, so complainant ultimately compelled to filed this case before this Forum.
Fact is that on the similar situation arising out of delay of flights the Virgin Atlantic had already refunded an amount of $629 through Bank of America which had been received by the complainant on his bank account on 31-03-2014 which also proves that the fault was not on the part of the complainant but it is absolutely of Airlines Air India Ltd. concerned. So, complainant has prayed for redressal.
On the other hand, OP by filing written statement submitted that Banibrata Poddar purchased two electronic tickets bearing nos.9327280223662 and 9327280223663 for the Sectors Kolkata/Delhi/London/New York and the tickets were issued by the US Agency, M/s. Air Trade International, Mountain View, CA 9404 and M/s. Virgin Atlantic Airways Ltd. was the issuing carrier for the entire tickets as also the operating carrier for the sectors Delhi/London/New York.
Fact remains complainant and his wife Mrs. Anna Marie Melton, a US citizen has travelled by AI 021 from Kolkata to Delhi on 10-01-2014 and the scheduled time of departure was at 10.00 hours but the said flight was delayed due to poor visibility over Kolkata and Delhi and the time of departure of the said flight was revised from time to time i.e. at 11 hrs./12 hrs. and ultimately it left Kolkata Airport at 12.20 hours with 165 passengers and arrived in Delhi about 14.20 hrs. The applicant had to fly by the flight no.VS 301 of Virgin Atlantic from Delhi to New York via London on the same day at 13.50 hrs. but the said flight was missed by the complainant and complainant alleged that due to delay they missed their connecting flights for which they have prayed for compensation.
In this regard, OP has stated that flight no. VS 301 of Virgin Atlantic is not a code share flight with Air India and there was no legal obligation upon Air India to accommodate the complainant and his wife in its earlier scheduled flight no.AI 763 for Delhi since AI 021 was not a link flight of VS 301 of Virgin Atlantic from Delhi to London and further OP does not have any obligation to provide free hotel with transportation from Airport or to pay compensation for damages to the complainant due to delay of the flight AI 021 and there was no negligence and irresponsible service on the part of the OP.
It is specifically mentioned that operating airline would not have the obligation to pay compensation in cases where the cancellations and delays have been caused by an event of such type of extraordinary circumstances beyond the control of the airline, the impact of which lead to the cancellation/delay of flight and which could not have been avoided even if all reasonable measures had been taken by the airline. It is further submitted that it is not the link up airline with the VS 301 so, the entire complaint is false and fabricated and complaint should be dismissed.
Decision with Reasons
On proper consideration of the entire materials on record and further considering the version of the complainant and the OP it is clear that applicant had to fly from Delhi to New York via London on the same date at 13.50 hrs. but that flight was missed no doubt and complainant allegation is that due to delay of AI 021 they missed their connecting flight and for which he lost huge amount but only question is whether on the basis of the ticket purchased by the complainant from America can complainant claim that on the basis of purchase of the said joint ticket. Complainant was confirmed by the selling authority of the said joint ticket though complainant shall have to get connecting flight from Kolkata to Delhi and it is the liability of the Air India to carry the complainant and his wife to Delhi in time but in this regard after considering the materials it is found that there is no contract or franchise in between Air India and Virgin Atlantic Airlines about that journey. But practically complainant purchased two tickets one for journey from Kolkata to Delhi and another for journey from Delhi to Charlotte. Further complainant has failed to prove that there was deficiency on the part of the OP on the ground complainant purchased ticket of a particular flight but complainant has alleged that as because the flight was running at late complainant asked the OP to accommodate earlier flight but OP has specifically mentioned that in the earlier flight there was no vacancy to accommodate them but truth is that on that date all the flights departure was at re-scheduled hours due to fog, smog, etc. so, complainant has failed to prove that earlier flight has any vacant seat and that was not given to the complainant. Another factor is that delay of flight is not caused due to the Air Lines Authority because signaling for journey is given by Airport Authority who acts for Civil Aviation Department and until and unless the authority is giving such signal to the flight captain, the flight captain cannot fly and no doubt at the time weather was not good and sky was full of smog for which the flights started at belated hours for their journey from Kolkata to Delhi but truth is that first flight left Kolkata at about 9.00 a.m. though its actual time of departure was 7.00 a.m. and complainant did not purchase any ticket of that flight. Then question is how the OP authority could accommodate the complainants in the first flight when there was no vacant seat. So, in this regard complainant has failed to prove that when the first flight started at 9.00 a.m. in place of 7.00 a.m. there were vacant seats but that has not been proved by the complainant. So, considering that fact we are convinced to hold that the allegation of the complainant against the Air India Authority regarding not providing two seats in the first flight in place of scheduled flight AI 021 is not at all proved and at the same time complainant has failed to prove that there was any agreement in between Air India and Virgin Atlantic for bringing customers from Kolkata to Delhi in time prior to departure of VS 301 and fact remains complainant himself purchased ticket after considering scheduled hours of two different Airline and now, complainant has tried to convince that that ticket was sold with the assurance that Air India authority is liable to place them before departure of VS 301 but that fact is not at all proved beyond any manner of doubt. But fact remains complainant ought to have purchased such a ticket of first flight for reaching at Delhi in time to avail of London based flight and, thereafter, he ought to have availed of the said VS flight but complainant did not purchase such sort of ticket.
Truth is that any Airline Company is not the authority to fix time for journey but everything is considered by the Airport Authority and for which sometimes scheduled hours is changed even after appearance of all the customers and passengers in that airport and in the present case the delay was caused due to bad weather and invariably there was no signal from Airport Authority to start from the Airport by the OPs flight so we are convinced to hold that negligence, deficiency of service on the part of the OP is not proved and also on the ground that in the first flight there was no vacant seat to provide the complainant and his wife that is also proved and another factor is that the complainant is silent about the fate of the VS ticket because complainant got some damages from the said authority which has been suppressed by the complainant.
In the result, the case fails.
Hence,
Ordered
That the case be and the same is dismissed on contest against the OP but without any cost.
