Tripura

West Tripura

CC/2/2020

DR. Avula Ranganath. - Complainant(s)

Versus

Air India Ltd. - Opp.Party(s)

Mr.M.Saha

17 Dec 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 02 of 2020

1.Dr. Avula Ranganth,
S/O.- Late Govindu Avula,
Qtr. No.B-113, Faculty HSG-1,
ICFAI University Tripura, Kamalghat,
Mohanpur, P.O.-Kamalghat, P.S.-Llefunga,
West Tripura, Pin-799210….................................................................................Complainant.

-VERSUS-

    1. Air India Ltd.
    Airlines House, 113,
    Gurudwara Rakabganj Road,
    Partiament Street,
    New Delhi-110001(Behind All India Radio), through its authorizes signatory.
    
    2. Akbar Online Booking Co. Ltd.,
    1st floor, 62, Janjikar street, Mumbai,
    Maharastra, Pin-400003, through its authorizes signatory.
    
    
    3. Station Manager,
    Air India Limited,
    Maharaja Bir Bikram Kishor Manikya Bahadur Airport,
    Agartala, Pin-799009....................................................................................... Opposite parties.

    __________PRESENT__________

 SRI RUHIDAS  PAL
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL COMMISSION,
      WEST TRIPURA, AGARTALA.

DR (SMT) BINDU PAL
MEMBER,
  DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION,
  WEST TRIPURA,  AGARTALA.

SRI SAMIR  GUPTA
MEMBER,
  DISTRICT CONSUMER  DISPUTES  
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA.

C O U N S E L

    For the Complainant            : Sri Manojit Saha,
                          Advocate.
For the O.P. Nos. 1 & 3             : Sri Pradip Chakraborty,
                       Advocate.  
For the O.P. No. 2            : Ex-parte.

                JUDGMENT  DELIVERED  ON :  17/12/2021.
J U D G M E N T
    The Complainant Dr. Avula Ranganth, set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service by the O.Ps.
    Complainant's case, in brief, is that the Complainant had booked online ticket through 'akbartravels.com' on 01/10/2019 for traveling from Hyderabad to Agartala on 14/10/2019 by making payment of Rs.11,624/-. The Complainant received the online travel ticket on 01/10/2019, which was in two parts i.e., Hyderabad to Kolkata via Air India Flight No.525 with departure time at 06:00 A.M. And arrival time at Kolkata Airport at 08:10 A.M. And Kolkata to Agartala via Air India Flight No.743 with departure time at 09:50 A.M. and arrival time at Agartala Airport at 10:50 A.M. On the date of journey the Complainant was on the way to Hyderabad Airport about 02:44 A.M. then Air India Authority informed (through SMS) to the Complainant that flight no.525 from Hyderabad to Kolkata was delayed one hour but about 03:55 A.M. Air India Authority again informed (through SMS as well as call) to the Complainant that flight no.525 from Hyderabad to Kolkata was canceled due to some problems but 2nd flight no.743 from Kolkata to Agartala was not canceled. On 14/10/2019, the Complainant requested Air India Authority to arrange another flight or reschedule Complaint's booking on 14/10/2019, but Authority did nothing at that moment. Thereafter, the Complainant had booked another ticket through 'akbartravels.com' on 14/10/2019 for travelling by Complainant and Complainant's colleagues as they had to join duty “The ICFAI University, Tripura” from Hyderabad to Agartala by making payment of Rs.25,288/-. So, Air India Authority did not cooperate with the Complainant. The O.P. No.1 & O.P. No.2 were very negligent and having deficiency of service. Thereafter, the Complainant demanded the return of Rs.11,624/- (which is paid to Air India) and Rs.13,664/-(Rs.25,288/-  -  Rs. 11,624/-) which is paid to Indigo Airlines for the fault of Air India Authority and compensation of Rs.1,50,000/- for physical, mental harassment and one day loss of pay, cancellation of the pre-scheduled works of the University, litigation expenses.
    Hence this case.
2.    In due course of time notices were duly sent to the O.Ps. from this Commission.
      O.P. Nos. 1, & 3 in response to the notices appeared before this Commission through their engaged Advocate.
          O.P. No.2 did not appear and it is proceeded ex-parte against them.
     O.P. Nos.1 & 3 in their W.O. denied the claim and contentions of the complainant. O.P. Nos.1 & 3 stated that the Complainant is very much entitled for getting full refund of his Air Ticket through his agent. Necessary endorsement for full refund may be taken from his nearest Air India Office as per his convenience. O.P. Nos.1 & 3 also stated that flight of Hyderabad to Kolkata was cancelled due to technical reasons in which the Air India Authority has no control. As per rules if any flight is cancelled due to technical reason or any other reason, the passengers are not entitled to claim any compensation except the refund of fare of Air ticket and there is no negligence or deficiency in service by O.P. Nos.1 & 3 and as such the Complainant is not entitled to get any compensation.   
   
        EVIDENCE ADDUCED BY THE PARTIES:-
3.        The Complainant examined himself as PW-I and submitted his examination in chief by way of affidavit. He has produced 9 documents comprising 15 sheets under a Firisti dated 04/01/2020. The documents are namely Photocopy of Air India Ticket Printout, Photocopy of Air India Ticket delay and cancellation SMS on 14/10/2019, Photocopy of Complaint letter send by the Complainant to Air India Authority dated 11/11/2019, Photocopy of cancellation mail and two attachments send by the Customer Service of Air India dated 06/11/2019, Photocopy of Indigo Ticket Printout, Photocopy of Indigo Ticket booking confirmation letter send by Akbartravels, Photocopy of Indigo Boarding Pass of Avula Ranganath flight-6E 151, 6E-524, Photocopy of Attendance Report of Dr. Ranganath & Photocopy of Attendance Report of Dr. K Kanta Rao.
       On behalf of the O.P. Nos.1 & 3 one witness namely Sri Sujoy Ghosh, S/O. Lt. Dhananjoy Ghosh, resident of Gitanjali Apartment, Flat No.H-6, H.G. Basak Road, P.S.-West Agartala, Dist.-West Tripura, Station Manager submitted his examination-in-chief by way of affidavit.  
POINTS TO BE DETERMINED:-
     (i) Whether there is deficiency of service on the part of the O.Ps towards the Complainant?
    (ii) Whether the complainant is entitled to get compensation/ relief as prayed for?
                          
5.        ARGUMENTS OF BOTH SIDES :-
                 On the date of argument Lawyer of the Complainant submitted written argument and we heard both sides at length.  
             Learned Advocate Mr. Manojit Saha for the Complainant argued that it is admitted fact that Air India Authority cancelled the Flight No.525 scheduled time of departure at 06.00 A.M. from Hyderabad to Kolkata and for that cancellation no reason was shown to the Complainant. They also failed to arrange for substitute Flight. It is also admitted fact that the Complainant booked ticket for connecting Flight of Air India from Kolkata to Agartala. Due to cancellation of the Hyderabad - Kolkata Flight Complainant had to incur expenditure for purchasing tickets of Indigo Flight for coming to Hyderabad to Agartala. Mr. Saha further argued that the conduct and behaviour of the O.P. amounts to deficiency of service and for that Complainant is entitled to get compensation as well as refunding of the Air fare from the O.P.
              On the other hand Learned Advocate Mr. P. Chakraborty appearing for the O.P. Nos.1 & 3 argued that as per provision of sub rule-3 of rule-3 of Indian Airlines Non - International carriage(passenger and baggage) Regulations, 1980 Air India Authority is not liable to pay any compensation for cancellation or delayed of Flight. Mr. Chakraborty submits that Hyderabad to Kolkata Flight was cancelled due to technical reason, so Complainant is not entitled to get any compensation.                                          
        6.        DECISION   AND  REASONS  FOR  DECISIONS:-
        Both points are taken up together for the convenience.
           We have minutely gone through the pleadings as well as evidences adduced from both sides.
             On perusal of the pleadings we find that O.P. in their written statement admitted that the Complainant purchased E-ticket on 10/10/2019 which was two parts i.e. Hyderabad to Kolkata and Kolkata to Agartala(connected Flight). From the written statement it is also found that O.P. admitted the fact that the Hyderabad -  Kolkata Flight No.525 was cancelled due to some problems. It is also fact that the O.P. did not arrange for any substitute service.
    Complainant in his examination-in-chief on affidavit deposed that under compelling circumstances on 14/10/2019 he availed Indigo Airlines Flight No.6E-151 from Hyderabad to Bangalore and then he availed Bangalore to Agartala Indigo Flight No.6E-524 and for that purpose he had to incur Rs.13,664/- as a extra money. Complainant in his examination-in-chief on affidavit also deposed that he suffered mentally and physically due to harassment for cancellation of the pre-scheduled works in the University. From the evidences of DW-I we found that there is only version that Flight was cancelled due to technical reason. O.P. Nos.1 & 3 failed to show any evidence about what is the technical reason. From the exhibited documents(Exhibit-I series) we found that the Complainant has been able to prove his case successfully. It is pertinent to mention that O.P. No.2 is not necessary party.   
7.         On careful appreciation of evidences of both sides, we found that conduct and activities of the O.P. Nos.1 & 3 amounts to deficiency in service and Complainant is entitled to get refund of extra fare as well as compensation.
        Hence, it is ordered that O.P. Nos.1 & 3 jointly and severally liable to pay Rs.13,664/- as a extra money incurred by the Complainant and also to pay compensation of Rs.20,000/- for physical and mental harassment and also Rs.10,000/- as a litigation cost i.e. in total Rs. 43,664/-. The O.P. Nos.1 & 3 are directed to make the whole payment within 2 months from the date of this judgment and if the payment is not made within 2 months then it will carry interest @ 9% per annum from the date of judgment till the payment is made in full.   
    Supply a certified copy of the judgment to both the parties free of cost.
                      Announced.

SRI  RUHIDAS  PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA

 

DR (SMT)  BINDU  PAL
MEMBER,
DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA    

 

 

SRI SAMIR  GUPTA
MEMBER,
 DISTRICT CONSUMER  DISPUTES  
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA.