Order by:
Sh.Amrinder Singh Sidhu, President
1. This Consumer Complaint has been received by transfer vide order dated 26.11.2021 of Hon’ble President, State Consumer Disputes Redressal Commission, Punjab at Chandigarh under section 48 of CPA Act, vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 from District Consumer Commission, Ludhiana to District Consumer Commission, Moga to decide the same in Camp Court at Ludhiana and said order was ordered to be affected from 14th March, 2022.
2. The complainants have filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that on 08.08.2015 they had booked four tickets online for flight from Delhi (DEL) to Chennai (MAA) for 24th December 2015 from Terminal-3 alongwith two other tickets having total price of Rs.26,460/- i.e. Rs.6615/- per ticket with PNR Number of the tickets as YX308 and web references AIBE19216761 with departure schedule of the flight from Delhi as 12.35 after noon. Further alleges that a message from the Opposite Party was received on 23.12.2015 at 23:46:25 hours regarding rescheduling of flight at e-mail Id address and the revised time of departure of the flight was mentioned as 14:10 (local time hours). The complainants were to come from Ludhiana to New Delhi to catch the flight and the complainants left Ludhiana on 23:12:15 so that they could catch the flight in time. The complainants alongwith his co-passengers reached the Airport at about 12:30 AN (Local time) and reported at the counter of the Air India to catch the flight but to the surprise of the complainants as it was disclosed at the counter of the Opposite Party that the flight is to left at 13:00 (local time) and the door of the flight have already been closed and now they can not board the flight. Then the complainants told the counter persons that the departure of the flight was rescheduled and it was informed to the complainants at the email address that the new departure time is 14:10 hours and that they have not received any message that the flight has been rescheduled for departure at 13:00 hours and at this, the Opposite Party admitted their mistake and told that they will adjust the complainants in the next flight of Air India In the evening and also issued lunch passes. As such, the next flight landed at New Delhi Airport after 18:00 hours and reached at about 21:00 at Chennai. The complainants were to go to Triputi Bala Ji Temple Triputi for a religious trip and thereafter, the complainants were to go to Bangalore to attend National Conference of Akhil Bhartiya Adhivakta Prashad to be held on 27.12.15 to 29.12.2015 and due to the lapse on the part of the Opposite Party, the schedule of the complainant disturbed and the complainants have to pay a lot on account of prestigious time as well as financially and as such, there is deficiency in service on the part of the Opposite Party. Vide instant complaint, the complainant has sought the following reliefs.
a) The Opposite Party may be directed to pay Rs.1,20,000/- to the complainants including Rs.1 lakh as compensation for mental torture and harassment and Rs.20,000/- as litigation expenses.
3. Opposite Party appeared through counsel and contested the complaint by filing the written version taking preliminary objections therein inter alia that the complaint filed by the complainant is not maintainable and is liable to be dismissed as the complainant has attempted to misguide and mislead this District Consumer Commission. It is submitted that the complainants were informed through SMS and emails about the rescheduling of the flight under the rules but these were complainants who did not reach at the Airport in time as a result of which the complainants could not catch the flight. The complainants reached the Airport after the gates were closed and thereafter, the complainants were properly attended and served with Tea/Coffee and snacks and boarded to Chennai in the next flight of Air India on the same tickets without charging any extra amount and hence, there is no deficiency in service on the part of the Opposite Party and hence, the instant complaint is not maintainable and the same may be dismissed with costs.
4. In order to prove their case, the complainants have tendered into evidence the affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C13 and closed the evidence.
5. On the other hand, to rebut the evidence of the complainant, Opposite Party also tendered into evidence the affidavit Ex.RA alongwith copies of documents Ex.R1 to Ex.R3 and closed the respective evidence.
6. We have heard the ld.counsel for the parties and also gone through the documents placed on record.
7. Ld.counsel for the Complainants as well as ld.counsel for the Opposite Parties has mainly reiterated the facts as narrated in the complaint as well as in their written statements respectively. We have perused the rival contention of the ld.counsel for the parties. The only contention of the complainant is that on 08.08.2015 they had booked four tickets online for flight from Delhi (DEL) to Chennai (MAA) for 24th December 2015 from Terminal-3 alongwith two other tickets having total price of Rs.26,460/- i.e. Rs.6615/- per ticket with PNR Number of the tickets as YX308 and web references AIBE19216761 with departure schedule of the flight from Delhi as 12.35 after noon. Further alleges that a message from the Opposite Party was received on 23.12.2015 at 23:46:25 hours regarding rescheduling of flight at e-mail Id address and the revised time of departure of the flight was mentioned as 14:10 (local time hours). The complainants were to come from Ludhiana to New Delhi to catch the flight and the complainants left Ludhiana on 23:12:15 so that they could catch the flight in time. The complainants alongwith his co-passengers reached the Airport at about 12:30 AN (Local time) and reported at the counter of the Air India to catch the flight but to the surprise of the complainants as it was disclosed at the counter of the Opposite Party that the flight is to left at 13:00 (local time) and the door of the flight have already been closed and now they can not board the flight. Then the complainants told the counter persons that the departure of the flight was rescheduled and it was informed to the complainants at the email address that the new departure time is 14:10 hours and that they have not received any message that the flight has been rescheduled for departure at 13:00 hours and at this, the Opposite Party admitted their mistake and told that they will adjust the complainants in the next flight of Air India In the evening and also issued lunch passes. As such, the next flight landed at New Delhi Airport after 18:00 hours and reached at about 21:00 at Chennai. The complainants were to go to Triputi Bala Ji Temple Triputi for a religious trip and thereafter, the complainants were to go to Bangalore to attend National Conference of Akhil Bhartiya Adhivakta Prashad to be held on 27.12.15 to 29.12.2015 and due to the lapse on the part of the Opposite Party, the schedule of the complainant disturbed and the complainants have to pay a lot on account of prestigious time as well as financially and as such, there is deficiency in service on the part of the Opposite Party. On the other hand, ld.counsel for the Opposite Party has repelled the aforesaid contention of the ld.counsel for the complainants on the ground that the complainants were informed through SMS and emails about the rescheduling of the flight under the rules but these were complainants who did not reach at the Airport in time as a result of which the complainants could not catch the flight. The complainants reached the Airport after the gates were closed and thereafter, the complainants were properly attended and served with Tea/Coffee and snacks and boarded to Chennai in the next flight of Air India on the same tickets without charging any extra amount and hence, there is no deficiency in service on the part of the Opposite Party, but we do not agree with the aforesaid contention of the ld.counsel for the Opposite Party. Undisputedly, the a message from the Opposite Party was received on 23.12.2015 at 23:46:25 hours regarding rescheduling of flight at e-mail Id address and the revised time of departure of the flight was mentioned as 14:10 (local time hours), but the plea of the Opposite Party is that the complainants were informed through SMS and emails about the rescheduling of the flight under the rules but these were complainants who did not reach at the Airport in time as a result of which the complainants could not catch the flight. The complainants reached the Airport after the gates were closed and thereafter, the complainants were properly attended and served with Tea/Coffee and snacks and boarded to Chennai in the next flight of Air India on the same tickets without charging any extra amount. The case of the complainant is that due to wrong information by the Opposite Party, the schedule of the complainants became disrupted as they were to go to Triputi Bala Ji Temple Triputi for a religious trip and thereafter, the complainants were to go to Bangalore to attend National Conference of Akhil Bhartiya Adhivakta Prashad to be held on 27.12.15 to 29.12.2015 and due to the lapse on the part of the Opposite Party, the schedule of the complainant disturbed and the complainants have to pay a lot on account of prestigious time as well as financially and for this, the complainants claimed Rs.1,20,000/- including Rs.1 lakh as compensation for harassment and mental tension, but we are of the view that certainly, the complainant must have suffered mental tension and harassment, but on the other hand, the Opposite Party has immediately arranged the immediate second flight without charging any extra amount from the complainants and as such, the Opposite Parties are liable to pay some reasonable compensation to the complainant for causing them mental tension and harassment.
8. In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the Complainant and direct the Opposite party to make the payment of compensation amounting to Rs.10,000/- (Rupees ten thousands only) to the Complainant alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 21.12.2017 till its actual realization. The compliance of this order be made by Opposite Party within 60 days from the date of receipt of this order, failing which the complainant shall be at liberty to get the order enforced through the indulgence of this District Commission. Copies of the order be furnished to the parties free of cost by District Consumer Commission, Ludhiana and thereafter, the file be consigned to record room after compliance.
9. Reason for delay in deciding the complaint.
This Consumer Complaint was originally filed at District Consumer Disputes Redressal Forum (Now Commission) at Ludhiana and it keep pending over there until Hon’ble State Consumer Disputes Redressal Commission, Punjab vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 has transferred the instant Consumer Complaint alongwith Other Complaints to District Consumer Commission, Moga with directions to work on this file onward from 14th March, 2022 and accordingly District Consumer Commission, Moga has decided the present complaint at Camp Court, Ludhiana, as early as possible as it could decide the same
Announced in Open Commission at Camp Court, Ludhiana.
