BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 26 of 2013
Smti. Manjushri Dey, ……………………………………………… Complainant.
-V/S-
1. Air India, Head Office Safdurjung Airport,
Aurobindo Marg, New Delhi-110003. O.P No.1.
2. Station Manager, Air India,
City Office, Club Road, Silchar-788001. O.P No.2.
3. Make My Trip India Pvt. Ltd.,
Tower A, SP Infocity,243 Udyoo Bihar Phase-I
Gurgaon-122016,Hariyana. O.P No.3.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Sri A Biswas, Advocate for the complainant.
Sri Paritosh Dhar, Advocate for the O.P No.1 & 2.
Sri Satish Kumar Kabra, Advocate for the O.P No.3.
Date of Evidence……………………….. 21-01-2015, 24-02-2015, 25-03-2015
Date of written argument……………... 12-06-2015, 17-07-2015, 24-08-2015
Date of oral argument………………… 05-04-2017, 20-02-2017
Date of judgment………………………. 05-01-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- Smti. Manjushri Dey has instituted this case under the provision of the Consumer Protection Act,1986 against Air India Authority, its Station Manager, Silchar and against Make My Trip India Pvt. Ltd. for award of compensation for cancellation their flight from Delhi to Toronto on the schedule date of journey on 12-07-2012.
- Brief facts:-
The daughter of the complainant purchased Air Ticket through Make My Trip Agency for journey of the complainant from Kolkata to Toronto via Delhi on 12-07-2012 and return journey from Toronto to Kolkata via Delhi on 30-09-2012. The said Ticket was booked on 27-04-2012. Consequently, another ticket was booked for journey from Silchar to Kolkata on 10-07-2012. All the tickets were booked from Air India flights. As per e-ticket No.098 9551804207 the flight from Delhi to Toronto was A1-187 but on 09-07-2012 afternoon got information that the said flight from Delhi to Toronto has been cancelled. As such she stop her journey from Silchar to Kolkata and got refund of price of Air ticket from Silchar to Kolkata and return ticket from Kolkata to Silchar. But the Air India Authority deducted Rs.3,500/- for cancellation charge. Of course, the fare of Air Ticket from Kolkata to Toronto and return journey from Toronto to Kolkata had been fully refunded without any deduction.
- However, her daughter after a month booked Air ticket on Jet Air Ways for journey from Silchar to Toronto but spent 300 US Dollar more than the price of Air ticket purchased earlier in Air India.
- Hence, she being beneficiaries of the above Air tickets brought the instant complaint for refund of Air ticket cancellation charge of Rs.3,500.00 and excess expenditure of 300 US Dollar and also compensation of RS. 1,00,000.00 for mental agony.
- The O.P i.e. Air India submitted W/S for O.P No.1 and 2 jointly. In the W/S stated inter-alia that the flight from Delhi to Toronto on scheduled date of journey on 12-07-2012 has been cancelled due to situation beyond control of the Air India Authority and as such full fare has been refunded and the complainant received the amount without objection. The said O.Ps also stated that Air ticket for the segment from Silchar to Kolkata and Kolkata to Silchar has been cancelled and cancellation charge deducted as per rule.
- During hearing the complainant deposed as P.W-1 and exhibited Air tickets of India Airlines. The O.P No.1 and 2 examined Kamel Lungthau the station Manager of Air India Ltd., Silchar as D.W. After closing evidence both sides’ counsels submitted their written argument. I have heard oral argument of both sides’ counsels and perused the evidence on record.
- In this case it is admitted fact that the flight of Air India for schedule date of journey from Delhi to Toronto has been cancelled by the O.P No.1 and full fare for all segments from Kolkata to Toronto and return journey from Toronto to Kolkata refunded without deduction. It is also admitted fact that the journey segment from Silchar to Kolkata to avail the flight from Kolkata to Delhi and Delhi to Toronto also cancelled by the complainant due to cancellation of the flight from Delhi to Toronto. But plea of the O.P wasthat the refund of fare paid after deduction as per rule. So evidence on record are not required to discuss on this matter to determine those fact.
- But in this case the O.P No.1 and 2 took a defence plea that the flight on the schedule date of journey from Delhi to Toronto was cancelled due to the situation beyond its control. The cause of cancellation is disclosed on the deposition of the D.W-1 was operational problem. If that is the real problem then why the Air India Authority did not attempt to make alternative arrangement for journey of the complainant from Delhi to Toronto? Reason is not disclosed to this Forum by the O.P. That is why, it is crystal clear that the O.P committed deficiency of service toward the complainant. Hence, in my considered view mere refunding full fare without deduction is not sufficient to absolve the liability toward the complainant, because due to the cancellation of the flight, the complainant rather compelled to cancel Air ticket from Silchar to Kolkata and Kolkata to Silchar and for that she had to suffered loss of Rs.3,500.00. Thus the O.Ps are to compensate to the complainant for that disservice.
- In this case the complainant stated that due to cancellation of the flight on schedule date from Delhi to Toronto, her daughter again compelled to purchased Air ticket from Jet Air Ways and for that spent 300 US Dollar more but no Air ticket or boarding pass exhibited to establish those fact. Hence, in this case I am not in a position to assess compensation for excess expenditure for booking Air ticket. Nevertheless, the complainant suffered from mental agony due to non-fulfillment of her desire to reach in Toronto on date fixed to meet her daughter. As such applying my prudent mind I have determined the compensation for mental agony of Rs.30,000.00 (Rupees Thirty thousand) only.
- Therefore, the O.P No.1 and 2 are jointly and severally liable to pay total awarded amount of Rs.3,500.00+30,000.00=33,500/- with cost of the proceeding of Rs.1,500/- within 45 days from today. In default, interest @ 10% per annum on total awarded amount of Rs.35,000/- to be paid form the date of defaulter to till realization of full.
- With the above, this case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under my hand and seal of the District Forum on this the 5th day of January,2018.
