Chandigarh

DF-II

CC/1006/2019

Bharat Sharda - Complainant(s)

Versus

Air India (Regional office), - Opp.Party(s)

Aftab Singh Khara Adv.

25 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

Consumer Complaint  No	:	1006 of 2019
Date  of  Institution	:	04.10.2019
Date   of   Decision	:	25.09.2023

 

 

 

 

1]  Bharat Sharda, aged about 60 years, son of Late Sh.Jaganath Din Dayal Sharda, Resident of House No.6/566, Ahuja Street, Opposite Shani Mandir, Fazilka, District Fazilka, Punjab.

2]  Supriya Mahunta, aged about 35 years, daughter of Sh.Bharat Sharda and wife of Sh.Saurbh Mohunta, resident of House No.23, Sector 6, Panchkula, District Panchkula, Haryana.

             …..Complainants

Versus

1]  Air India (Regional Office), SCO 162 and 164, Sector 34-A, Chandigarh through its authorized representative.

2]  EaseMytTrip.com, Easy Trip Planner Pvt. Ltd., 460, F.I.E. Patparganj Industrial Area, New Delhi 110092, India, through its authorized representative.

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

         MR.S.K.SARDANA                 MEMBER

                                                        

 

Present :   Sh.Devinder Kumar, Adv. proxy for Sh.Aftab Singh Khaira, Counsel for the complainant

  Sh.Kartik, Adv. Proxy for Sh.Mandeep Singh, Counsel for OP No.1

Sh.Karajbir Singh, Adv. proxy for Sh.Piyush Khanna, Counsel for OP No.2.

 

PER S. K. SARDANA,  MEMBER

 

        The case of the complainants precisely is that they booked air-tickets of OP No.1, through OP No.2, on 13.6.2019 for to & fro journey from New Delhi to Udaipur (Rajasthan) to be undertaken by complainants and their family members on 8.8.2019 & 10.8.2019 respectively and made payment of Rs.31,338/- (Ann.C-1).  However, the complainants were shocked to receive a text message from OP No.1 on 7.8.2019 about cancellation of their schedule flight for 8.8.2019 from New Delhi to Udaipur without assigning any reason. As such, the complainants and his family members, having no other option, had to purchase fresh air-tickets of Indigo Airlines for 8.8.2019 by for an amount of Rs.45,588/- for onward journey from New Delhi to Udaipur (Rajasthan).  It is stated that the OP No.1 Airline should have provided alternative flight or made other arrangement, but it was not done, so the complainants were forced to buy fresh air-tickets, burdened with unwanted timing and had to suffer financially, mentally and physical.

         It is submitted that the complainants and other family member though undertook the return journey through OP No.1 Airlines as per booking and also received partial refund of Rs.15,130/- for the route New Delhi to Udaipur, but the OPs neither compensate the complainants for the extra amounts spent towards purchase of fresh air-tickets of Indigo Airlines for onwards journey to Udaipur due to sudden cancellation by OP No.1 nor for the harassment, mental agony and inconvenience suffered by the complainant due to deficient act & conduct of OPs.  Hence, this complaint has been preferred.

 

2]       The OP No.1 filed written version and while admitting the factual matrix of the case, stated that as soon as the Air India Officials got the knowledge of cancellation of flight, the same was informed to the passenger, which has been admitted by the complainants. It is submitted that the flight got cancelled due to operational reason which was beyond the control of Airline.  It is also submitted that the complainants were informed that Air India operates only 1 flight per day from Delhi to Udaipur and the next connecting flight was to operate on 9.8.2019, which the complainants refused, so the refund was given to the complainants within 3 days of cancellation, whereas the return journey was admittedly undertaken by the complainants. Denying other allegations, the OP No.1 has prayed for dismissal of the complaint.

         The OP No.2 - Easy Trip Planners has also filed written version and while admitting the booking of air-tickets in question of the complainants, stated that it has no role to play in the affairs of the Airlines and it is the airlines, who proceeded according to their own schedule and as per guidelines of DGCA.  It is stated that there is no deficiency on the part of OP No.2 and it is the Airlines who had to settle the dispute, whereas the impugned refund of Rs.15,130/- has already been made to the complainant by answering OP.  Lastly it is prayed that the complaint be dismissed.

 

3]       Replication has also been filed by the complainant thereby controverting the assertions of OPs as made in their reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and gone through entire record including written augments.

 

6]       On the perusal of the complaint, it is gathered that the main grievance of the complainants is that their flight dated 8.8.2019 from Delhi to Udaipur was cancelled at a short notice on 7.8.2019 by OP No.1 and once the complainants made alternative arrangement of travel, the OP No.1 has not compensated the cost of fresh tickets purchased by them, rather refunded the amount only to the extent they earlier charged.

 

7]       It is an admitted fact that the flight of OP No.1 was declared cancelled due to which the complainants had to make alternative arrangement and due to last minute booking, the complainants had to pay an amount of Rs.45,588/- whereas the OP No.1 refunded only an amount of Rs.15,130/-. 

8]       It is opined that by not paying the difference amount of Rs.30,458/- incurred by the complainants due to cancellation of flight by the OP No.1, the OP No.1 has indulged into unfair trade practice. 

 

9]       In view of above discussion and findings, the present complaint is partly allowed with against OP No.1 with directions to OP No.1-Air India to pay Rs.30,458/- to the complainants along with interest @7% per annum from the date of filing of present complainant till its realization. The OP No.1 is also directed to pay to the complainants compensation amount of Rs.10,000/- for causing mental & physical harassment along with litigation cost of Rs.7,000/-. 

         This order shall be complied with by the Opposite Party No.1 within a period of 45 days from the date of receipt of its certified copy.

  

10]      The complaint qua OP No.2 stands dismissed.

 

         Certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                                                     

25.09.2023                                                                       Sd/-

(AMRINDER SINGH SIDHU

PRESIDENT

 

 

Sd/-

(S.K.SARDANA)

MEMBER