BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Consumer Complaint No. 180 of 2016.
Date of Institution: 24.8.2016.
Date of Decision: 22.01.2019.
Digvijay Jakhar son of Shri Khushi Ram Jakhar, resident of A-92, Preet Vihar, Kanheli Road, Rohtak – 124001 (Haryana) Mobile No. 8059777778.
…..Complainant.
Versus
1. Manager, Air India, 1st Floor, Air India Building, Nariman Point, Mumbai-400002.
2. Manager, Safdarjung Airport, Aurobindo Marg, New Delhi-110003.
3. Manager, Bhasin Travels, D 2/4, 1st Floor, Model Town-3, Delhi-110009.
4. Manager, Sunil Tour & Travel, Shop No. 10, First Floor, Biju Tower, Circular Road, Bhiwani – 127021 (Haryana).
…..Opposite Parties.
Complaint under Section 12 of the
Consumer Protection, Act, 1986.
Before: - Hon’ble Mr. Manjit Singh Naryal, President.
Hon’ble Mr. Parmod Kumar, Member.
Hon’ble Ms. Renu Chaudhary, Member.
Present: Complainant in person.
Shri Chetan Sinha, Advocate for the OP No. 1 & 2.
OP No. 3 and 4 already exparte.
ORDER:-
PER MANJIT SINGH NARYAL, PRESIDENT
Brief facts of the complainant’s case are that he has booked 5 (3 adults & 2 kids) return air tickets of Air India Airlines i.e. OP No. 1 & 2 in economy class for total Rs.3,39,595/- from I.G.I. Delhi (India) to Sydney (Australia) dated 2.6.2016, flight No. AI 302, vide e-ticket No. 0982211448589C1 to 0982211448593C1 with insurance and from Sydney (Australia) to I. G. I. Delhi (India) dated 28.7.2016, flight No. AI 301 and travelled through Air India Airlines in economy class. It is alleged that the complainant met with OP No. 4 and submitted all the relevant documents as told by him through email and by hand alongwith visa fee and after that applied for visa and the same was granted, which were emailed by the OP No. 3 & 4. It is further alleged that complainant received a mail from OP No. 4, which was sent to him by OP No. 1 and 2 regarding Visa grant notice and after that the complainant paid whole fare and insurance amount to the OP No. 4 and he booked five return tickets through OP No. 3 with insurance and same were sent to the complainant by email. It is further alleged that the complainant catched the flight No.AI 302 with his family on 2.6.2016 and it took around 12 hours 40 minutes continuous non-stop journey from Delhi (India) to Sydney (Australia). It is further alleged that the complainant surprised to see the garbage lying under the seats of the aircraft and in the toilet/ washroom too. It is further alleged that the infotainment systems were also not working due to which the complainant was unable to use the light for reading and he also failed to operate the calling button of airhostess too. It is further alleged that the complainant complained about the same to the crew members/airhostess and they told that they will reset the infotainment systems and never turned back for 2 hours and then complainant again complained about the same, but they failed to reset the infotainment systems due to which complainant’s kids felt much bored as it’s very difficult to manage without systems like these with kids. It is further alleged that the aircraft was stinking badly, water in the toilets/washrooms was empty and were stinking very badly due to which complainant and his family members suffered a lot, whereas before booking tickets, OPs have assured to provide world class facility with comfort and hygiene. It is further alleged that the complainant marked several emails after reaching Sydney on 3.6.2016, 5.6.2016 and 6.6.2016 to the OP No. 1 & 2, but they failed to resolve the issues and it was disheartening to see that air lines run by Indian company led to such horrible experience for the complainant and his family. It is further alleged the complainant catched the return flight No. AI 301 with his family members on 28.6.2016 from Sydeny (Australia) to Delhi (India) and was again very much surprised to see the garbage lying in the aircraft and in the toilets/washrooms too and the infotainment systems were also not working and the complainant failed to use the facilities to be promised by the Air India. It is further alleged that the complainant complained the matter to the crew members/airhostess and this time they said sorry, but failed in resolving the issue. It is further alleged that the officials of the respondents used the luggage space by putting blankets, headphones etc. there and complainant kept his handbags on knees, which was very much tiring, whereas the complainant has paid a handsome amount for their comfort. It is further alleged that the complainant and his family is pure vegetarian and mentioned this fact while booking tickets that they need vegetarian meal, but the OP No. 1 and 2 airhostess served non-vegetarian meal to the complainant’s son without asking and when the complainant’s son tasted it and he felt awkward and passed that meal to the complainant and when he tasted it he realized that it is non vegetarian meal and asked the airhostess that why they served non-vegetarian meal instead of vegetarian meal, then the OPs official/airhostess replied that vegetarian meal was finished that’s why they served non-vegetarian meal and in that manner the OP No. 1 & 2 knowingly contaminated the complainant’s religion. It is further alleged that the complainant marked several mails after reaching his home in India on 1.7.2016, 2.7.2016 and so on to the OP No.1 and 2, but they again failed to resolve the issues and compensate the complainant. It is further alleged that it was disheartening to see that airlines run by Indian company led to such horrible experience for the complainant and his family. It is further that the complainant and his family members have been harassed by all the OPs by not providing good services after getting huge amount. It is further alleged that a legal notice was served upon the OPs on 9.8.2016, but the same was not replied by the OPs. Thus, there is deficiency in service on the part of the OPs. Hence, this complaint.
2. OP No.1 & 2 on appearance filed contested written statement alleging therein that this Forum has got absolutely no jurisdiction to try, entertain or adjudicate upon sham and bogus complaint filed by the complainant, as no cause of action whatsoever has accrued to the complainant at Bhiwani against answering OPs. It is further alleged that the copies of alleged mails dated 3.5.2016, 5.6.2016, 6.6.2016, 1.7.2016 & 2.7.2016 have not been supplied to the answering OPs and the same are fake and manipulated. It is further alleged that the complainant is guilty of contemptuously fabricating false pleadings, therefore, he be prosecuted and punished under Section 340 Cr. P. C. read with Sections 193 & 199 IPC. It is further alleged that the complaint is fake and manipulated despite the fact that the aircraft is cleaned and after checking individual zones for cleanliness boarding is started and clearance is given to the C.I.C. and regarding IFE system it’s cabin crew standard operating procedure to reset the IFE and to fix it as soon as possible as it is a very long flight and answering OPs do understand the importance and need of IFE. It is further alleged that had complainant told the crew regarding IFE, it is not possible that not even one of crews would do the resetting, if not all, as crew of answering OPs did not hold any personal grudge with complainant or any of his family members. It is further alleged that proper pre-flight check was done and Mr. Rahul Anand was flying as additional crew on that flight and he has substantiated and corroborated about proper pre flight checks and all LAVs were fully serviceable and aircraft was perfectly neat and clean and there was no garbage at all. It is further alleged that the complainant has availed of the entire journey to and fro without an iota of protest or objection on any account whatsoever and as an after-thought has contemptuously fabricated false, fabricated and reckless allegations without an iota of truth with dishonest and mala fide motives to coerce, pressurize and harass answering OPs to cause wrongful loss to them and wrongful and illegal gain to himself. It is further alleged that the notice of the complainant was duly replied by the answering OPs vide reply dated 8.9.2016. Hence, there is no deficiency in service on the part of the answering OPs and prayed for dismissal of complaint.
3. On notice, no one appeared on behalf of OP No. 3 & 4 despite service and the OP No. 3 & 4 were proceeded as exparte by the Forum vide its order dated 15.11.2016.
4. The complainant to prove his case placed on record the documents Annexure C1 to C21 and closed the evidence.
5. Ld. Counsel for the OP No. 1 & 2 has placed on record Annexure R1, Ex. R1 to R5 and closed the evidence.
6. We have heard ld. counsel for both the parties at length and gone through the case file very carefully.
7. The complainant has reiterated the contents of complaint and placed his reliance upon Indigo Airline & Ors. Vs Kalpana Rani Debbarma & Ors., decided by NCDRC, New Delhi on 12.9.2018, Japan Airlines International Vs N.R. Ahuja & Ors, decided by SCDRC, Delhi on 27.2.2018, Sri Banibrata Poddar Vs Air India Ltd., State Commission on 23.2.2108, M/s Interglobe Aviation Ltd. Vs N. Stachidanand, decided by Hon’ble Supreme Court of India on 4.7.2011, Royal Jordanian Airlines & Others Vs Mr. Nanak Singh & Anr., decided by NCDRC, New Delhi on 1.4.2010 and Arindam Kar Vs Oroprietor, Rupashi Cinema Hall, decided by NCDRC, New Delhi on 12.10.2017.
8. The ld. counsel for the OP No. 1 & 2 has reiterated the contents of written statement and placed his reliance upon A. B. C. Laminart Pvt. Ltd. and Ors. Vs A. P. Agencies, Salem, Civil Appeal No. 2682 of 1982, decided on 13.3.1989 by the Hon’ble Supreme Court of India, Bilaspur Casting Factory Vs M. P. Electricity Board, Case No. 429/O of 1995, decided on 22.12.1995 by West Bengal State Consumer Disputes Redressal Commission, Kolkata and Sonic Surgical Vs National Insurance Company Limited, Civil Appeal No. 1560 of 2004, decided on 20.10.2009 by the Hon’ble Supreme Court of India.
9. The first plea taken by the OPs is that this Forum has no territorial jurisdiction to try & entertain the present complaint is not tenable, because the complainant has booked the air tickets through OP No.1, who is running its travel agency at Bhiwani and works for gain by booking various type of tickets, including the air tickets of OP No. 1 & 2. The complainant has placed on record copy of email dated 31.5.2016 received from OP No. 4, as annexure C-5, showing confirmation of the air tickets by Air India. Thus, cause of action accrued to the complainant to file the complaint at Bhiwani and this Forum has the jurisdiction to try, entertain and decide the present complaint. The second plea taken by the OPs is that the copies of alleged mails dated 3.5.2016, 5.6.2016, 6.6.2016, 1.7.2016 & 2.7.2016 have not been supplied to the answering OPs and the same are fake and manipulated, is also not tenable, because the complainant has placed on the file the copies of various emails sent to the OPs No. 1 & 2 and further the emails are available with the OPs at their email ID. The third plea taken by the OPs is that the aircraft is cleaned and after checking individual zones for cleanliness boarding is started and clearance is given to the C.I.C. and regarding IFE system it’s cabin crew standard operating procedure to reset the IFE and to fix it as soon as possible as it is a very long flight and answering OPs do understand the importance & need of IFE, is also not tenable, because the complainant has placed on record so many photographs Annexure C19, Annexure C20 & CS as Annexure C21 and from the perusal of the same it is clearly seen that there was garbage in the aircraft, IFE system was also not working at the relevant time and bad sanitation.
10. After hearing the learned counsel for both the parties and having gone through the material available on the records, we are of the considered view that complaint of the complainant deserves acceptance, as there is deficiency & unfair trade practice on the part of the OPs. The citations shown by the OP No. 1 & 2 are not applicable to the facts & circumstances of present case. Moreover, complainant has successfully proved his case by placing on record the copy of certain documents i.e. duly sworn affidavit, copy of emails, copies of air tickets, photographs and video CD of the inner side of the aircraft etc. The OP even failed to rebut the case of the complainant by placing on record some cogent & convincing evidence. It is pertinent to mention here that the OPs No. 1 & 2 in their reply dated 4.6.2016 (attached by complainant at page No. 85) to the emails of the complainant has apologize for the inconvenience caused to complainant. From the above facts, it is clearly proved on record that the OPs No. 1 & 2 have failed to provide satisfactory services to the complainant, for which they charged huge amount from him. Thus, there is gross negligence and deficiency in service on the part of OP No. 1 & 2 and they cannot be allowed to run away from their responsibility.
8. Therefore, in view of the above facts and circumstances, the complaint of complainant is partly allowed with costs. Thus, the OPs No. 1 & 2 are directed to: -
i. To pay Rs.1,00,000/- as punitive damages.
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iii. To pay Rs.7000/- as litigation charges.
The compliance of the order shall be made within 30 days from the date of the order. In case of default, the OPs No. 1 & 2 shall liable to pay interest @ 18% p.a. on total amount as directed above vide clause No. i to iii from the date of default i.e. after 30 days from the date of this order i.e. 22.1.2019. Certified copies of the order be sent to parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: - 22.01.2019.
(Renu Chaudhary) (Parmod Kumar) (Manjit Singh Naryal)
Member. Member. President,
District Consumer Disputes
Redressal Forum, Bhiwani.
