Haryana

Karnal

CC/668/2022

Gurdyal - Complainant(s)

Versus

Air India - Opp.Party(s)

Sanjeev Kumar

18 Dec 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 668 of 2022

                                                        Date of instt.23.11.2022

                                                        Date of Decision: 18.12.2024

 

Gurdyal aged about 22 years son of Shri Satpal Singh, resident of VPO Gonder, Tehsil and District Karnal. Aadhar no.8095 4316 7299.

 

                                               …….Complainant.

                                              Versus

 

Air India, Airlines House 113, Gurudwara Rakabganj Road, Sansad Marg Area, New Delhi-110001, through its Authorized Signatory.

 

…..Opposite Party.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Ms. Neeru Agarwal……Member 

      Ms. Sarvjeet Kaur…….Member

 

Argued by: Shri Sanjeev Kumar, counsel for the complainant.

                   Shri Suraj Mandhan, counsel for the OP.

 

                    (Sarvjeet Kaur, Member)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that on 29.11.2021, complainant being a student of Spring College International Singapore (Passport No.V3695201) had purchased an AIR Ticket from the OP for 07.12.2021, by paying price value of Rs.7374/- and the flight timing was 21.55 o’clock from IGI Airport Delhi to Singapore and the same was confirmed as PNR no.HW68W. The abovesaid flight was in VTL category i.e. (Vaccinated Travel Lane Category) then after some days the abovesaid flight was cancelled and this information was given by Aadhaar online shop from where the ticket was purchased by the complainant.  It was also informed to the complainant that the journey of the complainant will commence on next day i.e. 08.12.2021 in the same VTL category flight, but unfortunately this flight was also cancelled due to the tragedy happened to CDS Officer Shri Bipin Rawat. The complainant approached the OP at IGI Airport, New Delhi and discuss this situation and OP regretted for inconvenience and the OP was promised to the complainant for making journey on next day i.e. 09.12.2021 and a ticket was also provided by the OP to the complainant, but this ticket was of non VTL category. The complainant when refused to accept the said ticket by saying that this ticket is not valid as per norms of Singapore Immigration, then OP promised the complainant with confirmation and there is no difference between the VTL and non VTL category flight and complainant can make journey with this ticket for going Singapore and no issue will arise at Singapore Immigration. On the assurance of the OP, complainant started his journey on said non VTL air ticket and reached at Singapore Airport and faces the Immigration Authority of Singapore and the Singapore Immigration Authority has questioned about VTL category flight and barred by the Authority to enter into Singapore and the complainant was deported by Singapore Immigration to India through the same flight. The abovesaid flight was returned back at IGI Airport Delhi and on arrival the OP had started illegally demanding the amount of Rs.35000/- from the complainant and threatened that they would not return the Passport of the complainant until and unless the complainant would not pay Rs.35000/- to the OP. Since Passport of the complainant was in custody of the OP, therefore, the complainant was compelled to pay said amount of Rs.35,000/- to the OP, in this way the OP has received aforesaid amount of Rs.35,000/- from the complainant wrongfully/unlawful manner. The deportation of the complainant was due to negligence of OP which was arisen due to non-availability of VTL flight and on account of such reason the travel history of the complainant has also been badly affected. The effect of this deportation is very irreparable and permanent loss of career of the complainant, the complainant was lost lot of amount in process of Visa, admission fees and other travel expenses etc. due to the negligence, unfair trade practice and deficiency in service on the part of the OP. Thereafter, complainant approached the OP several times and requested for refund of the amount of flight tickets which is Rs.42374/-, because the OP had not provided proper services to the complainant but OP did not pay any heed to the request of the complainant and flatly refused to accede the genuine request of complainant. Then complainant sent a legal notice dated 04.10.2022 to the OP but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence, complainant filed the present complaint seeking direction to the OP to make the total payment of tickets amount of Rs.42374/-, to pay compensation amount of Rs.15,00,000/- on account of permanent loss of educational career and facing mental pain, agony, harassment as well as financial loss and to make the payment of Rs.11000/- as litigation expenses.

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to maintainability; cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that the complainant has filed nothing on record with respect of the proof of payment of Rs.35000/- as alleged. It is the responsibility of the passenger who has to bear the charges of deportation. His claim against the charges so paid for deportation is unsustainable as it is unsupported by any proof of payment. It is further pleaded that complainant has no supporting document to prove the ‘permanent education loss’ as alleged.  The true facts are that on 29.11.2021, complainant booked a flight for 07.12.2021 from IGI Airport Delhi to Singapore. The flight was cancelled and the same was duly informed to the complainant by the agent that is Aadhaar Online Shop as mentioned by the complainant in his complaint and the flight was rescheduled to 08.12.2021. On 08.12.2021, the flight was again cancelled due to the tragic incident of the helicopter crash and the death of CDS Officer Shri Bipin Rawat and the flight was once again rescheduled to 09.12.2021. On 08.12.2021, complainant reached IGI Airport for rescheduled flight, however the same was cancelled due to abovesaid reason. Thus, the complainant approached the Air India to book the next possible flight for Singapore so as the complainant could reach his destination as soon as possible. As the VTL category flight was cancelled and on the request of complainant OP arranged a non-VTL category seat. It is not the case that Air India transferred the seat of the complainant from VTL to Non VTL. The same was only done on the request of complainant himself. It is an admitted fact that the complainant was aware at the time of re-scheduling that his travel booked for 09.12.2021 was under a non-VTL category despite the same being aware the complainant himself chose to travel in a non VTL category flight being very well aware about the consequences. However, only in order to shift the responsibility and liability upon the OP, complainant filed the present complaint. It is further pleaded that on reaching Singapore, the complainant was deported back to India as per non fulfillment of the required documents/permission which is bound to be followed by all the Passengers as per rules and regulations of the Immigration Authority of Singapore. Thus, the complainant was deported on the expenses of the complainant as the deportation charges always has to be paid by the deported passenger. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.           

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, ticket confirmation email dated 29.11.2021 Ex.C1, copy of ticket dated 08.12.2021 from Delhi to Singapore Ex.C2, copy of ticket dated 09.12.2021 from Singapore to Delhi Ex.C3, copy of notice to complainant from Singapore Ex.C4, copy of order of removal from Singapore Ex.C5, copy of offer letter to complainant from Spring College International, Singapore Ex.C6, copy of passport Ex.C6A, legal notices and postal receipts Ex.C7 to Ex.C10, consignment status report of notice Ex.C11, copy of aadhar card Ex.C12, copy of Deportee Report Ex.C13 and closed the evidence on 27.10.2023 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Vijay Punj, Assistant Manager Ex.RW1/A and closed the evidence on 05.06.2023 by suffering separate statement.

6.             We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that on 29.11.2021, complainant being a student of Spring College International Singapore purchased an AIR Ticket in VTL category from the OP, by paying Rs.7374/- for 07.12.2021 from IGI Airport Delhi to Singapore. The said flight was cancelled and OP commenced the journey of the complainant on next day i.e. 08.12.2021 in the same category but said flight was also cancelled. On the next day i.e. 09.12.2021, OP provided the ticket of non VTL category.  When complainant reached at Singapore, the Singapore Immigration Authority has not allowed the complainant to enter into Singapore and he was deported by Singapore Immigration to India through the same flight and OP charged the amount of Rs.35000/-. The deportation of the complainant was due to negligence of OP. Due to this act and conduct of OP, complainant has suffered mental pain, agony, lot of harassment as well as loss in his career and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that on 29.11.2021, complainant booked the flight for 07.12.2021. The said flight was cancelled and same was rescheduled to 08.12.2021. On 08.12.2021, the flight was again cancelled due to tragic incident of helicopter crash and flight was once again rescheduled to 09.12.2021. As VTL category flight was cancelled and on request of the complainant OP arranged a non-VTL category seat. Complainant was aware at the time of rescheduling that his travel booked for 09.12.2021 was under a non-VTL category. On reaching Singapore, complainant was deported back to India as per non-fulfillment of the required documents/permissions, which was bound followed by the complainant as per rules and regulations of the Immigration Authority of Singapore. There is no fault on the part of the OP and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, complainant booked a flight for 07.12.2021 from Delhi to Singapore. It is also admitted said flight was cancelled and same was rescheduled for 08.12.2021. It is also admitted on 08.12.2021, the flight was again cancelled and again reschedule for 09.12.2021. It is also admitted that complainant was deported by Singapore Immigration Authority.

11.           Complainant booked the VTL category i.e. (Vaccinated Travel Lane Category) being a student of Spring College International, Singapore had purchased the VTL category air ticket Ex.C1 dated 29.11.2021. It is not a case of the OP that complainant had  not purchased the VTL category air ticket. The flight had been cancelled twice. Complainant stayed at Delhi Airport for 07.12.2021 to 09.12.2021. Complainant took admission in Spring College International, Singapore vide admission letter Ex.C6 dated 28.10.2021 for course of Advanced Diploma in Hospitality and Tourism Management. The date of the commencement of the said course was 03.01.2022 and duration of the course was nine months.

12.           The flight was cancelled on 07.12.2021 and 08.12.2021. The course of the complainant was to be started on 03.01.2022. For avoiding any complications, complainant had booked the VTL category flight. On 09.12.2021, OP provided non-VTL category ticket to the complainant and complainant has refused to accept the said ticket by saying that said ticket is not valid as per norms of Singapore Immigration but OP assured the complainant that there is no difference between the VTL and non-VTL category flight. On the assurance of the OP, complainant had gone to Singapore but Singapore Immigration Authority had not allowed to enter the complainant in Singapore on the ground that complainant had made a journey in non-VTL category flight. When the complainant booked the VTL category ticket, then it was the duty of the OP to provide the VTL category ticket to the complainant. It was also the duty of the OP not to allow the complainant to travel in VTL class flight, knowing that non-VTL category passenger cannot enter in Singapore. Thus, the act of the OP amounts to deficiency in service and unfair trade practice.

13.           Complainant purchased the air ticket for the sum of Rs.7374/- and also paid Rs.35000/- for expenses for deportation from Singapore. Complainant could not join the course in time. The career of the complainant has been spoiled on the wrong act of the OP. Hence, in view of the above, complainant is entitled to refund of the abovesaid amount alongwith interest and heavy compensation.

 14.          Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to refund the amount of Rs.42374/-(Rs.7374+Rs.35000) alongwith interest @ 9% per annum from the date of filing the complaint i.e.23.11.2022 till its realization to the complainant. We further direct the OP to pay Rs.50,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.11,000/-for the litigation expenses. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:18.12.2024

         President,

      District Consumer Disputes                            

      Redressal Commission, Karnal.

 

                   (Neeru Agarwal)             (Sarvjeet Kaur)

                         Member                         Member