DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.526/2012

Ms. Kanika Bhasin

D/o Sh. S. C. Bhasin

R/o C8/8600 Vasant Kunj,

New Delhi                                                                    ….Complainant

Versus

Air India

3 Safdarjung Airport

Aurobindo Marg

New Delhi                                                                  ….Opposite Party

                                                  Date of Institution        :      08.10.2012    Date of Order   :    21.02.2018

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

ORDER

Briefly stated, the case of the complainant is that the complainant had gone to Bhubaneswar with her parents and sister via Delhi- Bhubaneswar Rajdhani Express from New Delhi- Bhubaneswar on 31.03.12 by 3 tier A.C. On 01.04.12 unfortunately while travelling the complainant fell down from the upper berth of the train on the floor of the train and both the legs of the complainant got fractured. The condition of the complainant was grievous and she lost mobility.  When the train reached Bhubaneswar she was taken to local hospital and the doctor in Bhubaneswar advised her for operation of the fractured legs but due to certain complications it was not possible to get the complainant operated in Bhubaneswar as the doctor advised her that she should take complete bed rest for a month. After keeping in mind the facilities available in Delhi and being home town the complainant and her parents decided to take the complainant to Delhi in the same condition and get the operation in Delhi only.  It is submitted that the complainant was very serious and the complainant could have only brought back to Delhi on a stretcher. The father of the complainant Sh. S. C. Bhasin enquired about the air tickets and it was informed by the OP that the ticket price was between Rs.7500/- to Rs.8000/- including taxes. The complainant’s father also informed the OP about her condition and requirement of a stretcher. It was informed that airlines charge six times the normal published fare component in case of carriage by stretcher. Father of the complainant having no option ordered for booking of 4 tickets for 02.04.12 evening flight. It was to the utter shock to the father of the complainant when it was brought to his notice by the travel agent OTDC Tours and Travels that the total payable amount for four tickets was Rs.1,46,566/- for 02/4/12, 19:35 flight which was to arrive New Delhi at 21:35. When his father asked for the breakup of the amount it was informed to him that the OP had charged Rs.7838/- each as the ticket fare including taxes for the father, mother and the sister of the complainant but the ticket price for the complainant was told to be Rs.123052/-. The complainant immediately contacted the OP telephonically but no proper response was given to her. In the meantime her condition was deteriorating.  Having no other option, the father of the complainant under protest paid an amount of Rs.1,46,566/- for the 4 tickets. Despite paying the exorbitant amount the conduct of the OP was not upto the mark and quality service was not provided to the complainant as had been assured by the OP. The complainant finally reached Delhi and was operated in Delhi. It is submitted that her father made enquiries about the reasons for such high fare contrary to the rules and regulations but no clear cut information was provided to the father of the complainant. A letter dated 04.04.12 was addressed by the OP to M/s OTDC Tours and Travels in which the breakup of the amount of Rs.123056/- was given by the OP. The normal ticket fare instead of Rs.7838/- was mentioned as Rs.19106/- and stretcher fare as Rs.114636/- stretcher taxes as Rs.8420/- and the total fare being Rs1,23,452/-.  It is stated as under:-

“11. That the OP maximum could have charged only Rs.47,028/- as the fare for stretcher as per their rules only which provide for 6 times the basic fare (6 X Rs.7838/- = Rs.47,028). Shockingly the complainant has been charged Rs.1,23,052/- hence clearly Rs.76,028/- (Rs.123,052 – Rs.47,028) in excess has been charged more than what the rules permit.”

The complainant visited the office of the OP and showed the rules and regulations and requested for refund of the excess amount.  Every time her father had visited the office of OP but no proper reply/reasoning was given by the OP which amounts to malafide intention and the OP is guilty of adopting unfair trade practice and deficiency in service.   Hence, the complainant has filed the present complaint with the following prayers:-

a.       Direct the OP to refund Rs.76208/- towards excess amount charged for the air fare or such other higher sum as may be determined by this Forum;

b.      Direct the OP to pay pendentelite and future interest;

c.       Direct the OP to pay Rs.25,000/- as damages and further Rs.5,00,000/- as compensation for mental and physical harassment and agony suffered by the complainant;

d.      Direct the OP to pay cost of the complaint alongwith advocate’s fee of Rs.25,000/- and miscellaneous expenses of Rs.15,000/-.

In the written statement OP has inter-alia stated that the complaint pertains to the applicable fare for stretcher case ticket. Under the pricing policy of the OP duly published on their website “applicable fare: 6 times of normal published adult Y class Basic fare. All other levies are charged for one passenger.” The charges for a ticket for stretcher case was 6 times the applicable published fare for Y class adult travel and the normal published adult Y class basic fare for sector Bhubaneswar to Delhi was Rs.19106/- at the relevant time. The taxes applicable to the said travel itinerary was Rs.8420/- and the OP had rightly charged a sum of Rs.123056/- and hence there is neither occasion for unfair trade policy nor negligence or deficiency. It is submitted that the case of the complainant being a stretcher case she was not entitled to multiple of discounted fare and no discount is also applicable even to the child and infant availing stretcher ticket. It is submitted that the OP has not charged any excess/higher fare from the complainant and hence the complaint is liable to be dismissed as the complainant is not entitled for any relief as claimed.  It is submitted that the travel agent i.e.  M/s OTDC Tours and Travel had informed the complainant well in advance that as per the terms and conditions of the OP Airlines total payable amount for 4 tickets was Rs.1,46,566/- [ Rs. 7838 (normal discounted fare) X 3 = Rs.23514/- + Rs.123052 (carriage by stretcher charges)]. The complainant had accepted all the terms and conditions of the OP while booking the tickets with the OP’s Airlines and these terms and conditions are applicable to all the passengers under the stretcher case. It is stated that the entire allegations raised in the complaint have been cooked up and fabricated by the complainant only to mislead and misguide this Forum. It is submitted that the stretcher for the complainant was adjusted in the Aircraft by removing 9 seats and only 6 times of normal published adult Y class Basic Fare was charged from the complainant as per the pricing policy of the OP. OP has prayed for dismissal of the complaint.

Complainant has filed a rejoinder. It is denied that the stretcher for the complainant was adjusted in the OP aircraft after removing 9 seats or OP had charged fare on the following terms and conditions applicable on the stretcher cases.

Complainant has filed her own affidavit in evidence. On the other hand, affidavit   of Ms. Monika Thukral, Senior Manager has been filed in evidence on behalf of the OP.

Written arguments have been filed on behalf of the parties.

We have heard the arguments on behalf of the parties and have also gone through the file very carefully.

Ex. C-3 is the copy of a letter dated 04.04.12 written on behalf of the OP to M/s OTDC Tours and Travels, Bhubaneswar wherein stretcher fare for Bhubaneswar - Delhi sector had been informed as follows:-

“ As per the existing fare rules the Stretcher fare (SF-6) is comprising of 6 times  of basic published normal economy class fare and applicable taxes. The fare is subject to change.

OP has filed the copy of the terms and conditions as Ex. OPW-1/A (not marked in the document.) We mark it as mark AA for the purposes of proper identification. Clause 4 thereof is relevant and the same is reproduced as hereunder:-

          “4. Invalid passengers – Stretcher cases

     Eligibility:  An Adult, Child or Infant Passenger will be accepted on stretcher subject to the condition that the patient is accompanied by at least one able bodied attendant who is capable of providing enroute care to the Stretcher Passenger.

                        Persons who are suffering from contagious disease or whose behaviour might be hazardous to other passengers or the aircraft, will not be accepted for transportation.  

        Required           Performa for Stretcher Passenger is to be

Document:        submitted, duly filled and signed by the passenger or next of kin or escort and the attending Physician.

Applicable         6 times of Normal published adult Y class

Fare:                 Basic Fare. All other levies are charged for one passenger.       

        Travel:              Any sectors within India

        Ticket Validity: 1 Year from date of issue

        Advance            Carriage of Stretcher Passenger will be upon

        Purchase:          advance arrangement and subject to the

availability of space.

          Children           (2-11 yrs) No discount applies.

          Infant:              (Under 2 years) No discount applies.

        Day/Flight        Fee applies.

        change:

Refund:             Fee applies.

No refund of the Fare component if cancelled less than 1 hr before scheduled time of departure.”       

If we read both the above stated documents together it will lead to only one conclusion that in a stretcher case the passenger had to pay 6 times of normal published adult Y class basic fare. According to the OP, on the relevant date the normal published Adult Y Class basic fare was Rs.19106/-. If we calculate 6 times amount of Rs.19106/- it will come to Rs.114636/-.

In document Ex. C-3 besides Rs.1,14,636/- stretcher taxes have shown as Rs.8020/-, thus, totalling to Rs.1,23,056/-.  If it is so, the OP had not charged any extra fare from the complainant for providing stretcher to her.  There was absolutely no unfair trade practice or deficiency in service on the part of the OP.  There is absolutely no evidence on the record to show that the Complainant’s father had paid the said amount under any protest. 

In view of the above discussion, we hold the OP not guilty of unfair trade practice or deficiency in service. Accordingly, we dismiss the complaint with no order as to costs.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 21.02.18