BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 341 of 2015

Date of Institution: 27.5.2015

Date of Decision  :7.04.2016

1. Dr. Parminder Singh Grover son of S. Sant Singh.
2. Smt. Balwinder Kaur wife of Dr. Parminder Singh Grover both residents of 34, New Golden Avenue, Amritsar

Complainants

Versus

Air India having its office at Court Road, Amritsar through its Manager/Principal Officer

       Opposite Party

Complaint under section 11 and 12 of the Consumer Protection Act, 1986

Present:    For the Complainants       : Sh.S.K.Sharma,Advocate

                For the Opposite Party      : Sh.Bikramjit Singh Arri,Adv.

Quorum

Sh.S.S.Panesar, President

Ms.Kulwant Kaur Bajwa, Member

Sh. Anoop Sharma, Member

Order dictated by:

Sh.S.S. Panesar, President.

1.       Dr. Parminder Singh Grover and Anr., complainants have filed the instant complaint under section 11/12 for award of claim to the tune of Rs. 43,770/-, on the allegations that they purchased confirmed E-Ticket No. 098587741622CI of Air India through Axis Travel Advisors Pvt.Ltd., Amritsar for valuable consideration. As such, the complainants are the consumers as defined under the Consumer Protection Act, 1986 and have a right and locus standi to file the present complaint. As per the tickets purchased by the complainants, they had the following travelling schedule :-

          Amritsar to Delhi           4.12.2014

          Delhi to New York                  5.12.2014

          New York to Delhi                  23.12.2014

          Delhi to Amritsar           24.12.2014

2.       The complainants travelled in the flights as per the aforesaid schedule uptil 23.12.2014. But on 24.12.2014 when the complainants reached  Delhi Air Port through flight AI at 3.00 p.m., the complainants were directed to reach Gate No. 12-A for boarding the flight No. A1016 at 19.30 from Delhi to Amritsar and thereafter they were directed to reach Gate No. 24-A. The complainants were provided boarding passes No. 7 & 8 and at 19.45 and  the complainants boarded the plane as per boarding passes. After few minutes of the boarding of the plane, the complainants were directed to come down of the plane as the flight had been cancelled because of foggy weather condition. The complainants were made to understand that the flight would resume on 25^th December , 2014 at 9.30 a.m. and their luggage will remain in the plane . The  complainants were further assured that they would be adjusted in Taj Hotel for overnight stay. The complainants were further directed to clear their immigration which was also done at the spot. The complainants were directed to collect their luggage from belt No. 10  which was collected by them . After collecting  luggage, the complainants and other passengers were guided out of terminal No. 3 and they were asked  to stand on the road in open braving shivering, cold and without providing any meals or other eatables . The complainants were made to understand that they will be sent to Amritsar by Indo Canadian Bus and finding no alternative, the complainants had to obey the directions of the opposite party. However , from 10.30 p.m. to 12.30 midnight, the complainants kept on waiting their turn to board a bus to Amritsar. But neither the names of the complainants were booked in any bus  nor any seat were provided to them in any bus by the opposite party. In the meantime, at about 11.00 p.m. all the employees of the opposite party disappeared and there was none to attend the complainants and to guide them. Finding no other alternative, after waiting for 2 hours on the road, the complainants at about 12.30 midnight hired a private Cab No. DLIRY 4086 to a guest house and reached there by 1.00 midnight. The complainants made numerous telephonic calls  to the office of the opposite party  , but with no response. As the opposite party failed to make any arrangement for the complainants on 25.12.2014 at 10.00 a.m., the complainants hired Taxi bearing registration No. DL IZ 2520 with driver S. Niranjan  Singh for reaching their destination i.e. Amritsar and the complainants reached Amritsar by 7.00 p.m. The complainants incurred the following expenses:-

3.       Both the complainants are doctors by profession and their one precious day also got wasted purely due to the negligence  and deficiency of service on the part of the opposite party and as such they have suffered financial loss of Rs. 20000/- for one day. The complainants made various representations to the opposite party requesting them to suitably compensate the complainants for in-convenience and harassment suffered by them at their hands. But all such representations of the complainants have been treated with laxity. Hence, this complaint.

4.       Upon notice, opposite party appeared through counsel and filed written reply taking preliminary objections therein inter alia that the present complaint as framed is not maintainable ; That the complainants have not approached this Forum with clean hands and they are guilty of concealment of true and material facts from this Forum ; It is submitted that Air India Flight AI reached at Indra Gandhi International Airport New Delhi and the complainants were to take flight No. A1016 at 19.30 from Delhi to Amritsar. But due to foggy weather condition the flight had to be cancelled . All the passengers were made clear that the flight was cancelled due to foggy weather condition and the replying opposite party then hired the Volvo buses to send the passengers at their destination, who showed their desire to travel through buses. The remaining passengers were told that the flight will be resumed on 25.12.2014 at 9.30 a.m. and all necessary arrangements were made for their meals and stay etc. However, complainants without informing the opposite party themselves went to guest house and on the next day they also did not reach in time and on their own hired the taxi and travelled by taxi. This was done by the complainants themselves on their own accord without giving any information to the opposite party. So there is no negligence on the part of the opposite party ; That the complainants are stopped by their own act and conduct from filing the present complaint ; That the present complaint is bad for mis joinder and non joinder of necessary parties; That this Forum has got no jurisdiction to entertain and try the present complaint. Only the District Forum at Delhi has got the jurisdiction to entertain and try the instant complaint. On merits facts narrated in the complaint have been specifically denied  and a prayer  for dismissal of the complaint with cost was made.

5.       In their bid to prove their case, one of the complainants Dr. Parminder Singh Grover made in the witness box as their own witness and submitted duly sworn affidavit Ex.C-1 in support of the allegations made in the complaint. Complainants also produced documents i.e. copy of letter Ex.C-2, copy of pass port of Smt.Balwinder Kaur Ex.C-3, copy of passport of sh. Parminder Singh Ex.C-4, copy of visa of Smt.Balwinder Kaur Ex.C-5 & C-6, copy of ticket Ex.C-7, copy of boarding pass Ex.C-8, copy of e-mail Ex.C-9.

6.       On the other hand opposite party produced Gurcharan Singh, Station Manager, Air India, Sri Guru Ram Dass International Airport, Raja Sansi as  OP1 and counsel for the opposite party closed the evidence on behalf of opposite party by suffering a separate statement to that effect.

7.       We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

8.       Ld.counsel for the complainants Sh. Sushil Sharma has vehemently contended that it is not disputed that the complainants had travelling schedule as detailed in para 2 of the complaint. It is also not denied that on 24.12.2014 , when the complainants were to board the plane from Delhi to Amritsar by flight No. A1016 at 19.30 p.m., the flight had to be cancelled by the opposite party on account of foggy weather condition. It is further in evidence that the complainants were made to understand that the flight will resume on 25.12.2014 at 9.30 a.m.. But, however, on 24.12.2014 no arrangement for the stay and lodging and boarding of the complainants, was made by the opposite party. Though it is the case of the opposite party that the arrangement of the passengers was made in Taj Hotel for boarding and lodging, but , however, no evidence to that effect was adduced by the opposite party for the reasons best known to them. As a matter of fact , no arrangement of boarding and lodging was made by the opposite party and the passengers were kept in the lurch. The other stand taken by the opposite party has been that,Volvo buses were arranged to carry the passengers from Delhi to Amritsar, but , however, no name of the company of the alleged buses nor any tickets in the name of the complainants have been adduced on record to prove that fact. As a matter of fact no such arrangement was made and on that account & during midnight the complainants had to leave for guest house through a rental taxi. Even on 25.12.2014 at 9.30 a.m. no flight arrangement was made by the opposite party to carry the passengers from Delhi to Amritsar. Therefore, on 25.12.2014 at 10.00 a.m., complainants had to hire taxi bearing registration No. DL IZ 2520 with driver Niranjan  Singh for reaching their destination i.e. Amritsar and the complainants reached Amritsar by 7.00 p.m. It is further contended that both the complainants are doctors by profession and one precious day of them got wasted purely due to negligence and deficiency in service on the part of the opposite party. They have suffered financial loss to the tune of Rs. 20000/- on that account. Besides that they had to pay taxi fare to the tune of Rs. 15370/- as well as catering  for two persons to the tune of Rs. 3000/- while a sum of Rs. 5000/- were spent on night stay arrangement. It is, therefore, contended that the opposite party may be directed to make the loss of the complainants good and they may be directed to pay a sum of Rs. 43,770/- to the complainants; inclusive of damages for mental agony and physical pain ; besides cost of litigation.

9.       On the other hand ld.counsel for the opposite party has vehemently contended that the allegations in the complaint that there was none to look after or provide any boarding or lodging facility to the complainants on 24.12.2014 when the flight in dispute had to be cancelled on account of foggy weather condition, is totally wrong and incorrect. It is admitted that the flight had to be cancelled due to foggy weather condition. But, however, arrangement of the stranded passengers was made in Taj Hotel, Delhi for the night stay and the complainants were further told to board the plane on 25.12.2014 at 9.30 a.m.  Besides that even on 24.12.2014 arrangement of Volvo buses to ferry stranded passengers from Delhi to Amritsar was made and the willing passengers went through those Volvo buses to their destination. There is no deficiency in service on the part of the opposite party. It is on their own accord that the complainants did not avail the boarding and lodging facility provided by the opposite party nor did they avail the bus service provided at the end of the opposite party. The complaint is false and frivolous and has been made with a view to extract money from the opposite party and it is,therefore, requested that the complaint may be dismissed with cost.

10.     We have given thoughtful consideration to the rival contentions.

11.     There is no denying the fact that the complainant Dr. Parminder Singh  Grover and his wife Balwinder Kaur availed the services of the opposite party through Axis Travel Advisors Pvt.Ltd., Amritsar by purchasing Ticket  No. 098587741622CI and as per the ticket purchased by the complainants, they were to travel by air from  Amritsar to Delhi on 4.12.2014, Delhi to New York on 5.12.2014, New York to Delhi on 23.12.2014 and Delhi to Amritsar on 24.12.2014. It is also an admitted fact that on 24.12.2014 flight No. A1016 at 19.30 from Delhi to Amritsar could not take off due to foggy weather condition and the same was cancelled by the opposite party. It is in evidence that no arrangement of boarding and lodging of the passengers, was made by the opposite party. So much so even no arrangement to ferry the stranded passengers including the complainants from Delhi to Amritsar was made through buses. Even  the contention of the opposite party that the arrangement of Volvo buses was made for the purpose, is not proved on record. Further fact that boarding and lodging arrangement was made at Taj Hotel is also not borne out from the evidence adduced on record by the opposite party. Opposite party has produced only one witness Gurcharan Singh, Station Manager, Shri Guru Ram Dass Ji International Airport, Amritsar. But , however, no documentary proof to prove the facts alleged in his affidavit,  have been adduced on record, for the reasons best known to the opposite party. In such a situation, the stand taken by the opposite party that some arrangement was  made in Taj Hotel or some arrangement to ferry the stranded passengers was made through Volvo buses false to the ground. Even otherwise also said Gurcharan Singh is posted at Amritsar Airport and he has no personal knowledge of the happening at International Airport Delhi on 24.12.2014. When there can be documentary proof for the stand taken by the opposite party, with-holding of the same from this Forum, amounts to suppression of real facts from this Court and an adverse inference  is liable to be drawn under the law as enshrined in Section 114 of the Evidence Act. It is in evidence that the complainant had to arrange for rental cab on 24.12.2012 from Airport to guest house and a taxi rental from Delhi to Amritsar. Besides that they had to spend money for catering of two persons , as well as expenses for night stay. Both the complainants were qualified doctors and they had to suffer financial loss for one day and in all the complainants have made a claim to the tune of Rs. 43,770/-.

12.     On quantum of compensation, it is evident that the complainants have not adduced any documentary proof to prove the expenses enumerated in the complaint, yet this Forum can indulge in guess working and  also use its own experience for calculating the damages to be awarded to the complainants. It is settled principle of law that only actual loss is to be compensated. It is not the intention of legislature that some fanciful or exhorbitant amount is required to be awarded as compensation for a civil wrong. In our considered opinion, complainants must have incurred a sum of Rs. 10000/- for reaching Amritsar, from Delhi . Besides that they must have spent a sum of Rs. 1000/- for catering of two persons. Besides that they must have spent an amount of Rs. 400/- for cab rental from Airport to the guest house . Besides that the complainants have suffered professionally also due to wastage of their one day , which is estimated at Rs. 5000/-. As such , the complainants are entitled to recover a sum of Rs. 16,400/- as compensation from the opposite party. The opposite party is also burdened with cost of litigation to the tune of Rs. 2000/-. The opposite party is given one month’s time to make the payment of the awarded amount ; failing which, the awarded amount shall carry an interest of 6% p.a. from the date of order until full and final payment.  Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Announced in Open Forum

Dated : 7.4.2016

/R/                                                                         ( S.S.Panesar )

President

                             ( Kulwant Kaur Bajwa)           (Anoop Sharma)

Member                         Member