Ex-P A R T E O R D E R
PER SHRI. S.B.DHUMAL - HON’BLE PRESIDENT :
1) In brief, consumer disputes is as under :-
That the Complainant is running an Architectural Company. She is found of traveling in various countries for pleasure and for professional work. The complainant had planned a journey to New York via Paris. She booked one ticket through Travex Travel Services authorized agent of Opposite Party – Air India. It was confirmed and fully paid ticket bearing number 098-5740287150 of 27th June 2008 of Air India flight BOM-CDG-EWR-CDG-BOM. Of Air India flight AI-144.
2) It is alleged by the Complainant that right from the moment she came to the Chattrapati Shivaji Terminal Airport at Mumbai. She noticed deficiency in services of Opposite Party. The said flight was scheduled to leave at 07.20 hrs. but it finally departed at 10.00 hrs. There was no Airport staff to take care of passengers baggage though the flight was delayed. The Complainant is 57 years old lady but there was nobody to assist the Complainant. It was expected from Opposite Party to take extra care of the first class passengers but Opposite Party failed to provide requisite services.
3) According to the Complainant before launching International Flight it was bounden duty of Opposite Party to check the seats to ascertain as together the seats are comfortable in all respect to avoid inconvenience and discomfort to the passenger travelling in the first class. However Opposite Party failed to provide adequate facilities and its amount to deficiency in service on the part of Opposite Party. It is submitted that during the journey commenced on 4th July 2008 CDG-EWR, the flight was scheduled to leave at 14.30 hrs but in fact it left Paris at 19.00 hrs. There was no lounge service available. The Airport Lounge shuts at 14.00 hrs. There was no staff of Air India at the Airport to offer a cup of Coffee or a glass of water to the passengers. The passengers were asked to report to the Airport at 17.00 hrs., as such the Complainant was left her self for 2 hours without any sign of any Air India Staff around.
4) It is submitted that the Complainant is suffering from a chronic back injury, which compelled her especially to opt for First Class ticket. To her utter astonishment and dismay the seat which she was provided with was not in a position to recline to fullest capacity of 180 degree but it could recline only to a small extent. A cushioning was also that of poor quality, which deprived the Complainant of the fullest comfort of First Class Journey. Due to chronic back injury the Complainant used to find difficult to sit upright for any length of time and accordingly she required flat bed to provide requisite comfort. The Complainant found the journey uncomfortable and her back injury was severely aggravated. No other service was made available to the Complainant to minimize her discomfort, despite several calls made to the Airhostess. As a result she was extremely uncomfortable and was in pain and agony she had to be treated by a chiropractor in New York to straighten out her back. For that treatment the Complainant had incurred extra expenses to the extent of $300.
5) It is submitted that the Complainant has preplanned to be in New York to watch the 4th July Fireworks in New York. The aforesaid fireworks in New York are very famous and worth watching. However, due to traumatic situation with back pain as well as the plane delayed and the tardiness and negligence of Airlines services, it was not possible to the Complainant to attend the said fireworks. Thus, the Complainant was deprived of such a beautiful, enjoyable and famous event, due to deficiency services on the part of Opposite Party.
6) It is submitted that on 1st August, 08, CDG- EWR though the Flight actually left on schedule, but, on arrival in Paris the Complainant’s suitcase was found missing. There was no one from Air India at the Baggage Arrival Counter and she finally went to Air France Baggage Desk. The lady seating at counter after much effort managed to get someone from Indian Airlines on the telephone and was asked to take a cab and to bill Air India for the amount to be spent by the Complainant. The Complainant was advised to buy whatever clothes, toiletries etc. she needed and to bill the same to Air India. Thereafter, the Complainant finally left the Airport only at noon on a Saturday after filling out the various forms necessary for her mishandled baggage. Thereafter, the Complainant then had to run around Paris completely jet-lagged to try and buy at least the basics she needed in a space of 2 hours as all the shops would be closed on Sunday.
7) It is contended that the Complainant was due to leave early next morning for the Southwest of France, she informed the airport staff that her baggage, as and when found, should be delivered or/sent to the address of her sister-in-law in Paris as she was to travel out of Paris. She had also various telephone numbers including her mobile number in France, where the Complainant could be contacted. However, nobody from Air India contacted her. The Complainant made at least six different calls at various times to Baggage Services Desk, all through Sunday, Monday and Tuesday. Ultimately the Complainant was called on Sunday and she was informed that her baggage was expected in Paris later in the evening. Then on Monday morning she was told there was no use of other missing baggage. When she called on Monday evening it was informed that her baggage finally been located and that the same would be sent to Bordeaux, where as the Complainant had specifically given instructions that the Bag should be delivered to Paris address. On 5th August, after Complainant had landed she was called again and told that the bag had been located and would be delivered to the Paris address during the evening. Then her sister-in-law called her 30 minutes latter and informed her that her bag had been delivered to her house at 10.30 p.m. on Monday night.
8) According to the Complainant there was complete lack of communication and carelessness between the various departments of the Opposite Party. The Complainant received call from Paris office of Opposite Party from Customer Relations Manager who tendered an apology stating that since limousine car was not available on her arrival at Paris they were sorry and offering her a car service to the Airport on Departure instead. The Complainant had submitted that Paris office of Mrs. Rettiganti was most helpful and she arranged for the refund of the amount the Complainant had spent on the cab from the Airport and on clothes, toiletries etc. It is submitted that on 16th August, CDG-BOM flight was scheduled to leave at 1130 hrs but it was then ‘rescheduled’ to 1400 hrs then to 1530 hrs and finally only left at 1600 hrs. Again, there was no lounge service available nor was any information made available as to when the flight would actually leave. As result the Complainant was left hanging around at the Airport without any adequate information and she had to fend for herself without and adequate services. The gate number mentioned on the Boarding Pass was Gate C87 but there was no staff at that gate and no Aircraft. Cabin crew, who were also waiting there, informed the Complainant that the gate number had been changed to C89. It is submitted that after arrival at Mumbai Airport adequate services were provided to her.
9) On 5th August, 08, the Complainant wrote letter regarding loss of her baggage, to the Air India Services baggage BP 37040, 95716 Roissy CDG Cedex, France narrating her experience of her lost/found baggage. Thereafter she addressed detail letter to Opposite Party about the traumatic experience with their carrier services and demanded refund of fare as well as of adequate compensation for the inconvenience, hardship and deficiency in services on the part of Opposite Party. There was no response to her letter. Therefore, the Complainant through her Solicitors & Advocates M/s. Bilawala & Co. sent letter dtd.01/12/08 to Opposite Party and thereby called upon Opposite Party to pay compensation of Rs.10 Lacs on account of deficiency in services accompanied with negligence on the part of Opposite Party. The Complainant received reply from Opposite Party admitting hardship and inconvenience caused to the Complainant and offered compensation towards dysfunctional seats, which was 1/2RT of the market price issued in the form of an MCO of Rs.64.500/- for travel on Air India only. The Complainant had paid fare much higher than the compensation offered by the Opposite Party. By letter dtd.24/02/2010 the Complainant informed the Opposite Party that thee is no alternative left with her but to initiated appropriate legal proceedings against Opposite Party. In such circumstances the Complainant has filed this complaint. The Complainant has prayed that the Opposite Party be held guilty in deficiency in services coupled with willful negligence and carelessness. The Complainant has demanded compensation of Rs.10,00,000/- from the Opposite Party. She has prayed to direct Opposite Party to pay interest @ 15% p.a. on aforesaid amount till realization of entire amount to the Complainant. She has also prayed for cost of this proceeding.
10) The Opposite Party was duly served with notice of this complaint by R.P.A.D. However, inspite of service with notice, Opposite Party has not appeared before this Forum. Therefore, on 24/06/2010, ex-parte order was passed against the Opposite Party.
11) The Complainant has filed affidavit of evidence and written argument. We heard oral argument of Ld.Advocate Mr. Ganesh Shirke for the Complainant.
12) It appears from the documentary evidence produced on record that the Complainant is about 57 years old lady travelled by Air India flight for journey to New York and Paris on confirmed First Class ticket. According to the Complainant, at the commencement of the journey flight was scheduled to leave at 07.20 hrs. However, it was delayed and departed at 10.00 hrs. It is her grievance that during aforesaid period of 02.40 hrs there was nobody from Air India staff available to take care of passengers and their baggage. Second grievance is that on 4th July, 2008, though flight originally scheduled leave at 1230 hrs left Paris at 1900 hrs. There was no lounge service. Lounge services available at Airport were shut at 14.00 hrs and there was no staff of Air India, present at the Airport to offer cup of coffee or glass of water to the passenger. Thirdly it is alleged by the Complainant that because of her back injury recline seats to the fullest capacity of 180 degree was required but the seat provided to her could recline only to a small extent. The Complainant find it difficult to sit upright for any length of time, as the seat provided to her was reclined less than half way. It caused inconvenience and discomfort to the Complainant and due to faulty bed seat her injury was severely aggravated. Therefore, she was required to take a treatment by a Chiropractor in New York to straighten out her back for which she spent $300. Further it is grievance of the Complainant that due to the deficiency in service on the part of Opposite Party she could not watch 4th July fireworks in New York. Further according to the Complainant, during the course of journey her baggage was misplaced so it caused very much inconvenience to the Complainant. Somebody from Air India at Paris Airport on telephone informed her to take a cap and to bill Air India for the amount to be spent by her. The Complainant was also advised to buy whatever clothes, toiletries etc. she needed and to bill the same to Air India. According to the Complainant, her lost baggage was not traced immediately. There was miscommunication between the various departments of Air India and it caused inconvenience and mental agony to her. Lastly her lost baggage was found. It is to be noted that the Complainant in her complaint para no.10 has admitted that at Paris Airport Mrs. Rettiganti from Air India office helped her and arranged for the refund the amount the Complainant had spent on the cab from the Airport for purchase of clothes and toiletries etc.
13) Ld.Advocate for the Complainant has referred to the correspondence between the Complainant and Opposite Party and submitted that after receipt of notice from the Complainant’s advocate Opposite Party has not given proper response. He has requested to grant adequate compensation to the Complainant for inconvenience, mental agony and hardship caused due to deficiency in service on the part of Opposite Party.
14) In this case Opposite Party has not appeared before this Forum. The Complainant’s evidence is remained unchallenged. It appears from the evidence of the Complainant that some time there was delay in flight about 2-3 hrs from schedule time and it caused inconvenience to the Complainant. It is true that Complainant was first class passenger but the Complainant has not adduced any evidence to prove that Opposite Party airline had assured to provide 180 degree reclining seat to the Complainant throughout the journey. The Opposite Party in their letter dtd.10/12/08 has tendered an apology for not providing reclined seats to a ‘Flat Bed’ on 4th July to the Complainant during the course of journey from CDG-EWR, submitting that the Aircraft was a leased Aircraft which has been withdrawn from Air India operation. The Complainant has stated that she was suffering form back injury. The Complainant has not produced any medical evidence to support her contention that she was suffering from back injury. She has not produced bill of $300 spend for taking treatment at Paris. For the inconvenience caused to the Complainant dysfunctional seats, the Opposite Party had offered compensation worth Rs.64,500/- but the Complainant has not accepted aforesaid compensation. During the course of journey the Complainant’s baggage was misplaced at Paris Airport and due to the loss of baggage the Complainant suffered inconvenience and mental agony. However, according to the Complainant officer of Air India at Paris Airport allowed her to take cab from Airport and to purchase necessary clothes and toiletries etc. informing her that Air India will bear the necessary expenses. The Complainant has admitted that Air India has already refunded her the amounts spend for hired cab and on clothes & toiletries etc.
15) The Opposite Party in aforesaid letter dtd.10/12/08 has tendered apology for inconvenience caused to the Complainant. It appears that due to the deficiency in service on the part of Opposite Party, inconvenience and hardship was caused to the Complainant. However, Complainant was claiming exorbitant compensation of Rs.10 Lacs. Considering the facts and circumstances of the case, we think it just to grant compensation Rs.1,00,000/- to the Complainant.
16) The Complainant has claimed interest @ 15% p.a. on compensation from the date of this complaint till realization of entire amount. The Complainant has claimed interest at excessive rate. Considering the facts and circumstances of the case, we think it just to direct Opposite Party to pay to the Complainant interest @ 9% p.a. on Rs.1,00,000/- from the date of this complaint i.e. from 04/03/2010 till realization of the entire amount to the Complainant. Further we think it just to direct Opposite Party to pay to the Complainant Rs.5,000/- towards cost of this complaint. Hence, we pass following order –
O R D E R
i. Complaint No.49/2010 is partly allowed.
ii.Opposite Party is directed to pay compensation of Rs.1,00,000/- (Rs. One Lac Only) to the Complainant for
hardship, inconvenience and mental agony caused to the Complainant alongwith interest @ 9% p.a. on
aforesaid amount from 04/03/2010 till realization of entire amount to the Complainant.
iii.Opposite Party is directed to pay Rs.5,000/- (Rs. Five Thousand Only) as a cost of this proceeding to the
Complainant.
iv.Opposite Party shall comply with the order within the period of 30 days from the date of receipt of this order.
v. Certified copies of this order be furnished to the parties.
