DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 252/2021

QUORUM:     

Judgment By: Shri S.S. Malhotra (President)

JUDGMENT

By this judgment the Commission would dispose off the present complaint filed by the Complainant against OP alleging deficiency in service on the part of OP inter alia on the ground of rescheduling the flight. 

1. Brief facts as stated by the complainant in the complaint are that he booked two tickets from Amritsar to Delhi on 12.12.2020 with PNR No.JZ8R3 which was scheduled to fly at 03:20 Hrs (1520 Hrs) and when the complainant reached the Airport she found that counter was closed and then she went to enquiry office where she was informed that the flight was rescheduled in the morning and has already departed at 08:10 Hrs. in the morning. The complainant felt herself deceived and cheated as no information was given by the OP w.r.t. to pre-rescheduling the departure and as such she was mentally harassed as since her reaching Delhi was of an utmost importance, she purchased another ticket of ‘Vistara Airlines’ and reached Delhi and in this process she has suffered a loss of Rs.15,880/- and as such she has filed the present complaint thereby praying that OP be directed to refund an amount of Rs.15,880/- towards the cost of ticket, Rs.50,000/- as compensation towards mental agony and harassment and litigation charges.
2. The OP was served and has filed its written statement / reply taking various preliminary objections that complainant has not come to the Commission with clean hands, the complaint is an abuse of the process of law, complaint has been filed at belated stage i.e. more than one year and the same is an after thought and there is no cause of action against the OP and therefore complaint of the complainant be dismissed.
3. As far as merits are concerned, it is submitted that complainant was travelling on AI454 on 16.12.2020, the scheduled departure of which was at 12:30 Hrs. but the same was rescheduled rather pre-scheduled to 08:10 Hrs. and since complainant admits that she reached the Airport at 12:30 Hrs. she was late and check-in counter was already closed and flight has already departed and there is no deficiency on the part of OP. It is further submitted that complainant never reached the respondent via emails nor any such record has been filed and therefore complaint of the complainant be rejected. The amount of compensation is stated to be highly exaggerated and therefore complaint of the complainant be dismissed.
4. Complainant has filed Rejoinder to the written statement of OP thereby denying the contents of written statement and has reaffirmed and reiterated the contents of the complaint.
5. Complainant has filed her own evidence by way of affidavit whereas OP has filed evidence of Sh. Vijay Punj Assistant Manager Commercial of OP.
6. Both the parties have filed written arguments.
7. The Commission has heard the arguments and perused the record.

During the arguments it was informed to the Commission that OP had already refunded the amount of the ticket and now the only issue is w.r.t. compensation.  The facts in nutshell are not disputed much as the flight was definitely scheduled for 03:20 Hrs. and it was pre-scheduled at 08:10 Hrs. Complainant alleges that she was not given any information w.r.t. change of time and OP also has not filed any document that it has given any information to the complainant w.r.t. rescheduling or pre-scheduling of the flights, hence deficiency on the part of OP stands established on the face of it.  Since, the ticket amount has already been refunded, the only issue is with respect to the compensation.  The Commission is of the opinion that reasonable compensation has to be awarded to the complainant on account of non-providing requisite information by the OP to the complainant. Complainant also alleges that she has spent Rs.15,880/- on Air Vistara Flight however she has not filed any ticket or bill w.r.t. purchasing of the Air Ticket with Vistara Airline and as such it cannot be said that how much was the cost of the ticket which the complainant purchased for another flight. In absence of any specific details, difference of ticket fare cannot be granted however in view of the fact that OP had not given any information to the complainant w.r.t. pre-scheduling, OP is ordered to pay compensation of Rs.8500/- to the complainant. Since, only compensation is being awarded the amount is without any interest however if the OP would not make the payment within a period of 30 days from the date of receiving of this judgment then OP would be liable to pay interest @ 12% p.a. on Rs.8500/- from the date of order till the date of realization.     

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room. 

Announced on 28.10.2024.