IN THE  DISTRICT  CONSUMER  DISPUTES  REDRESSAL   FORUM   

                                                    SONITPUR  AT  TEZPUR

District:                    Sonitpur  

Present:                    Smti A. Devee

                                      President,

District Consumer D.R Forum,

Sonitpur, Tezpur

Smti S.Bora

Member(F)

District Consumer Disputes

Redressal  Forum, Sonitpur

Sri  P.Das

Member(Gen.)

District Consumer Disputes

Redressal  Forum, Sonitpur

                                                 CONSUMER COMPLAINT NO.20/2016

1.Sri Ananta Goswami                                                   :               Complainant

S/o Late Dr B.K. Goswami

House No.287 Goswami Cottage

Murhateteli, Tezpur

P.O&P.S: Tezpur,

Dist: Sonitpur,Assam

Vs.

1.Air India.                                              :           Opp parties

Airlines House 39 C.R Avenue,

Kolkata-700012.

2.Airport Director

Airport Authority of India,

Tezpur Airport,Dist: Sonitpur,Assam

Appearance:

        Sri Ananta Goswami, Adv.                                                               :               For the Complainant 

        Md. Fazlur Haque,Adv.                                                                     :               For the Opp. party No.1

        Sri Bijoy Basumatary,Adv.                                                                :               For the Opp. party No.2

 Date of argument                :                       06/09/17 & 15/09/17

                                                                                                   Date of Judgment             :               09-10-2017

J U D G M E N T

1. The facts averred under the complaint, in brief, are that Complainant on 27-10-2015 purchased online air ticket of the opposite party No.1 at Rs.2186/-in favour of his daughter Akangsha Goswami for her to undertake journey on 06-03-16 at 8:55 a.m from Tezpur to Kolkata. But on 15-12-16, intimation was made from the opposite party about cancellation of the flight citing “operational” reason without explaining anything further on the terminology-“operational”. This led the complainant to obtain air ticket on 05-03-16 from another airline viz.,Indigo Airlines at a cost of Rs.2725/- and further to bear the conveyance cost of Rs.4000/- for Ms Akangsha Goswami to travel by road from Tezpur to Guwahati airport for her air journey on 06-03-2016 to Kolkata.

Terming the cancellation as arbitrary, unjust and illogical, the Complainant is thus, before the Forum alleging deficiency in service on the part of the opposite parties.

2. Opposite party No.2 contested the case by filing written version, whereas, the written version of opposite party No.1 was rejected for filing the same beyond statutory period. The opposite party No.1 was however, in the interest of fair trial, allowed to take part in hearing of the proceedings. The contentions made under the written version of the opposite party No.2,  in brief, may be stated to be lack of cause of action against the opposite party No.2 as no service was provided by the opposite party to the Complainant and non-joinder and mis-joinder of necessary parties in the case. Denying deficiency of any sort, the opposite party No.2 had prayed for dismissal of the case with cost of Rs.10,000/-for frivolous litigation.
3. Complainant tendered his evidence-in-chief on affidavit exhibiting the air ticket of opp. party No.1 and the communication per e-mail between the beneficiary and the opp. party No.1. Opposite party No.1  examined its Station Manager at Tezpur and opposite party No.2 examined its Director at Tezpur through affidavit exhibiting few documents thereunder. Witnesses on either side were cross-examined.
4. We have carefully considered the entire materials on record inclusive of written argument filed on both sides.

POINTS FOR DETERMINATION     

1. Whether there was deficiency in service on the part of the opposite parties?
2. Whether the Complainant is entitled to get any relief?

            DECISION ON THE POINTS WITH DISCUSSION

5. Fulcrum of the case is that on sudden, arbitrary, unjust and illogical cancellation of the flight from Tezpur, Complainant had to arrange another Air ticket from Indigo Airlines and his daughter had to undertake journey from Tezpur to Guwahati Airport at the cost of Rs.4000/-.The reason of cancellation was shown as “operational”. According to the Complainant the cancellation of flight had caused inconvenience to his daughter and the reason “operational” is a vague term.

6. Learned Advocate Sri Ananta Goswami,for the Complainant, forwarding his written argument, submitted that the opposite party failed to explain the reason of cancellation of the flight and a passenger has got the right to be informed. That apart, it was the bounden obligation on the part of the opposite parties to make alternative arrangement and information to be made available to the passengers in that behalf. Learned advocate has placed reliance on the following judgment-

1.Spice Jet Ltd. Vs. Ranju Aery  reported in 1(2017)CPJ 546(NC)

2.AIR DECCAN vs. TPS PHOOLKA &ORS reported in 1(2015)CPJ 414(NC)

We have meticulously gone through the above judgments.

7. The facts of the instant case recapitulated above clearly demonstrate that the Complainant purchased online air ticket for his daughter for her journey from Tezpur to Kolkata scheduled on 05-3-2016 (written as 06-03-16 in the complaint and evidence on affidavit of C.W.1) Complainant has failed to amend the complaint.
8. On 15-12-2016, intimation of cancellation of the flight was made by the opposite party Air India. That means, intimation was given not at the eleventh hour but before 02 months 20 days of date of journey.
9. Facts of the case under the judgments referred to by Mr Goswami reveal that in both the case the concerned flights were cancelled on the date of journey.
10. We have already observed earlier that in the case before us Complainant received information about cancellation of the scheduled flight before 02 months 20 days of the date of journey. Now, we have to see- whether there was deficiency in service on the part of the opposite parties.
11. The opposite party No.1 failed to submit written version. However, by cross-examining C.W.1 opposite party No.1 has established that on 15-12-15 Complainant’s daughter was informed over telephone that cancellation was under control of Airport Authority of India (opposite party No.2) over the operation of flights.
12. The opposite party No.2 vide its written version submitted that no service was provided to the Complainant.Witness Sri Ravindranath R.Singh for the opposite party No.2, in his evidence stated that flight was cancelled due to operation reason.
13. No evidence is found available on record to show that the Complainant ever made any communication with the opposite party No.2 to know the reason behind cancellation of flight.
14. Ext.A & B are the documents submitted and exhibited by the opposite parties. Ext. A is a letter of intimation to the concerned authority about closure of Tezpur Runway w.e.f 21^st December,2015 for two months. Ext.B is a letter issued through G mail to the Air India informing it about closure of runway and asking it to recall back its officers/staff posted at Tezpur Station till resumption of operation of the runway. Ext.C (corresponding to Ext-2) is the printout of communication per e mail dtd 15-12-2015 between Akansha Goswami and representative of Air India.
15. Ext-C shows that the representative of Air India asked Akangsha Goswami, who at that time was in Kolkata, to visit Kolkata Airport, in the matter of arrangement for her travel to Kolkata. The said representative asked  Akansha “Is there anything else I may assist you with”. Her answer was simple “No”.  
16. The materials available on record clearly reveal that there was no communication between the complainant or his daughter with the opposite party No.2.
17. Complainant in his cross-examination admitted that neither he nor his daughter made any formal request or asked the Air India for alternative arrangement and/or refund of money or for any claim. He also admitted “It is a fact that after the telephonic chatting per Ext-2 neither myself nor my daughter visited the Air India office in connection with refund or anything else”..
18.  In view of the above evidence of the Complainant coupled with the fact of intimation of cancellation given much earlier to the date of journey, we have found no deficiency in service on the part of the opposite parties.
19. In the result, we are of the opinion that the opposite parties are not liable to make any compensation. However, they are liable to refund the price of the Air ticket. Ticket was purchased on 27-10-2015. Since ticket was purchased online, the opposite party No.1 could have taken action for refund at the time of cancellation of the flight. But same was not done. Opposite party No.1 has not even taken any step for refund during the pendency of the case before the Forum. Having regard to this aspect of the matter, we are of the firm view that the Complainant is entitled to interest @6% per annum from the date of purchase of the ticket at Rs.2186/- till realization.

                                                                        O R D E R

            Complaint stands partly allowed with cost of Rs.500/-(Rupees Five hundred)only. The opposite party No.1  is directed to pay Rs.2186/-(Price of the Air ticket) with interest @6% per annum from 27-10-15 till realization with cost of Rs.500/-. The opposite party No.1 is directed to comply with above award within 30 days of receipt of copy of the judgment and order.

Given under our hands and seal of this Forum this 09th day of October, 2017.

Dictated and corrected by:                                                                      Pronounced and delivered

                 ( A.Devee)

                    President                                                                                          (A. DEVEE) 

District Consumer D.R Forum,Sonitpur                                                               President

                             Tezpur                                                                  District Consumer Disputes Redressal Forum,

                                     Sonitpur,Tezpur 

We  agree:-             (P.DAS)      (SMT.S.BORA)                                                                    

                                                                                                                               Member                     Member