F I N A L O R D E R / J U D G E M E N T
Presented by: -
Shri Debasish Bandyopadhyay, President.
Brief fact of this case: - This case has been filed under section 35 of C.P. Act, 2019 by the complainants against the Ops stating that complainants bought 3(three) Air Tickets of Air India (OP No. 1) from Dehradun to Delhi being the Date of Journey on 27/05/2022, Departure Time from Dehradun 16.40 hrs. and complainants also bought another 3(three) connecting Air Tickets of Air India (OP No. 1) from Delhi to Kolkata being the Date of Journey on 27/05/2022, Departure Time from Delhi 20.15 hrs. and as per schedule of the journey complainants planned to finish their respective works so that they can reach Dehradun Airport two hours before its departure time.
Complainants stated that all of a sudden a phone call came in the Mobile No. 7003922278 of Complainant No. 1 on 27/05/2022 at about 1.37pm from Mr. Vivek Ruhela (9781540583) of Alliance Air and informed the complainant that the schedule departure time of the flight of the complainants from Dehradun Airport has been changed and the said flight is going to depart at 2.00pm from Dehradun Airport and in that situation it was impossible for the complainants to catch the said flight as the complainants are far away from the airport and as a result of which complainants missed the flight from Dehradun to Delhi. Complainants rushed at help desk of Air India and informed the incident that as the flight left 2 hrs 40 minutes before its schedule time complainants are unable to catch the flight and complainants also informed that if they do not arrange any further flight complainants shall miss the flight from Delhi to Kolkata and for the first time complainants came to know from help desk that the flight which has been left is with collaboration of Air India and Alliance Air and so they have to go to Alliance Air help desk. Complainants without any delay rushed at Alliance Air help desk for necessary help but they also refused the complainants with the plea that Air India is the appropriate authority for arranging the same and again complainants asked for help at Air India help desk but got no fruitful result in this regard. Finally Alliance Air arranged a flight on 27/05/2022 from Dehradun to Delhi, Boarding Time 19.05 hrs. and assured by S.M. of Alliane Air namely Arati Sharma being Mobile Nos. 9811380609 & 9412055505 that complainants can get the previously booked flight of Air India from Delhi. But due to delay complainants missed the flight from Delhi to Kolkata being fair of 3(three) air tickets amounting to Rs.15,600/- and complainant again asked to arrange flight from Delhi to Kolkata but the Ops refused the same with a plea that there is no room in any flight from Delhi to Kolkata but OP No. 2 Alliance Air issued a “FLIGHT DELAYED CERTIFICATE” in favour of the complainants. Complainants became helpless and under compulsion bought 3(three) Air Tickets from Delhi to Kolkata amounting to Rs.29,400/- for such deficiency of service from the end of the Ops.
Defense Case: - Notice of this case was duly served upon the Ops. But, Ops have not appeared and no W/V has been filed by either of the Ops from the date of delivery of notice, as such, the instant case proceeded ex-parte against the Ops.
Issue(s) / Point(s) for Consideration
On the basis of the pleading of the of the Ld. Advocate of the Complainant, the District Commission for the interest of proper and complete adjudication of this case is going to adopt the following point(s) for consideration: -
- Whether the complainants are the consumers to the Ops or not?
- Whether this Commission (formerly Forum) has territorial/pecuniary jurisdiction to entertain and try the case?
- Whether there is any unfair trade practice on the part of the Ops or there is any deficiency in service on the part of the Ops.
- Are the complainants entitled to get relief/reliefs as prayed for?
Evidence on record
Complainants have filed Examination-in-Chief supported by affidavit and also filed BNA in support of their case.
Whereas Ops have not appeared in the instant case in spite of receiving notice and no other steps has been taken from the end of the Ops.
DECISION WITH REASON
The points of consideration No.1 is related with the question whether the complainants are the consumers under the Ops or not and the points of consideration No. 2 is connected with the question whether this District Commission has territorial and pecuniary jurisdiction to entertain and try this case or not. These two issues are clubbed together and taken up for discussion jointly as because the questions involved in these two points of consideration are interlinked and /or interconnected with one another.
For the purpose of deciding the fate of the above noted two points of consideration, this District Commission after going through the pleadings of the parties as well as evidence on record finds that this case is maintainable and there is cause of action for filing this case by the complainants. It is also revealed that the complainants purchased Air Tickets from OP Nos. 1 & 2 for their journey from Dehradun Airport to Delhi Airport and thereafter from Delhi Airport to Kolkata Airport on 27.05.2023 against payment of money. Money receipt and copy of Air Tickets have been filed by the complainants in this case. These factors are clearly reflecting that the complainants are consumers under the Ops and on close scrutiny of the materials of the case record, it is revealed that the complainants are consumers under Section 2(i)(d)(i)(ii) of the C.P. Act, 1986 to the Ops.
On close scrutiny of the material of this case record it appears to this District Commission that in this case the complainants have claimed Rs.29,400/- from the Ops alongwith compensation and litigation cost which is far below than Rs.20,00,000/-. This matter is clearly reflecting that this District Commission has it’s jurisdiction to try this case. Moreover, after going through the pleadings of the parties, it is revealed that the complainants are the residents of Howrah District and so this District Commission has also territorial jurisdiction for entertaining this case and to try this case.
Now the question is whether this case is barred by limitation or not? In this connection this District Commission after going through the provisions of Section 69 of Consumer Protection Act, 2019 finds that this case has been filed well within the time of 2 (two) years and so this case is not barred by limitation.
All the above noted factors are clearly depicting that this case is maintainable, there is cause of action for the complainants to file this case against the Ops, the complainants are the consumers under the Ops and this District Commission has it’s pecuniary and territorial jurisdiction of entertain and try this case. In view of this position, the above noted two points of consideration are decided in favour of the complainant side.
The points of consideration No. 3 is related with the question whether there is any unfair trade practice and deficiency of service on the part of the Ops or not and the points of consideration No. 4 is connected with the question whether the complainants are entitled to get any relief/reliefs which has been prayed for in this case or not?
For the purpose of determining the fate of the above noted 2 points of consideration, this District Commission finds that there is necessity of making scrutiny of the evidence on affidavit filed by the complainant side. In this regard, it is important to note that the Ops have neither appeared in this case nor filed any W/V or evidence of affidavit to controvert the evidence given by the complainant side. In other words it can be said that the evidence given by the complainant side remains unchallenged and /or uncontroverted as Ops have not filed any interrogatories or any evidence on affidavit to disprove the case of the complainants. After going through the materials of this case record this District Commission finds that there is no reason to disbelieve the unchallenged and uncontroverted testimony of the complainants.
Under the above noted situation this District Commission after scanning the evidence of complainant side finds that it is nothing but the replica of the petition of complaint filed by the complainants. It is also revealed that the complainants by way of filing oral evidence as well as documentary evidence have proved the case in respect of points of consideration Nos. 4 & 5. The case of the complainants is also supported by documents and in this regard, it is important to note that “man may lie but the documents cannot”
A cumulative consideration of the above noted discussion goes to show that the complainants are entitled to get the amount of Air Tickets from Delhi to Kolkata amounting to Rs.29,400/- alongwith interest at the rate of Rs.9% per annum from the date of filing of this case.
In the result,
It is accordingly.
O R D E R E D
That this complaint case be and the same is allowed exparte. It is held that the complainants are entitled to get Rs.29,400/- alongwith interest at the rate of 9% per annum from the date of filing of this case from the Ops.
The Ops are directed to pay the above noted amount to the complainants within 45 days from the date of this judgment otherwise the complainants are given liberty to execute this order as per law.
In the event of non-compliance of the judgment and non-payment of the above noted amount, the Ops shall have to deposit fine amount of Rs.5,000/- in the District Consumer Legal Aid Account of D.C.D.R.C., Howrah.
Let a free copy of judgment be handed over to the parties and their recorded Agents at free of cost.
Let this order be uploaded in the official website of the office of D.C.D.R.C, Howrah.
Dictated & corrected by me.
[Shri Debasish Bandyopadhyay]
President, DCDRC, Howrah
