Chandigarh

DF-II

CC/13/2020

Amarinder Singh - Complainant(s)

Versus

Air India Limited - Opp.Party(s)

Adv. Rupali s. Verma

23 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	13/2020
Date of Institution	:	07.01.2020
Date of Decision	:	23.07.2024

 

                                       

 

 

Amarinder Singh aged 41 years son of Sh.Ujjal Singh, r/o H.No.524, Phase 10, S.A.S. Nagar, Mohali.

….Complainant

Versus

1.     Air India Limited, Registered Office at Air India Limited, Airlines House, 113, Gurudwara Rakabganj Road, New Delhi-11001 through its Chairman and Managing Director.

2.     Air India Branch Office at SCO 162-164, Sub City Center, Sector 34-A. Chandigarh through its Regional Manager.

3.     Happy Easy Go India Pvt. Limited, Registered Office at B-317, Lane No:-3, Nanda Farm, Chattarpur Ext., New Delhi-110074.

Corporate Office at First Floor Plot No.883, Phase V, Udyog Vihar, Gurugram, Haryana-122016 through its Managing Director,

Email ID: cs@happyeasygo.com

sales@happyeasygo.com.

....Opposite Parties

 

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
PRESENT:-
	Ms.Neetu Singh, Adv. for the complainant Ms.Suman, Adv. Proxy for Sh.Daksh Prem Azad, Adv. for OP No.2 (Defence of OP No.2 already struck off) Sh.Devinder Kumar, Adv. for OP No.3 (Thr. VC).

 

ORDER BY AMRINDER SINGH SIDHU, M.A. (Eng.), LLM, PRESIDENT

1.         The complainant has filed the complaint alleging therein that on 19.02.2019, he booked a ticket of OPs No.1 and 2 through OP No.3 from New Delhi to Chandigarh scheduled on 12.03.2019 (Annexure C-1) where he had to reach to honour the family commitment.  On 11.03.2019 he boarded the flight from Australia and reached New Delhi on 12.03.2019 at 8:00 AM, India.  In order to check-in for his ongoing flight from New Delhi to Chandigarh, he approached the counter being operated by the OPs and was shocked to know that the OPs had cancelled the flight without any prior intimation. A copy of Delay Certificate dated 12.03.2019 issued by the OPs mentioning the reason for cancellation as "technical reason" is attached as Annexure C-3.  It has further been averred that he requested the OPs for an alternative flight but the officials of the OPs did not pay any heed to the genuine request of the complainant and rather gave him an option for boarding next flight on the following day. After spending about 3 hours at the Airport, already tired of the long journey, he finally booked the flight at exorbitant price to Chandigarh through another airlines i.e. Vistara (Annexure C-4). Subsequently he left for Australia on 25.03.2019 and was regularly in touch with the OPs through emails for refund of the ticket fare along with compensation but to no effect.  Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to refund Rs.2,466/- being price of the ticket and to pay Rs.4,471/- being the price of the alternate ticket along with compensation for mental agony and physical harassment as well as litigation expenses.
2.         In its written version, OP No.3  has stated that the complainant contacted  it on 17.05.2019 i.e. after two months of the cancellation of the tickets and they informed that the complainant can raise the dispute on the online platform so that it can claim refund from the airlines.  The complainant was also advised to obtain the stamp copy from the Airlines so that they can claim full refund from the Airlines as per the terms and conditions of the policy.  It has further been stated that since 02.09.2019 they are continuously making sincere efforts to resolve the issue but the Airlines did not refund the amount nor the stamp copy has been provided by the complainant. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the complaint.
3.         Despite due service, OP No.1 failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 16.12.2021.
4.         Since OP No.2 had failed to file the reply and evidence within the stipulated period of 45 days and as such its defence was ordered to be struck off vide order dated 25.01.2023.
5.         The contesting parties filed their respective affidavits and documents in support of their case.
6.         We have heard the Counsel for the contesting parties  and have gone through the documents on record including written submissions.
7.         It is observed from Annexure C-1 that the complainant had booked the air ticket of OPs No.1 and 2 through OP No.3 from New Delhi to Chandigarh scheduled to travel on 12.03.2019 by paying Rs.2,466/-.   It is also observed that the said flight was cancelled by the OPs No.1 and 2 due to some technical snag. However, the airlines have failed to provide the alternate flight to him due to which the complainant had to purchase the air ticket of another flight i.e. Vistara Airlines by incurring Rs.4,471/- to reach his destination at Chandigarh as is evident from Annexure C-4 (Colly.).  The airlines i.e. OPs  No.1 and 2 have not only failed to make the alternative arrangement of the complainant in another flight  but also failed to refund the price of the air ticket despite his repeated requests which amounts to deficiency in service as also unfair trade practice on their part.
8.         In view of the above discussion, the present complaint deserves to be partly allowed qua OPs  No.1 and 2  and the same is accordingly partly allowed. They are directed to refund Rs.2,466/- being the price of the air ticket and Rs.2,005/- (difference of the alternative air ticket i.e. Rs.4,471/- minus Rs.2,466/- =  Rs.2,005/-) with lump sum compensation of Rs.5,500/- towards physical harassment and mental agony to the complainant.
9.           This order be complied with by OPs  No.1 and 2 within 60 days from the date of receipt of its certified copy, failing which the awarded amount shall fetch interest @ 7% p.a. from the date of its default till the date of its actual realization to the complainant.
10.         The complaint qua OP No.3 stands dismissed.
11.         The pending application(s) if any, stands disposed of accordingly.
12.         Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 23.07.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/-
	(B.M.SHARMA) MEMBER