O R D E R <br /> <br /> Paul Gomez, Member.<br /> <br /> The factual summary of the case as stated by the complainant is as follows: <br /> On 31-08-07, the complainant had booked two way tickets to travel between Kochi and Delhi via Chennai. Due to some technical reasons, the flight from Delhi to Chennai was delayed by 2.45 hours. Apprehending that he might miss the Chennai-Cochin flight of the same airways, he had approached the concerned authorities of the opposite party air ways requesting them either to make alternate arrangements for his Chennai-Cochin sector journey or to refund the flight fare for the same. He asserts that he had approached several authorities one after another, but all in vain. At last, when he arrived at Chennai, the flight to Kochi had already gone. He could reach home only after undergoing much hardships and suffering. Thereafter, he requested the opposite parties several times to comepnsate the loss occurred him. When he found that the response was poor, he filed a complaint in the Forum praying reliefs and costs from the airways.<br /> 2. The opposite parties entered appearance and filed version contending as follows: <br /> They admit that the complainant had booked air flight tickets to travel to Delhi and back via Chennai.The scheduled time for take off the aircraft from Delhi on 31-08-07 was 12 hours. While the aircrafts getting ready for its take off the airconditioner was damaged due to lightning. Therefore the opposite party was coinstrained to arrange an alternative flight to avoid inconvenience to the passengers. Eventually, the flight was able to take off after a delay of 2.30 hours. Inspite of the maximum effort on the part of the opposite party, the delay could not be avoided. Ext.B1 series testifies the same. Moreover, the SMS message regarding the mishap has been sent to each and every passenger in time. Ext.B3 series shows the same. The complainant had neither got his ticket cancelled nor re-scheduled before departure of the flight. The opposite party is willing to refund only Rs. 225/- being the tax amount in respect of the ticket.<br /> 3. Neither proof affidavit nor oral evidence was submitted by both the parties. Exts. A1 to A5 were marked from the side of the complainant and Ext.B1 to B5 were marked on behalf of the opposite parties. The opposite parties have filed argument notes. Arguments were vehemently putforth by both parties in support of their respective stands.<br /> 4. In our opinion, the following short points deserve our consideration:-<br /> <br /> I) Whether the purported cancellation of air ticket in respect of <br /> Chennai-Kochi flight is effective in law or not?<br /> <br /> ii) Whether there is breach of contract on the part of the opposite <br /> parties tantamounting to deficiency in service?<br /> <br /> Iii) What are the reliefs and costs awardable in this case?<br /> <br /> 5. Point No.i):- According to the complainant, when he came to know of the flight delay from Delhi, he had approached the authorities in the airport to get his ticket cancelled in respect of his flight from Chennai to Kochi. This written statement is controverted by the opposite parties by contending that he had not approached the designated athorities through proper channel. Now we may look into the stipulation regarding the procedure for cancellation of a flight ticket. The relevant portion of Ext. B5 is extracted below: <br /> “Tickets can be cancelled only through the Deccan Call Centre and requests for a Credit Voucher can be placed. A Voucher Number, will be issued in the names of the passengers listed on the given ticket, whose ticket has been cancelled”<br /> <br /> It shows that the Deccan Call Centre is the right channel of cancellation. We have to bear in mind that the above stipulation forms part of a bulky printed instruction brochure supplied with the ticket. Often times such instructions handed over to the individuals by dominating parties to a contract, would lead to legal problems when any of those stipulations are violated. These stipulations forming part of 'standard form contracts' would really come to the knowledge of the weak party only after it had been violated by him. In the instant case also, the situation is not different. At the time of booking for the air ticket, the instructions furnished might have been thrown in the waste basket as is usually done by ordinary people in such occasions. In the case of 'take it-or-go' kind of contracts, law does not bestow much respect to such stipulations. In the Indian conditions, it is more so because usually it is printed in the foreign language in small prints, making it beyond the comprehension of such people. Hence the complainant cannot be made bound by the stipulation unilaterally thrust upon him by the airways company. Moreover, when the unforeseen incident occurred he had done whatever was possible in such a situation. His statement in the complaint that he had appealed to authorities one after another to get his onward flight from Chennai to Kochi cancelled, cannot be disbelieved in view of the peculiar situation that emerged after the delay of the flight. Those authorities could have instructed him to contact through proper method. A sympathetic approach was wanting from the side of the officers of the company. Therefore we are constrained to hold that whatever little was possible for him in that particular circumstances has been more or less satisfactorily done by the complainant in order to get his ticket cancelled. This take us to the inevitable conclusion that the cancellation of the air ticket concerning the flight over Chennai-Kochi sector was effective in law. It is irrelevant whether the authorities of the air service company have accepted or not. Consequently, the opposite parties are accountable for deficiency in service in this regard.<br /> 6. Point No.ii) :- Now we shall address the same from another angle. People resort to air flights mainly to save time. To such persons time is a priceless asset. They are ready to spend more, to gain time. When air service companies issue air tickets, they promise to keep time at any cost. This is an implied term in any contract of carriage. It follows that time is of the essence of such contracts. People from different parts of the globe traverse great distances by air simply to be prompt in the accomplishment of their respective tasks. When an unforeseen contingency arises, it is the duty of the air services to come to the rescue of the passengers in distress. Instead of the passengers approaching the authorities for help, it should be the other way. The authorities must go to the passengers and offer their help in any form including alternative arrangements. In that perspective, there is breach of contract in the instant case, because the company failed in keeping the time schedule. This breach tantamounts to deficiency in service, which has ultimately brought about all the inconvenience and trouble for him. Once again, we come to the same conclusion that the air service company is liable to the complainant for deficiency in service.<br /> 7. Point No. iii) :- In the light of the finding that the opposite parties are guilty of deficiency in service, the complainant is entitled to be compensated. The complainant could not avail the flight opportunity due to the lapse on the part of the opposite parties. As it is calculated from Ext. A1, the flight charge in respect of Chennai-Kochi sector is Rs.2.596/-. Also we cannot ignore the mental agony and anxiety undergone by him while running hither thither in the airport from one place to another seeking cancellation of booking. He arrived in Chennai late in the day and managed to arrange a railway ticket to his home town (Ext. A4 series). He was made to pass through the ordeal mainly due to the irresponsible attitude of the employers of the opposite party's company. Hence he deserves to be recompensed for the mental agony and distress contributed by the deficiency in service. <br /> 8. In conclusion, we allow the complaint and direct that the opposite parties shall pay to the complainant an amount of Rs. 2,596/- (Rupees Two thousand five hundred and ninety six only) being the flight charge from Chennai to Cochin. The opposite parties shall also pay Rs.1,000/- (Rupees One thousand only) towards compensation for mental agony and distress. The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.<br /> <br /> Pronounced in open Forum on this the 31st day of March 2008<br /> Sd/-<br /> Paul Gomez, Member. <br /> Sd/-<br /> A. Rajesh, President.<br /> Sd/- <br /> C.K. Lekhamma, Member.<br /> <br />