ORDER
By Smt. PREETHI SIVARAMAN.C, MEMBER (President In-Charge)
1. Complainant is a 53 year old man working for his livelihood at Damam and he is suffering with many ailments. Case of the complainant is that he booked a ticket from Damam to Kozhikode in Gulf Air and opposite parties issued a ticket from Damam to Kozhikode via Bahrain. As per the ticket issued, the Gulf Air will take the complainant from Damam on 3-10-2018 at 18.55 hours and they will reach in Kozhikode International Air port on 4-10-2018 at 04.30 hours. Complainant reached the airport in time with his all belonging and the opposite parties informed the complainant that they will first take the complainant to Bahrain and from there to Kozhikode in another flight. The flight was scheduled at 18.55 hours but it left Damam Airport at 8 O’clock in the evening on 3-10-2018 and the flight reached at Bahrain airport within half an hour. When he reached Bahrain Airport, he contacted the staff of opposite parties and they informed that they cannot take complainant to Kozhikode as scheduled and they will make alternative arrangements and directed to wait for some time. But waiting continuous till now .
2. Complainant was not having money to purchase food from the airport and he was virtually lying on the ground and he was not able to sit in the chair due to the excruciating pain. There was no one to help the complainant and the Gulf Air staff left their office without any intimation. At 4.30 in the morning a Police man came and offered tea and he contacted the opposite party Gulf Air authorities. By the interference of that policeman, the complainant was taken to a hotel outside the Airport by the opposite party officials by 7.30 in the morning. On 03-10-2018 from 8.00 PM to 7.30 AM, complainant was suffering. The temperature was very low in airport and was having severe pain. He stayed in the Airport without any sweaters or thermals, painkillers, food, hot water, no proper seats or bed and he suffered a lot. Since the passport was taken by the opposite parties, the complainant was not able to go out and see the doctor. Complainant was having three boxes full of luggage and there was no one to help at the airport.
3. Complainant reached in Kozhikode Airport on 5-10-2018 by 5.00 AM. There was no one to take him to his house. Complainant become a mentally ill person, he is now having uncontrolled hypertension after this incident. Complainant need month long treatment and the job will be lost and it is a horrifying experience for him. After reaching India complainant submitted a complaint to the first opposite party and they had given a toll free No.1-800-1237474 which nobody responded. Opposite party even after getting a complaint not even contacted the complainant. Hence this complaint. Complainant claiming a compensation of Rs.5,00,000/-(Rupees Five lakh only) from the opposite parties for the hardships suffered.
4. Notice sent from this Forum through speed post and opposite parties appeared through their counsel and filed version, counter affidavit and documents.
5. In their version they submitted that complaint is not maintainable either in law or on facts. They admitted that complainant booked for travel in the Gulf Air flight 110/GF 260 from Dammam to Kozhikode via Bahrain on 03-10-2018. They again submitted that Gulf Air Flight from Dammam to Bahrain on 3-10-2018 was hit by a bird strike at the Dammam Airport while on take off and it resulted in delay of 72 minutes for inspection and certification of the airworthiness of the Aircraft. That flight on that date was slightly delayed by another 14 minutes due to operational reasons including time taken for locating a missing passenger and thus there was a total delay of 86 minutes for the flight. The delay of 72 minutes took as the concerned Engineer had to be called from his home to carry out the bird hit inspection and for confirming the airworthiness of the flight. It was for the safety of passengers such meticulous inspection was conducted as per standard protocol.
6. Consequent to the aforesaid delay, the flight from Dammam to Bahrain could reach at Bahrain only at 20.59 hours and the connection flight from Bahrain to Kozhikode was scheduled for departure at 21.25 and it was not found practical to carry the complainant to the said flight. The late arrival of the above flight from Dammam to Bahrain was because of the aforementioned reason which was absolutely beyond the control of the opposite parties. Again they submitted that the complainant was provided with food and accommodation in Golden Tulip star hotel in Bahrain on 03-10-2018. He was rebooked for travel from Bahrain to Calicut in next available Gulf Air flight itself ie, GF260 on 4-10-2018 and complainant reached Calicut at 4.30 AM on 05-10-2018. No personal and physical inconvenience caused to the complainant.
7. As the bird hit was occurred at Dammam Airport and it had become impossible for the Airline to arrange any alternate aircraft within short time to operate the flight to Bahrain on 03-10-2018 , so as to avoid inconvenience to any passenger to get his connection flight. Hence opposite parties are legally not liable to pay any compensation to the complainant as claimed and there is no negligence on their side.
8. In order to substantiate the case of the complainant, he filed an affidavit and the documents produced were marked as Ext.A1 to A4. Ext. A1 is the original medical certificate issued by Dr. Kajakaran dated 11-02-2013 regarding complainant’s mental status. Ext. A2 is the photocopy of Air ticket . Ext.A3 is the photocopy of Boarding Pass from Bahrain to Kozhikode. Ext.A4 is the photocopy of Boarding Pass from Dammam to Bahrain.
9. Thereafter, opposite parties appeared and filed affidavit and one document and that is marked as Ext.B1. Ext B1 series are the copies of WOTP- Daily Movement Report dated 3-10-2018.
10. Points arise for consideration.
1. Whether there is any deficiency of service on the part of opposite parties?
2. If so , Relief and cost?
11. Point No.1
Case of the complainant is that complainant booked an Air ticket from Dammam to Kozhikode in Gulf Air and opposite parties issued a ticket from Dammam to Kozhikode via Baharin. As per the ticket issued , opposite parties will take the complainant from Dammam on 3-10-2018 at 18.55 hours and will reach Kozhikode International Air port on 4-10-2018 at 04.30 hours. The flight was scheduled at 18.55 hours but it left Dammam Airport at 8 O’clock in the evening on 3-10-2018. At Bahrain Air port, opposite parties officials are not there and complainant suffered a lot. He is a patient. Complainant was taken to hotel outside the Airport by the opposite partie’s officials by 7.30 in the morning. From 8.00 PM on 3-10-2018 to 7.30 AM on 4-10-2018 complainant suffered a lot.
12. In the version and counter affidavit opposite parties admitted that complainant booked a ticket for travel in Gulf Air flight GF110/4F260 from Dammam to Calicut via Bahrain on 3-10-2018. Their submission regarding the reason for delay from Dammam was genuine. They produced Ext B1 document which clearly reveals that the above flight hit by a bird strike at Dammam Airport while on takeoff and it resulted in delay of 72 minutes due to inspection and certification of airworthiness of the Aircraft. 14 minutes delay due to operational reasons including time taken for locating a missing passenger. Delay of 72 minutes took as Engineer had to be called from his home. Hence total delay is 86 minutes. It was for the safety of passengers. The above facts are clear from Ext. B1 documents and the aforementioned reason which was absolutely beyond the control of opposite parties. That is true.
13. But the second portion is not beyond the control of opposite parties. There also they submitted that they provided food and accommodation to complainant in a starred hotel namely Golden Tulip in Bahrain and also given alternate carriage in the next available flight . That is also true. But opposite party is no where mentioned, when did they provided the hotel to complainant. As per complainant’s case he is a sick person mentally and physically . After reaching Bahrain Air port at 18.55 hours , he contacted staff of opposite parties and they stated that they cannot take the complainant to Kozhikode as scheduled and they will make alternative arrangements. But there was no one to help and the Gulf Air staff left their office without any intimation. Complainant was not having any money to purchase food from the Airport . He was not able to sit in the chair due to excruciating pain and he was virtually lying on the ground. By 4.30 in the morning one Police man enquired and he offered tea to complainant and contacted the opposite parties. Thereafter opposite parties officials told that they arranged the flight in the evening .
14. As per complainant’s case he stated that due to the inference of the above police man , the complainant was taken to a hotel outside the airport by the opposite party’s officials by 7.30 in the morning . From the hotel , he got food and rest. From 8.PM on 3-10-2018 to 7.30 AM on 4-10-2018 complainant was suffering a lot is partly correct because opposite parties not mentioned in their affidavit or version about when they provided the room and food to the complainant. It is clear deficiency of service on the part of opposite parties. In Ext. B1 the Daily Movement Report they only submitted that customer was provided with accommodation at Golden Tulip hotel on 3-10-2018 but not mentioned about the time. Complainant is a mentally weak person which clearly shows in Ext. A1 documents and his contention regarding the low Airport temperature is also believable. He was not having any sweaters and pain killer tablets, hot water and more over no seat or bed to relax. The contention of the complainant is believable because he filed this complaint before the Commission only because he is suffered a lot in the airport due to the negligent act of the opposite parties at Airport. So clear negligence and deficiency of service on the part of opposite parties.
15. But complainant’s statement regarding there was no one to take him to his house on 5-10-2018 is childish. It is not the duty of opposite parties to receive the complainant at Calicut Air port and dropped him to his house. Another contention of complainant is that he became mentally ill person due to this and he is now having uncontrolled hypertension. But as per Ext. A1 document, the report given by Dr. Kajakaran stated that complainant was his patient for the last ten years for treatment of Schizophrenia. Hence the mental illness caused to the complainant is not due to the above incident. In the complaint, complainant pointed out that after reaching India he submitted a complaint to the first opposite party and they had given toll free No. 1-800-1237474 which nobody responded. But complainant did not produce documents to clarify the above point.
16. The delay caused at Dammam Airport is beyond the control of opposite parties is true. But it is the duty of opposite parties to provide alternate arrangements to complainant after reaching Bahrain Airport. Complainant’s version about reaching Bahrain Airport and the inconveniences caused to him is clear from his submissions . As per Ext. B1 document opposite parties provided accommodation at Golden Tulip hotel on 3-10-2018 . But not mentioned about the time. Nobody will approach a Court or Commission without causing personal inconvenience and hurt to them. Since he is a layman and sometimes he may have been scared when he got into the Bahrain Airport. Sometimes he got the accommodation at mid night. But as an ordinary person having some mental illness (As per Ext. A1) and other physical illness will surely get irritated. So there is clear deficiency of service from the side of opposite parties for a short span of time. Hence they are liable.
17. Point No.2
In view of the above findings, this Commission allows the complaint as follows:-
- Opposite parties directed to pay Rs. 45,000/-(Rupees Forty five thousand only) being the compensation for the deficiency of service committed by the opposite parties and thereby caused inconvenience and hardships to the complainant .
- The opposite parties are directed to pay Rs. 5,000/-(Rupees Five thousand only) as cost of the proceedings.
The liabilities of the opposite parties shall be joint and several.
The opposite parties shall comply with this order within one month from the date of receipt of the copy of this order, failing whichthe complainant is entitled to get12% interestupon the said amount from the date of receipt of the copy of this order till realization.
Dated this 17th day of November, 2020.
