Punjab

StateCommission

A/11/344

British Airways - Complainant(s)

Versus

Avatar Singh - Opp.Party(s)

Kunal Chatterjee

22 Jan 2015

ORDER

PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

DAKSHIN MARG, SECTOR 37-A, CHANDIGARH

 

First Appeal No. 344 of 2011

                                                           

                                                Date of institution:   22.02.2011

                                                Date of decision    :   22. 01.2015

 

British Airways, Customer Relations, EU, Compensation Claims, P.O. Box 5619, Sudbury, Suffolk, CO 102 PG, United Kingdon also at British Airways, Valcum Assurance Building, V.N. Road, Churcgate, Mumbai-400020

…..Appellant/Opposite party

                                      Versus

 

1. Avtar Singh, Son of Mehar Singh
2. Kuldeep Singh W/o Avtar Singh

Both resident of 656-C, Punjab Mata Nagar, Pakhowal Road, Ludhiana.

                                                                                                    …..Respondents /complainants

 

First Appeal against the order dated 3.11.2010 passed by the District Consumer Disputes Redressal Forum, Ludhiana.

Before:-

 

          Sh. Baldev Singh Sekhon, Presiding Member

          Sh. Harcharan Singh Guram, Member

 

Present:-

 

          For the appellants                   :         None

          For the respondents                :         Sh. Nitin Thatai, Advocate

         

 

 

BALDEV SINGH SEKHON, PRESIDING MEMBER

                                     

                   This appeal has been filed by the appellant/opposite party (hereinafter referred as ‘OP’) under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’) against the order dated 03.11.2010 passed by the learned District Consumer Disputes Redressal Forum, Ludhiana (in short the 'District Forum') in CC No 118 of 16.02.2010 vide which the complaint filed by the respondents/complainants (herein after called the “complaints”) was allowed and the OP was directed to pay Euro 600 each to the complainants or its equal amount in Indian Currency within 45 days of receipt of copy of the order. Another amount of Rs. 5000/- was awarded on account of litigation costs in favour of the complainant.

2.                Briefly stated, the facts of the case are that both the complainants, who are husband and wife, purchased two return air tickets No. 1253369990982 and 1253369990983 from the OP at Ludhiana on 24.02.2009.  The tickets were confirmed for flights operated by OP from Delhi to Seattle (USA) on 30.04.2009 with return journey on 25.10.2009 from Seattle to Heathrow (London) scheduled to reach Heathrow (London) at 12:00 pm on 26.10.2009. For onward return journey from London to Delhi another flight of the OP was booked which was to depart Heathrow airport at 3:20 pm.  But OP failed to make arrangements for its flight at Heathrow and on 26.10.2009 complainants were intimated about the cancellation about the said flight only on reaching London.  They were asked to stay in a hotel at Heathrow and thereafter, boarded another flight No. BA143 on 27.10.2009 at 11:50 A.M. from Heathrow. They reached Delhi at 1:20 A.M. on 28.10.2009 instead of 4:55 A.M. on 27.10.2009.  It was pleaded that no intimation qua the cancellation of the flight at Heathrow was given by the OP despite issuance of confirmed tickets on 24.02.2009.  It caused a lot of physical and mental agony and discomfort to the complainants who are aged persons.  They were forced to carry four big bags and two hand bangs at Heathrow to reach hotel and back to the airport.  Even Jaswinder Singh son of the complainant hired a taxi on 27.10.2009 at 4:55 A.M. at Delhi and taxi owner charged for waiting charges for 20 hours at Delhi airport.  The OP was liable to pay Euro 600 for the delay in departure of flight besides Euro 100 for mental and physical pain suffered by them and as well as by their son.

3.       The complaint was contested by the OP through written statement pleading therein that the complaint has been filed with ulterior motives.  It is however admitted that confirmed return air tickets were issued on 24.02.2009 to the complainants and that the flight dated 26.10.2009 from Heathrow to Delhi was cancelled.  It was further pleaded that intimation about the cancellation of the said flight was given in advance at the earliest opportunity to the complainants.  They could have intimated their son to avoid extra taxi expenses.  Denying any deficiency in service on their part, dismissal of the complaint was prayed for.

4.       Parties led their evidence by way of affidavits and documents before the District Forum, which after going through the same allowed the complaint in aforesaid terms.     

5.       Aggrieved by this order, OP has come up in appeal on the ground that the District Forum erred in relying upon the documents annexed as evidence of the complainant without there being a pleading in the complaint.  It was submitted that the District Forum further grossly erred in not appreciating that it was lacking territorial jurisdiction as the office of the appellant was admittedly not in Ludhiana.  District Forum has further disbelieved the version of the OP that intimation was given to the complainants about the cancellation of the flight at the earliest possible notice.  It ought to have considered the fact that the complainants stayed in a hotel on 26.10.2009 and boarded the morning flight on 27.10.2009 which shows that the sufficient time was there to make alternate arrangements at Delhi.  It was for the complainants to produce the copy of intimation received from the appellant.  Perhaps they came to know about the cancellation of the flight only after reaching Heathrow airport and not before.  Acceptance of the appeal and setting aside the impugned order was prayed.

6.                We have thoroughly gone through the pleadings of the parties, carefully perused the evidence on record and heard the Learned Counsel for the respondent at length.

7.                Admittedly, the complainants had confirmed air tickets of OP airlines for their return journey from Siattle to London as well as from London to Delhi. The connecting flight (BA-257) was scheduled to depart London Heathrow airport at 3:20 P.M. on 26.10.2009.  But this flight was cancelled by the OP. Thereafter, complainants were stranded and taken to a hotel by the OP.  They boarded flight No. BA-143 on 27.10.2009 at 11:50 A.M. that reached Delhi at 1:20 A.M. on 28.10.2009 whereas the original flight (BA-257) was scheduled to reach Delhi at 4.50 A.M. on 27.10.2009. Thus the complainants reached Delhi late by 20 hours.  Even though the OPs have contended that prior intimation was given to complainants regarding cancellation of the flight but there is no document to support these contentions. The specific case of complainants is that they were intimated about the cancellation of the flight on 26.10.2009  when their flight from Seattle reached Heathrow airport and not before.  The OPs have not even specified the reason for the cancellation of the flight.  It is not their case that the same was on account of any technical reason beyond their control. In any case they were bound to intimate the complainants in advance about the same but failed to do so.  As per the Flight Cancellation Compensation Rules (Ex. C-10), the OP is liable to pay Euro 600 per person on account of cancellation of flight.  Thus, District Forum has correctly allowed a compensation @ Euro 600/-  per complainant.

7.                   In view of what has been discussed above, the appeal of the appellant is dismissed and impugned order of the District Forum is affirmed and upheld.  No order as to costs.

8.                         

9.                 The arguments in this appeal were heard on 14.01.2015 and the order was reserved. Now the order be communicated to the parties as per rules.

 

                                                (BALDEV SINGH SEKHON)

                                                             PRESIDING MEMBER

 

 

 

(HARCHARAN SINGH GURAM)

MEMBER

January 22^nd, 2015

Rupinder