Present : Sri A.K. Das, President
Sri L.K. Banerjee, Member
Order no. 16 dt. 21.09.2007
The case being no.335/2004 was filed by Mr. K.K. Mohanty, S/o Sri Dibya Singh Mohanty, of Siddharth Apartment, 10A, Alipore Park Road, Kolkata-27 against the o.ps. viz (1) British Airways Plc. Waterside, P.O. Box 365, Harmondsworth, Middlesex UB7 OGB, England, (2) British Airways, represented by Mr. Joseph Hoimen, Manager East India, L & T Chambers, 5th Floor, 16, Camac Street, P.S. Shakespeare Sarani, Kolkata-17 before the forum praying for various reliefs as specified at page 10 of the main petition.
The case was filed u/s 12 of the C.P. Act, 1986.
The facts of the case are in brief as follows :
That the complainant is an executive of a finance company. That the complainant took soft loan from the company SREI Infrastructure Finance Ltd. with a view to attend the international conference organized by Marcus Evans on “Leasing in Russia and CIS” at Marriott Hotel Amsterdam, Netherland scheduled to be held on 29th & 30th January, 2004. The petitioner deposited delegate fees to the tune of US $ 2,559.56, annex-A and also booked air ticket on 27.1.04 with the o.ps. as follows : on 28.1.04 Kolkata – London on 28.1.04 London – Amsterdam on6.2.04 Frankfurt – London, on 7.2.04 London – Kolkata.
As per the tour itinerary the complainant reached Heathrow Airport London on 28.1.04. Due to cancellation of the corresponding flight from London to Amsterdam as it appears from the exhaustive details contained in the petition of complaint, the petitioner had to undergo ardors suffering and could not attend the programme as scheduled. No arrangement for hotel accommodation, food, corresponding flight and also personal belongings contained in the luggage were available.
The petitioner as a result the petitioner had to purchase new for and to make his own arrangement for hotel accommodation on 28, 29 January 2004 without the help of the o.ps. Though it was the duty of the o.ps. to provide such facility to the petitioner. Due to cancellation of the corresponding flight from London, the petitioner had to incur heavy financial loss viz the hotel booked at Amsterdam for 3 days @ 10 Euro per day had to be paid by the complainant and the purpose of his journey to attend the seminar was not fulfilled as he could not attend the seminar. The petitioner alleged in his petition of complaint that he did not receive any service and good behavior from the. representatives of the o.ps. at London. This caused harassment and mental agony, tension to the petitioner. The complainant made correspondences to the o.ps. stating everything which he had to face during his journey in London but the o.ps. though admitted the alleged allegation regarding deficiency in service but refused to compensate the complainant. The complainant relied on the annexure marked “A-G” in support of his statement. The case is for justice before the forum.
The o.ps. have been contesting he case all along by way of submitting the w/v denying therein very emphatically all the material allegations to the petition of complaint. It is evident from the fact that the complainant purchased air tickets for journey, boarded the plane, disembarked at Heathrow Airport, found no arrangement for corresponding air service, waited there unattended by the o.ps., personal luggage was not available due to emplacement, purchased new clothing for personal use, made arrangement for accommodation and food on his own, could not attend the programme due to non-availability of corresponding flight, had to cancel accommodation at Amsterdam as a result had to suffer tremendous mental agony, suffering and physical harassment for arranging his stay at London without the help of the o.ps. There is no evidence on the part of he o.ps. to prove contrary to the fact as pointed out by the complainant. This is gross deficiency on the part of the o.ps. O.ps. are of international repute. Services rendered by the o.ps. of international repute were insignificant and not befilling to the standard expected of them.
The o.ps. contention as revealed from w/v are not convincing, reasonable, bereft of sound logic and non-application of mind. Annex-G reveals admission of deficiency in service on the part of the o.ps. Passengers while in airflight, airport and after disembarkment in a foreign country are expected to get services as envised in the rules, but in this case the complainant to his alter dismay experienced bitter and tasteless service which could be termed as no service from the o.ps. As a result the complainant was put to inconvenience and harassment mental agony in country where he had no scope to have assistance from other sources.
The forum perused all the documents on record and considered arguments, submissions made by the parties and have to conclusion that the complainant has been able to prove his case to the hilt and accordingly entitled to get relief within the provision of the C.P. Act, 1986. The o.ps. action smacks of dereliction of duty and negligent and deficient in providing service to the complainant as and when the complainant is in dire need of that service.
The o.ps. expressed their regret but provided no compensation as demanded by the complainant.
By taking into consideration all such aspects so long discussed in detail, the forum have no hesitation in coming to a conclusion that the case has merit for consideration and the case succeeds on contest.
Hence,
Ordered,
The o.ps. are directed to pay to the complainant within two months from the date hereof a sum of Rs.2,00,000/-(Rupees two lakhs) only and Rs.2000/- (Rupees two thousand) only respectively as compensation and litigation cost for causing needles mental agony, harassment to the petitioner through its negligence inaction and deficiency. The o.ps. are also directed to pay to the complainant simple interest @ 8% p.a. beginning from this day on the aforesaid sums till the full payment of the sums as ordered is made if the o.ps. do not pay such sums within that time as now given.
This office will make available a copy of this order to the parties free of cost as per rules.
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Member President
