DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Ms. Poonam Rampal wife of Dr. V.K. Rampal r/o 5, Court Road, Amritsar, presently resident of H.No.118, Sector 11, Chandigarh.

                                      ---Complainant.

Versus

1.                 Chairman and Managing Director King Fisher Airlines Ltd., King Fisher House, Western Express High Way, Vile Parle (E) Mumbai, Maharashtra-400057.

2.                 King Fisher Air Lines Ltd., N-42 Outer Circle, Opposite Statement House, Connaught Place, New Delhi 110001.

3.                 King Fisher Air Lines Ltd., SCO 59-60, Sector 9-D, Madhya Marg, Chandigarh-160017 through its Director/Business head/office Incharge etc.

---Opposite Parties.

BEFORE:  SHRI LAKSHMAN SHARMA                 PRESIDENT

                   SHRI JASWINDER SINGH SIDHU       MEMBER

Argued by:  Ms. Geeta Sharma, Adv. for the complainant

                        Sh. Yadvinder Singh Dhillon, Adv. for the OPs

PER LAKSHMAN SHARMA, PRESIDENT

1.                           Ms. Poonam Rampal has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act only) praying for the following reliefs against the opposite parties:-

(i)                to refund the amount of Rs.6,158/- alongwith interest @ 18% per annum.

(ii)             To pay compensation of Rs.2.00 lakhs for harassment, mental agony and extra financial expenditures incurred by her

2.                           In brief, the case of the complainant is that on 19.12.2009 she booked air ticket through internet from the opposite parties for 22.1.2010 for Chandigarh-Delhi-Jaipur sector and return ticket for 26.1.2010 for Jaipur-Delhi-Chandigarh sector. 

                   According to the complainant, on 21.1.2010 she received an SMS on her mobile from the opposite parties intimating her that due to bad weather the flight for Chandigarh-Delhi-Jaipur sector has been cancelled. She was also told that she is entitled to the refund of the ticket.  In such circumstances, she had to hire a taxi for reaching Jaipur and she paid a sum of Rs.4,000/- as fare including toll tax etc. 

                   It has further been averred that before her return journey from Jaipur, on 25.1.2010 she enquired from the opposite parties about the status of the flight.  She was told that the flight will take off at the scheduled time.  So, on 26.1.2010 she went to the airport and checked in for departure to Chandigarh.  The flight was scheduled to take off at 7:30 AM.  However, she was told that due to bad weather the flight will take off late.  She was made to sit at the airport upto 1:30 PM and finally she was informed that the flight has been cancelled.  According to the complainant she had to hire a taxi again on 26.1.2010 for reaching Chandigarh from Jaipur for which she spent a sum of Rs.4,000/- including toll tax etc. 

                   It has further been pleaded by the complainant that her sorrows were not over.  Thereafter, she approached the opposite parties a number of times for refund of the amount paid by her for purchasing the tickets but she did not receive any satisfactory answer nor the amount was refunded to her.  So, ultimately she issued a legal notice on 5.5.2010 upon the opposite parties requiring them to refund the amount but they failed to do so.  According to the complainant, failure on the part of the opposite parties to refund the fare amounts to deficiency in service.

                   In these circumstances the present complaint has been filed seeking the reliefs mentioned above.

3.                           In the reply filed by the opposite parties it has been admitted that the complainant had purchased the tickets mentioned above for Rs.6,158/-.  It has also been admitted that both the flights i.e. for Chandigarh-Delhi-Jaipur sector and Jaipur-Delhi-Chandigarh sector were cancelled on 22.1.2010 and 26.1.2010. According to the opposite parties the flights were cancelled because of bad weather i.e. for reasons beyond their control, and hence they are not liable to pay any compensation for cancellation of the flight nor are liable to refund the amount of the tickets.  However, according to the opposite parities, the complainant was advised to approach their Call Centre Team for refund of the fare as the tickets were booked by her through internet.  It has also been admitted that the staff at Jaipur airport made endorsement regarding the refund of fare.  It has further been pleaded in the supplementary written statement that a sum of Rs.6,158/- has been refunded to the complainant on 23.8.2011. Thus, according to the opposite parties, there is no deficiency in service on their part and the complaint deserves dismissal.

4.                           We have heard the learned counsel for the parties and have gone through the documents on record.

5.                           Annexure C-1 is the ticket which was purchased by the complainant through internet for a sum of Rs.6,158/- for the Chandigarh-Delhi-Jaipur sector and Jaipur-Delhi-Chandigarh.  It is admitted case of the opposite parties themselves that the flights on both the dates i.e. 22.1.2010 and 26.1.2010 were cancelled.  The case of the opposite parties is that the said flights were cancelled because of bad weather.  However, no record or certificate to this effect, issued by the concerned authority, has been placed on record by the opposite parties to corroborate this fact.

6.                           For the sake of argument, even if it is admitted that the flights were cancelled because of bad weather, the opposite parties were required to process the refund of the fare at the earliest. Despite the fact that the complainant was to undertake the journey on 26.1.2010, which was cancelled, the refund was made to her on 5.10.2011 only through cheque dated 23.8.2011 and that too after the filing of the present complaint.  Failure on the part of the opposite parties to process and refund the fare of the complainant at the earliest amounts to deficiency in service.

7.                           Admittedly the complainant has received a sum of Rs.6,158/- being refund of the fare.  However, keeping in view the fact that there was deficiency in service on the part of the opposite parties because of delay in processing and refunding the amount, the complainant is entitled to interest as well as compensation.  

8.                           In view of the above discussion, the present complaint is partly allowed. The opposite parties are directed to pay a lump sum amount of Rs.10,000/- to the complainant towards interest for delay in refunding the amount of the tickets and compensation for the mental agony and harassment suffered by her.

9.                           This order be complied with by the opposite parties, within 45 days from the date of receipt of its certified copy, failing which the amount of Rs.10,000/- shall carry interest @18% per annum from the date of this order till actual payment.

10.                       Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

08.10.2012.

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER