BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

R.K.Gupta, Retd. DGP Punjab, r/o H.No.285, Sector 11-A, Chandigarh.

…..Complainant

                        V E R S U S

1.    Chairman-cum-Managing Director, Air India Building, 13th floor, Nariman Point, Mumbai-400021.

2.    General Manager, Frequent Flyer Member Services, Air India, Premier House 5th floor, Plot – 38, Central – MIDC, Andheri – East, Mumbai – 400093.

3.    General Manager, Customer Services, Air India Building, 13th floor, Nariman Point, Mumbai – 400021.

4.    Manager, Air India, SCO No.162-164, Sector 34-A, Chandigarh.

                              ……Opposite Parties

CORAM:   SH.P.D.GOEL                            PRESIDENT

                SH.RAJINDER SINGH GILL                MEMBER

                DR.(MRS) MADANJIT KAUR SAHOTA        MEMBER

Argued by:  Sh.Rohit Sud, Counsel for the complainant.

                   Sh.S.R.Chaudhuri, Counsel for the OPs

PER  DR.(MRS) MADANJIT KAUR SAHOTA        , MEMBER

            Briefly stated, the facts of the case are that the complainant joined the “Joint Frequent Flyer Programme” named as “Flying Returns” of the OPs, whereby the points were to be awarded as per the traveling made through OP Airline and the same can be redeemed for getting free airline tickets or to adjust as part payment for future traveling. The complainant filled the requisite Membership form (Ann.C-1) and became the Member of said Programme w.e.f. 31.1.1998 (Ann.C-2).  Thereafter, the complainant kept on traveling through the airline of the OPs and accumulated 175573 frequent flyer points till 15.8.2002 (Ann.C-3). It is averred that the complainant wanted to travel from Delhi to New York in February, 2003 and he requested the OPs to book a return ticket but the OPs responded vide letter dated 20.12.2002 (Ann.C-4) that he has a total point of 187930 and for the traveling, he was required of 188000 mileage points, therefore, he should make the payment of balance of Rs.70/- within a period of 45 days but due to some personal reasons, he never traveled. The complainant had informed the OPs about his change of address vide Ann.C-5.  It is also averred that as per the statement dated 15.5.2004 (ann.C-6), the OPs had redeemed all his points. The complainant contacted the OPs for crediting the points back to his account, but despite repeated requests vide letter dated 7.1.2008 (ann.C-7), they did not do so. The complainant again wrote a letter dated 6.2.2009 (Ann.C-8), whereby he explained that he had never utilized the mileage points and further requested to issue fresh.  Thereafter, the OPs contacted the complainant on 1.4.2009 and informed him that he had utilized the mileage points for his travel from Delhi to New York in August, 2003, but the complainant submitted that he had never traveled as is clear from copy of passport Ann.C-9. The complainant while explaining all circumstances wrote letter dated 6.2.2009 on 29.5.2009 (Ann.C-10). The complainant also sent reminders dated 21.7.2009 and 19.8.2009 (Ann.C-11 & C-12) to the OPs and the OPs vide letter dated 11.9.2009 (Ann.C-13) had communicated that since the points were required to be utilized prior to June, 2007, therefore the same cannot be credited to his account. Then complainant wrote a detailed letter dated 11.12.2009 (Ann.C-14) to OP No.1 thereby clarifying the complete set of events and demanded an inquiry of the matter, whereupon OP No.1 vide letter dated 28.1.2010 (Ann.C-15) clarified that the mileage points were exhausted not on account of the use or issuance of ticket to the complainant but on account of not utilization during the relevant period. The OPs never restored the points wrongly redeemed by them to the account of the complainant. Due to this act of OPs, the complainant has suffered a lot. Hence, this complaint.

2]         OP filed the reply, wherein, it has been pleaded that mileage points earned in Flying Returns and add on mileage points transferred to Flying Return upto 31st December 2003 were valid for redemption or utilization upto 31.12.2006. However, in order to enable members to redeem these points, the validity period was extended upto 30.6.2007. It has been further pleaded that the complainant was issued Award Authority on 5.11.2002 and the tickets had to be issued within 45 days from the date of the authority. It has been further pleaded that in July, 2003, he applied for a fresh authority, which was issued on 1.8.2003 subject to payment of Rs.1908/- (route being different needed more points) and the tickets within 45 days from the date of the authority but he never used this authority even in August, 2003 and in terms of the Rules of Business governing the scheme, the points earned upto 31.12.2003 could be redeemed/utilized upto 31.12.2006. However, the period was extended· upto June, 2007 to enable members to redeem the points standing to their credit. The complainant, however, reverted on 14.11.2008 and sought re-credit/restoration of the points as he had not been able to utilize the same earlier and it was not possible being inconsistent with the norms governing the Flying Returns Programme (Ann.D-1 & D-2). Rest of the allegations have been denied with a prayer to dismiss the complaint.

3]         Parties led evidence in support of their contentions.

4]         We have heard the learned Counsel for the parties and have also perused the record.  

5]         The sole grouse of the complainant against the OPs, in the present case, is that despite his repeated requests of crediting the points back to his account, the OPs have done it otherwise by deliberately denying his privilege of utilization of all the points, for which he was lawfully entitled.  It was further asserted that the OPs might have misused the points accumulated by the complainants. Therefore, the act & conduct of the OPs clearly indicates their indulgence into unfair trade practice and deficiency in providing proper service by firstly wrongly debiting the mileage points of complainant and then denying its utilization to the complainant.

6]         The OPs in their written reply have refuted & controverted the averments that Air India has ever assured the complainant to get the points restored for his personal use.  Moreover, the allegation, pointed out above, is not borne out by any documents on record.  Furthermore, the OPs while completely denying the allegation that they have deliberately denied the privilege of utilizing the flying points earned by the complainant, rather asserted that the complainant was well aware of finer points underlying the Flying Returns Programme.  It was further pleaded that the OPs decision is perfectly legal and consistent with the underlying policy of the Flying Returns Programme.

7]         After carefully perusing the documents placed on file as well as going through the pleadings of the parties in order to determine the case conclusively, the focus was mainly made on Ann.D-1 & D-2 placed on filed by the OPs.

8]         Annexure D-1 is a noting wherein the matter of mileage points earned by the complainant-R.K.Gupta has been dealt with by the OPs.  The relevant extract of said document reads as under:-

“By the end of July 2003 he applied for a fresh authority for the sector Del-Lon-Jfk-Del. And by reversal of the above ticket he was issued with a fresh authorization letter on 1^st August 2003 by making a payment of 1908 top up mileage points (TUMPS) as the points requires were 191200 for Del-Lon-Jfk-Del with a noting that the ticket should be issued against the authority within 45 days from the date of issuance of Award Authority…..

Meanwhile lapsing exercising took place on 30^th June 2007, as per the rules of Flying Returns the points accrued till 31^st December 2003 were to be utilize till 31^st December 2006 which got lapsed in June 2007.  Mr.Gupta had already used those points for the ticket Del-Lon-Jfk-Del, but he reverted on 14^th November 2008 advising FFP Cell to again re-credit the mileages as he cannot utilize the same.  But then it was not possible to recredit the points back into your account as they had already lapsed in the interim period.  This was communicated to Mr.Gupta by our official Mr.David D’Chunha, the manager Product Development. 

9]         The OPs have also issued General Advisory to Members (Ann.D-2), wherein it has been specifically mentioned that:-

“A.  All mileage points inclusive of add-on mileage points (AOMPs) accumulated by you since inception of the programme up to 31^st of December 2003 are to be redeemed and ticketed by 31^st of January 2007.  All unused mileage points will automatically lapse and get deleted from your account balance if not redeemed/ticketed by 31^st of January 2007.

B.   The award tickets issued against redemption for such mileage points would have a maximum validity till 30^th September, 2007 and all journeys have to be completed on/before this date.  The validity of the award ticket coupons is not-extendable.” 

10]              Admittedly, the above mentioned condition for redemption of unused mileage points, having validity till 30^th September 2007, was very much within the knowledge of the complainant, which is proved from letter dated 14^th Nov., 2008 (Ann.C-7 Page 33) written by the complainant to the OPs, stating therein that “… in November, 2002, I had requested for a ticket for “Delhi-New York-Delhi” but being got busy in shifting my residence because of transfer, I did not avail the ticket and the same was returned.  As such points shown to be redeemed should be restored and a revised statement be sent to my.”   In another letter dated 6.2.2009 (Ann.C-8), written to the OPs by the complainant, he has specifically stated that “…….the delay on my part for not availing of the points accrued to me on account of frequent flight, may please be condoned and fresh tickets may please be issued….”

11]           Going through the above factual position, we do not find any deficiency in service on the part of OPs as alleged by the complainant. The complainant had requested the OPs to condone the delay, in not availing of the points accrued to him, on account of frequent flights.  The OPs have denied the said request of the complainant as per their policy as well as terms & conditions of the Flying Returns Programme, in a lawful manner, which has been reproduced above.

12]           The non-condonation of delay, as requested by the complainant, cannot be treated a deficiency in service on the part of OPs. It was the sole discretion & prerogative of the OPs to condone the delay or not, which they certainly have declined. Hence, no deficiency is attributed towards OPs.  Rather, the complaint is baseless and holds no water in the circumstances, mentioned above.          

13]        Evaluating the entire case from all angles as well as after analyzing the documents placed on file by the complainant and that of the OPs, we have no hesitation in coming to the conclusion that the complainant has miserably failed to prove his case of alleged deficiency against the OPs.  It can legitimately be said that there is no deficiency on the part of OPs. Thus, the complaint being devoid of merit, must fail and the same is accordingly dismissed.

            Certified copies of this order be sent to the parties free of charge. The file be consigned.