D.O.F:27/07/2022
D.O.O:25/01/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.No.170/2022
Dated this, the 25th day of January 2023
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Vinod Kumar.A
S/o Raghavan Nair,
R/at Kanathil House, : Complainant
Vidyanagar.P.O,
Vidyanagar,
Kasaragod
(Adv. Babu Chandran.K)
And
Chief- Executive Officer
Go-Air lines (India) Ltd,
1st Floor, C, Wadia International Centre, : Opposite party
P.B. Marg, Worli- 400025
Mumbai
ORDER
SRI.RADHAKRISHNAN NAIR.M : MEMBER
The complaint is filed under the section 35 of the consumer protection Act.
The fact of the case in brief is that complainant booked Flight ticket from the opposite party on 24/02/2022 to travel from Kannur to Mumbai on 07/03/2022 in G8 368 as PNR-JDEMGK. While booking the ticket through online, the time of departure from Kannur was shown as 4.30 AM and later he got a message on next day that the Flight time is rescheduled and departure will be at 5.30PM. The time of departure again changed and at last, he got a message that the flight is cancelled due to operational reasons. Since the complainant had already blocked his time and days for official meeting in Mumbai for the whole week there was no choice other than searching for alternative means of travel. Somehow he could book a ticket from Kozhikode to Mumbai in Indigo Air Lines in the next day afternoon. The complainant had to cancel his meeting for the day due to cancellation of flight and the flight from Kozhikode reaching in the evening on that day. On 23/03/2022, the complainant had again booked ticket from Mumbai to Kannur by GO AIR G8370 with PNR GF5V2R to travel on 25/03/2022 evening 3.10 PM. On the previous day the complainant got a message from the opposite party informing that the flight for the next day is cancelled due to operational reason. The complainant called the office of the opposite party and requested to arrange a ticket to Mangalore, which is nearer to his home district. The opposite party demanded the difference of fair from Mumbai to Mangalore, which was more than Rs.7,000/- over and above the ticket the complainant is having. As an alternative the opposite party recommended an option of Mumbai to Mangalore travel next day early morning at 6.AM in the same PNR GF5V2R by paying an additional amount of R.1,358/- over to his existing ticket. The complainant had no choice but to accept that offer. The distance from Bangalore to kasaragod was more than 450kms and the complainant reached Bangalore Airport at 7.AM and waited till 9.PM in the bus stand premise and restaurant to catch the bus. He reached Thalasseri on 26/03/2022 at 5.30 AM and there after Kannur at 9.AM. The complainant suffered huge mental agony and stress and incurred monitory loss, due to cancellation of tickets by the opposite party. Since the opposite party has not refunded the price of the cancelled tickets the complainant had to approach the opposite party several times to get the amount refunded. The complainant caused to send a notice dated 21/06/2022 demanding to pay compensation for mental agony and hardships and monitory loss to which the opposite party sent a reply letter 29/6/2022, raising false contentions. There was noeventualities beyond the control of the opposite party to cancel the flight. There is deficiency of service from the part of the opposite party. The cancelling of the scheduled flight by the opposite party was with ulterior motive. Hence this complaint is filed for a direction to the opposite party to pay an amount of 20,000/- towards compensation and Rs.10,000/- towards cost of the litigation to the complainant.
The notice issued to the opposite party is duly served but they remained absent. The name of the opposite party is called and set exparte.
The complainant filed proof affidavit in lieu of chief examination and marked the documents Ext.A1 to A3. Ext.A1 is copy of lawyers notice dated 21/06/2022, Ext.A2 is the postal receipt, Ext.A3 is reply notice dated 29/06/2022.
Based on the pleadings and documents, the following issued are framed in this case.
- Whether there is any unfair trade practice or service deficiency on the part of the opposite party?
- If so, what is the relief?
For convenience, both these issues considered together.
The specific case of the complainant is that he suffered huge mental agony and stress and incurred monitory loss, due to cancellation of tickets by the opposite party. The complainant booked Flight ticket from the opposite party on 24/02/2022 to travel from Kannur to Mumbai on 07/03/2022 in G8368 as PNR-JDENGK. While booking the ticket through online. The time of departure from Kannur was shown as 4.30 AM and later he got a message on next day that the Flight time is rescheduled and departure will be at 5.30PM. The time of departure again changed and at last, he got a message that the flight is cancelled due to operational reasons. Since the complainant had already blocked his time and days for official meeting in Mumbai for the whole week there was no choice other than searching for alternative means of travel. Somehow he could book a ticket from Kozhikode to Mumbai in Indigo Air Lines in the next day afternoon. The complainant had to cancel his meeting for the day due to cancellation of flight and the flight from Kozhikode reaching in the evening on that day. On 23/03/2022, the complainant had again booked ticket from Mumbai to Kannur by GO AIR G8370 with PNR GF5V2R to travel on 25/03/2022 evening 3.PM. On the previous day the complainant got a message from the opposite party informing that the flight for the next day is cancelled due to operational reason. The complainant called the office of the opposite party and requested to arrange a ticket to Mangalore, which is nearer to his home district. The opposite party demanded the difference of fair from Mumbai to Mangalore which was more than Rs.7,000/- over and above the ticket the complainant is having. As an alternative the opposite party recommended an option of Mumbai to Mangalore travel next day early morning at 6.AM in the same PNR GF5V2R by paying an additional amount of R.1,358/- over to his existing ticket. The complainant had no choice but to accept that offer. Though the distance from Bangalore to kasaragod was more than 450kms. The complainant reached Bangalore Airport at 7.AM and waited till 9.PM in the bus stand premise and some restaurant to catch the bus. The complainant reached Thalasseri on 26/03/2022 at 5.30 AM and there after Kannur at 9.AM. The complainant suffered huge mental agony and stress and incurred monitory loss, due to cancellation of tickets by the opposite party. Since the opposite party has not refunded the price of the cancelled tickets the complainant had to approach the opposite party several times to get the amount refunded. The complainant caused to send a notice dated 21/06/2022 demanding to pay compensation for mental agony and hardships and monitory loss to which the opposite party send a reply letter 29/06/2022, raising false contentions.
The complainant produced the copy of the registered notice and the reply sent by the opposite party. Ext.A1 is copy of lawyers notice dated 21/06/2022, Ext A3 is reply notice dated 29/06/2022. In the reply notice the opposite party did not dispute but admit the booking of the flight tickets by the complainant and the cancellation by the opposite party. In the Ext.A3, the opposite party states that in the case of the circumstances beyond the control, they may cancel or reschedule a flight without notice. It is also stated that they are not at fault for alleged cancellation of flight as we made an arrangement in the next available flight on which the complainant has already travelled.
But the opposite party did not explain as to what circumstance beyond the control of them, the flights cancelled. The complainant argues that there was no eventualities beyond the control of the opposite party to cancel the flight.
Considering the facts and circumstances of this case, and in the absence of rebuttal evidence, this commission is of the view that there is deficiency of service from the part of the opposite party. The complainant was put to several hardships and mental agony due to the cancellation of the flight. He could not attend a meeting. During the return journey from Mumbai to Mangalore, since the flight ticket was cancelled and alternate arrangement was only up to Bangalore, he had to resort to local Bus services to reach his place from Bangalore, which was a strenuous and tiresome effort.
Even though the booking amount was refunded after some time, the hardships suffered by the complainant was not compensated. The complainant submit that the opposite party to be directed to pay an amount of 20,000/- towards compensation and Rs.10,000/- towards cost of the litigation to the complainant. This commission is of the view that an amount of Rs.20,000/- would be a reasonable amount of compensation in this case .
In the result, the complaint is allowed and the opposite party is directed to pay an amount of Rs.20,000/-(Rupees Twenty Thousand only) towards compensation and Rs.5,000/- (Rupees Five Thousand only) as cost to the complainant.
Time for compliance is 30 days from receipt of the copy of this judgment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1: Copy of lawyers notice
A2: Postal Acknowledgment
A3: Reply notice Dt:29/06/2022
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
