THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 588 of 2014

Date of Institution : 12.11.2014

Date of Decision : 7.10.2015

Mr.Baljit Singh S/o Sh. Satnam Singh R/o H.No. 3441, Gali No.3, Azad Naga, Putlighar, Amritsar

...Complainant

Vs.

China Southern Airlines through its Chairman/Managing Director/Principal Officer sevice through its Branch office at Room No.1, CIP Level, IGI Airport Terminal-3, New Delhi 110037 through its Branch Head

....Opp.party

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainant : Sh. Deepinder Singh, Advocate

For the opposite party : Sh.Sanjeev Sethi,Advocate

Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member

Order dictated by :-

Bhupinder Singh, President

1 Present complaint has been filed by Baljit Singh under the provisions of the Consumer Protection Act alleging therein that he purchased Air tickets through online system from the opposite party for CAD 700.56$ to travel from Delhi to Guangzhou (China) and from Guangzhou (China) to Vancouver (Canada) . According to the complainant the flight reached New Delhi as scheduled on 16.2.2014 but the same was cancelled for that day without assigning any reasons and was rescheduled for the next day morning. Meanwhile the complainant alongwith other passengers were made to stay at REDFOX hotel, where there was no arrangement made for the dinner to the complainant. The next morning the flight took off for Guangzhou (China) and the breakfast was served during the flight which contained the stale sandwiches and when the flight reached the Guangzhou (China) , the complainant was made to stay at Hotel JI AERDENG and even no dinner was served there and when the next day morning the breakfast was served, it was served pork in the garb of vegetarian food. Complainant is a Baptised Sikh and eating of pork is against his religious belief and the complainant made strong protest there. Complainant has further alleged that the Air ticket booked online, clearly stated that the Vegetarian Hindu Meal be served to the complainant. Complainant alleged that in the flight of opposite party from Guangzhou (China) to Vancouver (Canada) of the opposite party again no vegetarian food was available and only stale sandwiches were served which were also not in proper quantity. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to refund the amount of CAD 700.56$ or amount equivalent to it in Indian currency for the tickets alongwith interest. Compensation of Rs. 18 lacs alongwith litigation expenses were also demanded.

2. On notice, opposite party appeared and filed written version in which it was submitted that due to bad weather the flight No. CZ 360 was delayed and rescheduled to next day i.e. 17.2.2014 by the Air Traffic Control and not by the Airlines. The Airlines helped the passengers and provided complimentary hotel accommodation alongwith food facility to all the passengers in REDFOX Hotel. The complainant alongwith other co-passenger namely Mr.Puneet Malhotra also enjoyed complimentary food in their Restaurant named Clever Fox Cafe. Complainant also enjoyed complimentary buffet breakfast alongwith other passengers of China Southern Airlines on 17.2.2014 . It was submitted that no other passengers complaint about the stale sandwiches or other bad quality food served by the REDFOX hotel. It was denied that Guangzhou (China) served him Non vegetarian food. It was submitted that the hotel serves vegetarian and non vegetarian buffet breakfast in their hotel and it was the choice of the complainant /other passengers to have vegetarian or non vegetarian food. It was submitted that flight operation team always checks the food quality before uploading into the aircraft. While denying and controverting other allegations, dismissal of complaint was prayed.

3. Complainant tendered into evidence his affidavit Ex.C-1 copy of air ticket Ex.C-3, copy of e-mail Ex.C-3, copy of apology letter Ex.C-4 alongwith documents Ex.C-5 to Ex.C-8.

4. Opposite party tendered affidavit of Sh. Chen Yong Guang General Manager Ex.OP1, copy of e-mail Ex.OP2.

6. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.

7. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant purchased Air tickets Ex.C-2 through online system from the opposite party for CAD 700. 56$ to travel from Delhi to Guangzhou (China) and from Guangzhou (China) to Vancouver (Canada) for flight of opposite party scheduled on 16.2.2014 from Delhi. The complainant was however, informed that the said flight has been cancelled and was rescheduled for the next day morning. Meanwhile the complainant alongwith other passengers were made to stay at REDFOX hotel, where there was no arrangement made for the dinner to the complainant. The next morning the flight took off for Guangzhou (China) and the breakfast was served in the flight which contained the stale sandwiches . The flight reached Guangzhou (China) and the complainant was made to stay at hotel J I AERDENG where also no dinner was served and when the next (day) morning the breakfast was served , pork was served in that breakfast in the garb of vegetarian food, to the complainant. The complainant submitted that he is a Baptised Sikh and eating of pork is against his religious belief. The complainant further submitted that in the Air tickets Ex.C-2 booked online with the opposite party, it was clearly stated that the Veg. Hindu Meal be served to the complainant. The complainant further alleged that in the flight of opposite party from Guangzhou (China) to Vancouver (Canada) of the opposite party again no vegetarian food was available and only stale sandwiches were served which were also not in proper quantity. The complainant lodged protest with the opposite party vide e-mail datd 5.3.2014 Ex.C-3 and the opposite party vide their reply Ex.C-4 admitted this fact and submitted that there must be some mis-understanding may be due to language impassability and their hotel Aerdeng is equipped with the western buffet breakfast and they also submitted that if there is anything, they can do to make up for their deficiency , they would do their every effort to reduce the impact of the complainant. They apologized for this misunderstanding and also stated that they are looking forward to have forgiveness from the complainant. The complainant also filed affidavit of other co-passengers Gur Amritpreet Singh Ex.C-5, Bagga Singh Ex.C-6, Puneet Malhotra Ex.C-7 and the reply sent by the opposite party to the complainant Ex.C-8 in which the opposite party has also felt sorry for serving pork in the meal to the passengers and they submitted that they respect the religious belief/feelings of the complainant and they had no intention absolutely to hurt the religious belief of the complainant. Ld.counsel for the complainant submitted that as the complainant is a Baptised Sikh and serving of pork to the complainant by the AERDENG hotel in the breakfast amounts to hurting the religious belief of the complainant and the opposite party also did not give proper service during flight, to the complainant. All this amounts to deficiency of service on the part of the opposite party qua the complainant.

8. Whereas the case of the opposite party is that due to bad weather in Delhi flight CZ 360 on 16.2.2014 was delayed and rescheduled to next day i.e. 17.2.2014 by ATC (Air Traffic Control) and not by the opposite party Airlines. So the opposite party was not responsible for the delay or rescheduling of the flight . Opposite party Airlines helped the passengers including the complainant and provided complementary hotel accommodation alongwith food facility to all the passengers in Red fox Hotel and as per the report from Redfox hotel, the complainant stayed in Redfox hotel, Room No. 206 alongwith other passenger named Mr. Puneet Malhotra and also enjoyed complimentary food in their restaurant named Clever Fox Cafe. Apart from this complainant also enjoyed complimentary buffet breakfast alongwith other passengers on 17.2.2014 in the same Restaurant as per reply of Red Fox hotel Ex.OP2 dated 11.12.2014. No other passengers had lodged any such complaint i.e. about stale sandwiches and other bad quality food , as alleged by the complainant. When the flight arrived at Guangzhou (China), opposite party Airlines also provided to the complainant with complimentary stay and food there. Opposite party denied that at Guangzhou (China) Hotel AERDENG, they intentionally served the complainant with non vegetarian food. Vegetarian meal was mentioned for the on board flight not for the hotel stay and hotel serves vegetarian and non vegetarian buffet breakfast or meal in their hotel and it is the choice of the passengers to have vegetarian or non vegetarian food. The complainant is misguiding this Forum for having served with non vegetarian food as the complainant himself has served the food from buffet. The opposite party further submitted that their flights always keep vegetarian food and they never serve stale food to the passengers and their flight operation team always checks the food quality before uploading into the aircraft. So there is no logic in the complaint filed by the complainant. Opposite party has not received any complaint from any of the other passengers on board regarding the stale food. As per reply dated 5.3.2014 the check in timing of the complainant in the hotel on 16.2.2014 is 1.25 hours and during check in there is procedure of hotel to inform guest while key is handed over, they advised the guest about the location of buffet, timing before leaving for room in lobby only. The Red Fox hotel has a coffee shop i.e. 24 hours open and they extend the timing during lay over till last passenger reaches in the hotel. So there was no provisions for dinner as the check in timing of the complainant was 1.25 hours . Opposite party served the complainant to the best of their arrangements. Ld.counsel for the opposite party submitted that in these circumstances there is no deficiency of service on the part of the opposite party qua the complainant.

9. From the entire above discussion, we have come to the conclusion that complainant purchased Air tickets Ex.C-2 through online from opposite party to travel from Delhi to Guangzhou (China) and from Guangzhou (China) to Vancouver (Canada) on the flight of opposite party scheduled from Delhi on 16.2.2014 night. However, the said flight No. CZ 360 dated 16.2.2014 of the opposite party Airlines was delayed and rescheduled to next day i.e. 17.2.2014 by Air Traffic Control i.e. due to circumstances beyond the control of opposite party Airlines. However, opposite party Airlines helped the passengers including the complainant and provided hotel accommodation alongwith food facility to the passengers in REDFOX hotel and as per the report of REDFOX hotel, the complainant stayed in REDFOX Hotel, Room No. 206 alongwith other passenger namely Mr. Puneet Malhotra and enjoyed complimentary food in their Restaurant named Clever Fox Cafe. Apart from this complainant also enjoyed complimentary buffet breakfast alongwith other passengers on 17.2.2014 in the same Restaurant as is evident from REDFOX hotel reply Ex.OP2 dated 11.12.2014. The complainant was accommodated to travel from Delhi to Guangzhou (China) by the opposite party in the same rescheduled flight CZ 360 on 17.2.2014. When the flight arrived at Guangzhou (China) , opposite party Airlines also provided to the complainant with complimentary stay and food at AERDENG hotel where the complainant was served with breakfast of Vegetarian and Non Vegetarian food and it was the choice of the passengers to have Vegetarian or Non Vegetarian food . However, may be due to language impassability/misunderstanding some Non Vegetarian food was served to the complainant for which AERDENG hotel authorities begged Apology from the complainant in their reply Ex.C-4 and they submitted that if there is anything, they can do to make up for their deficiency, they would do their every effort to reduce the impact of the complainant and they also submitted that they are looking forward to have forgiveness from the complainant. These facts are also found mentioned by the opposite party in their letter to the complainant Ex.C-8. So it is clear that some Non Vegetarian food in the form of Pork was served by AERDENG hotel authorities in breakfast to the complainant who is a Baptized Sikh which hurt the sentiments/religious belief of the complainant and that may be due to language problem or inadvertnce on the part of the waiters serving the food at AERDENG hotel Guangzhou (China), who was serving hotel facilities to the complainant and othr passengers on behalf of the opposite party and it amounts to deficiency of service on the part of the opposite party qua the complainant as admitted by them in their reply Ex.C-4 and Ex.C-8. Certainly the complainant is entitled to compensation for the religious sentiments/belief hurt by the AERDENG hotel officials/waiters, who were serving hotel facilities to the complainant and other co-passengers on behalf of the opposite party.

10. Resultantly we partly allow this complaint and the opposite party is directed to pay compensation of Rs. 20000/- to the complainant and litigation expenses Rs. 2000/- to the complainant. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

7.10.2015 ( Bhupinder Singh )

President

/R/ ( Kulwant Kaur Bajwa) Member