THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.576/2012
Dated this the 30th day of July 2014.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
Smt.Beena Joseph, M.A : Member
ORDER
By G.Yadunadhan, President:
The case of the complainant is that on 25.04.2012 complainant had taken a flight ticket to travel from Agathi to Kozhikode on 30.04.2012 for Rs.5829/-. At the time of traveling it is learned that the flight prepared to go through Cochin, but the ticket is up
to Kozhikode. It is assured the flight authority that the passenger after reaching at Cochin, they make necessary arrangement to destination at Kozhikode. Believing the words complainant started to travel, but after reaching at Cochin they refused to travel or make other arrangement to Kozhikode. Due to the deficiency of service by the Opposite party No.1 to 3 complainant had sustained huge loss, apart from the taxi charge Rs.4000/- from Cochin to Kozhikode. It is a clear deficiency of service on the part of opposite parties. Therefore complainant is seeking relief against opposite party No.1 to 3 directing them to pay Rs.7800/- as compensation.
Opposite Party No.1 to 3 after serving notice entered in appearance and filed their version stating that Air India Ltd is not included in the party array. Further the complainant had booked in advance a helicopter and to reach Agatti on 30.04.12 is not known to the opposite party and is subject to strict proof. The flight services from Agatti operatad from Kozhikode based aircraft for which their routing was Kozhikode/Kochi/Agatti and Agathi/Kochi/Kozhikode. On 27.04.12 an e-mail communication was received from Alliance Air stating that A1 9502 which was to depart on 30.04.12 will not operate to the specified route ie.Agatti/Kozhikode but was re-routed to Agathi/Kochi and that the Agatti/Kozhikode and Kochi/Kozhikode Flights will not operate due to operational reasons were communicated to all the Passengers or to the agents through which to the ticket was booked. On 27.04.2012 further those who wished to travel through the revised route were offered an alternate transportation from Kochi to Kozhikode by road transportation free of cost inclusive of refreshment provided for in the air port since no flight other Air India operated to Kozhikode on that day 30.04.2012. Those who opted for the same were transported by the said means to Kozhikode. The complainant had not however opted the said alternate mode of transportation offered to him by the opposite parties., that facilities were not opted by the complainant herein.
The opposite parties 1 to 3 had informed the complainant and other passengers who were to depart on 30.04.2012 in advance that the said flight would only operate through the revised route. The complainant had not received the services for which he had paid for, the same would amount to acts of cheating is not true and hence denied. The complainant is not entitled to any relief from the opposite parties hence complaint is liable to be dismissed.
Opposite party No.4 entered in appearance and filed their version stating that the 4th opposite party is the Manager of Cyber travels Kavarathi, Lakshadweep. Cyber travels working as an agent of Riya travels, Ernakulam. As a ticket issuing agent of M/s.Riya travels Ernakulam only function of the 4th opposite party is to arrange Air tickets to customers on demand in domestic and international flights, this opposite party not taking any responsibility regarding the flight operation; The air lines never informed the diversion of route. No deficiency of service on the part of opposite party No.4 . Hence complaint is liable to be dismissed.
Points for consideration
- Whether any deficiency of service on the part of opposite party No.1 to 4 ?
- Whether complainant is entitled to get any compensation from the opposite parties? If so what is the relief and cost.
Complainant was examined as PW1 and Exts.A1 to A8 were marked . Ext.A1 is the complaint given before the Duty Manager, Air India, Cochin. It shows something happened from the opposite party No.1 to 3, the Ext.A1 already received by the opposite party had not made internal arrangement to safely reach at Kozhikode. Since the Air ticket is up to Kozhikode. Ext.A2 shows the ticket from Agatti Island to Kozhikode fare Rs.5829/-. Ext.A3 and A4 are the records to show that complainant reached to Agatti Island , any way no dispute regarding all those documents. It is proved also the Air India service stopped to Cochin only at the particular day, according to the opposite party 1 to 3 some operational difficulty. So no question of other aspects, there is a deficiency in service on the part of opposite party No.1 to 3. Opposite party No.4 only arrange the ticket. Opposite party No.4 successfully completed their duty other part on the side of opposite party No.1 to 3. Any way complainant is a busy man with his profession. According to the public opinion Air India is a reputed company with sincere service, but here, opinion is reverse. Opposite party No.1 to 3 definitely make arrangement to passengers to their destination, but failed, here deficiency of service on the part of opposite party No.1 to 3.
Under these circumstances complainant is entitled to get the compensation along with other corresponding expenses. Any way complainant ticket is admittedly up to Kozhikode their service stopped to Cochin air port. Complainant is entitled to get refund of the entire flight charge Rs.5829/-(Rupees five thousand eight hundred and twenty nine only) with taxi charge Rs.2000/-(Rupees two thousand only) along with compensation of Rs.3000/-(Rupees three thousand only). Therefore opposite parties No.1 to 3 are directed to pay an amount of Rs.5829/- towards actual fare and Rs.2000/- towards the taxi charge and Rs.3000/- towards compensation. Comply the order within one month from the date of receiving the copy of the order.
Pronounced in the open court this the 30th day of July 2014.
Date of filing:27.12.2012.
SD/-PRESIDENT SD/-MEMBER SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Complaint given before the Duty Manager dtd.30.04.12.
A2. Air India Ticket from Agathi to Kozhikode fare Rs.5829/-
A3. Cash receipt of Rs.730/- dtd.30.04.2014
A4. Permit for visit/Residence of the complainant. Dtd.30.03.2012.
A5.Ship ticket (4 in Nos)
A6.Letter issued by Deputy Collector General to the complainant dtd.27.11.2008.
A7. Proceedings of the District Collector dtd.11.08.2006
A8. Proceedings of District Collector, Kozhikode dtd.04.09.2007.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
PW1.Raveendran(Complainant)
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
