Tamil Nadu

South Chennai

CC/315/2019

M.Siraj Ahmed - Complainant(s)

Versus

Emirates Airlines - Opp.Party(s)

Dr. Syed Shaffi

19 Jan 2023

ORDER

                                                  Date of Complaint Filed : 10.12.2019

                                                  Date of Reservation      : 05.01.2023

                                                  Date of Order               : 19.01.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,         : MEMBER II

 

CONSUMER COMPLAINT No. 315/2019

THURSDAY, THE 19^th DAY OF JANUARY 2023

M. Siraj Ahmed,

S/o Murugesan,

61/28, N M K Street,

Ayanavaram,

Chennai-6000023.                                                                                                                        ...   Complainant                

..Vs..

The Manager (Reservations),

Emirates Airlines,

Prestige Palladium Bayan,

Door No 129, Greams Road,

Chennai 600 006.                                                                                                                             ...  Opposite Party

******

Counsel for the Complainant          : M/s. Dr.C K Syed Shaffi

Counsel for the Opposite Party       : M/s. Rupa. J. Tharayil

On perusal of records and after having heard the oral arguments of the Counsel for the Complainant and the Counsel for the Opposite Party, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to pay a sum of Rs.10,00,000/- towards the mental agony, extreme stress suffered by the Complainant and his family members by way of missing the Friday Prayers at Madinah Mosque and expenditures incurred at Dubai towards purchase of cloths and medicines and to pay a sum of Rs.72,000/- towards cancellation charges of hotel reservation at Madinah on 18.10.2018 and to pay a sum of Rs.10,000/- towards cost.

2.     The averments of Complaint in brief are as follows:-

The Complainant had booked Air tickets through the Opposite Party’s Airlines at Chennai vide PNR Nos: E687FS and LVULIF to go a pilgrimage of UMRAH with his family members consisting of 6 members by name 1) M. Siraj Ahmed 2) C K Syed Shaffi 3) S. Faridha 4) Fathima Bee 5) Sumaiya Afreen and 6) Athiya Farheen in the following travel Itinerary:

 

S.No	Sector	Flight No	Date of Travel	Status
1	Chennai – Dubai	E K 545	18.10.2018	Confirmed
2	Dubai – Madinah	E K 809	18.10.2018	Confirmed
3	Jeddah – Dubai	E K 806	27.10.2018	Confirmed
4	Dubai – Chennai	E K 542	27.10.2018	Confirmed

 

 The Complainant along with his family members have planned to perform Friday prayers at Madinah/Saudi Arabia Mosque on 18.10.2019 which falls on Friday. The purpose of entire plan to reach Friday at Madinah is a mandatory obligation as pilgrims and that is the valid reason to choose the particular flight on that day to reach Madinah and accordingly, the Complainant had booked the Air Tickets. On the day of Departure on 18.10.2018, the Flight No: EK 545 departed from Chennai Airport at 12.00 Hrs instead of 9.45 Hrs with a delay of 2 hrs 15 minutes which results the said flight in question to reach Dubai Airport at 13.30 Hrs instead of 12.40 Hrs. The Complainant had booked connected flight to Madinah from Dubai vide Flight No: E K 809 which is departing at 14:30 Hrs from Dubai Airport along with his family members on the same day (18.10.2018) so as to enable them to perform Friday prayer at Madinah Mosque. The Flight No: E K 545 Chennal to Dubai arrived at 13.30 Hrs at Dubai Airport much ahead of departure of Madinah flight at Dubai Airport. To the utter surprise, on the arrival at Dubai Airport with eager to board the Madinah Flight vide Flight No: E K 809, the Complainant along with his family members intercepted by the Emirates Airlines Staff at Dubai Airport and directed the Complainant and his family members to board the next day Flight to Madinah saying the reasons that the Madinah flight has already been closed and they cannot be accommodated in the said booked flight. The actual departure of the said flight at Madinah is 14.30 Hrs from Dubai Airport. The Complainant along with his family members pleaded the Airline Staff of Emirates Airlines to accommodate the Complainant and his family members in the booked flight No: E K 809, they have bluntly refused to accommodate the Complainant and his family members in the said flight by giving the reasons that the particular flight is already been closed. Despite the Complainant and his family members appraised the importance of boarding the flight to reach Madinah to perform Friday prayers, the Airline staff at Dubai Airport refused to accommodate in the booked flight which caused mental agony to the Complainant and his family members. When the Complainant along with his family members arrived at Dubai Airport and detained to board the Madinah flight by the staff of Opposite parties, the Complainant requested to hand over the baggages of the Complainant and his family members because of medicines, the Opposite Party informed the Complainant, that the entire baggages have already been sent to Madinah. Without any baggages, the Complainant and his family members forced to go to hotel at Dubai. Without any dress for changing, the Complainant and his family members went to the Hotel with great sufferings and stayed in the Hotel without any change of dresses and medicines which the Complainant and his family members suffered a lot and which results incurred an mental agony and stress. It is to inform that, one of the family members by name Mrs. S. Faridha got fainted because of low blood pressure without taking pressure medicines. If the medicines are available, this could have been avoided. Despite spending so much money for a Pilgrimage, without any fault of the Complainant and he did not complete and fulfilled his obligation towards his pilgrimage. Due to the adamant behaviour of Airline Staff at Dubai Airport which results the Complainant and his family members could not fulfil the obligations of their pilgrimage and if they could have accommodated the Complainant and his family members in the booked Madinan flight, the entire agony does not arise. Due to the failure of entire trip to UMRAH Pilgrimage, he was forcibly incurred an additional expenditure towards purchase of cloths at Dubai and loosing of one day charges for hotel reservation at Madinah, which incurred a huge sum and above all missing his Friday prayers at Madinah. Therefore, the Complainant wants the Opposite Parties to compensate him for the harassment he has been subjected to without any rhyme and reasons. That the Complainant is appalled to have received such inept and unprofessional services from the Opposite Parties and such deficient services from a leading Airliner of their repute which has created unnecessary hassles in loss of time and money. That the Complainant issued a legal notice to the Opposite Parties complaining about the unfair practices on 26.11.2018. However the  Opposite Party failed to resolve the dispute. Hence the complaint.

3. Written Version filed by the Opposite Party in brief is as follows:-

The Opposite Party submitted that the delay of the flight EK 545/October 18, 2018 from Chennai to Dubai as due to Aircraft Defect Requiring Repair, Including Sudden APU Failure. Thus the delay was a circumstance beyond the control of the carrier as the said defect needed repairs, and was not fit to fly until the defect was rectified. Thus the flight from Chennai to Dubai was delayed by 1.21hrs and arrived into Dubai at 13.39hrs. Due to the delayed arrival into Dubai, the connecting flight of the Complainant from Dubai to Madinah EK 809 at 1430 hrs was missed. The minimum connecting time required between flights at Dubai airport is 60 minutes, as this gives time for the baggage to be loaded and to go from one gate to another. The flight EK 545/Oct 18, 2018 which arrived Dubai at 13.39 hrs, therefore the Complainant could not meet the minimum connecting time limit as the flight to Madinah would also have closed by that time. All steps were taken by this Opposite Party to immediately re-route the Complainant on the flight the next day and hotel accommodation and all meals were provided at Dubai at the carrier cost and the Complainant accepted the same without any protest.

The drawbacks of air travel where delays/cancellations are a part of the journey, sometimes due to bad weather, congestion that aircraft has to circle for a long time, or a defect in the aircraft, which need urgent rectification, therefore and if it was so important for the Complainants to be in Madinah for Friday prayers on October 18, 2018 itself, then they should have a left a day prior. Even if they made it to the connecting flight from Dubai to Madinal, they could not have attended the Friday Midday prayer at 1 pm, as the aircraft would have landed in Madinah at 3.30 pm and by the time they cleared customs and immigration it would be time for evening prayers. Therefore the claim that they missed the important prayer is not truthful. Hence prayed to dismiss the complaint.     

4. The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents were marked as Ex.A-1 to Ex.A-6. The Opposite Party submitted its Proof Affidavit and Written Arguments. On the side of Opposite Parties documents were marked as Ex.B-1 to Ex.B-5.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

The Complainant submitted that he had booked air tickets with the Opposite Party to go to a pilgrimage of Haj along with family members consisting of 6 persons for their travel on 18.10.2018 from Chennai – Dubai – Madinah.  The departure time of the flight was at 9.45 hrs. But the flight was delayed by 3 hours from Chennai to Dubai due to which the Complainant and his family members could not board the connecting flight of Emirates Air lines from Dubai to Madinah on 18.10.2018. The Complainant had planned to perform Friday prayer at Madinadh which is most important to fulfil the pilgrimage. But due to the delay of flight by two hours 15 minutes at Chennai Airport, which reached Dubai Airport at 13.30 Hrs with delay of 2 hours 15 minutes, which resulted that the said flight reached Dubai Airport at 13.30 hrs instead of 12.30 hrs. The Complainant and his family members on arrival at Dubai Airport were refused to board the flight to Madinah.  When the Complainant  requested to handover the baggage consisting of medicines for sugar and heart, the airlines staff informed that the baggage was sent to Madinah. Without baggage the Complainant and his family members suffered a lot to change the dresses and to take medicines. The Complainant was also forced to incur additional expenses for clothing and hotel charges at Madinah.

        The Opposite Party contended that the delay of flight EK 545/October, 18,2018 from Chennai to Dubai was due to Aircraft defect requiring a repair, including sudden APU failure, which is beyond the control of the carrier as the said defect needed repairs and was not fit to fly until the defect was rectified. Further contended that due to the delayed arrival of flight in Dubai the connecting flight of the Complainant from Dubai to MadinahEK  809 at 14.30 Hrs was missed.

        As regard the contention of the Complainant that the Complainant’s request to handover the baggage at Dubai airport as the baggage consisted of Medicines for Sugar and Heart Ailment, which was declined by the Opposite Party, the Opposite Party submitted that the Complainant could have carried medication in the handbag and further contended that as per the conditions of carriage in Article 8.3.3 the medication among other items ought not to be included in the checked baggage and that the Complainant had contravened the above condition by carrying medicines in the checked in baggage.

        The contention of the Opposite Party that if it was so important for the Complainant to attend Friday prayers at Madinah on 18.10.2018 they should have left one day prior as even if the connecting flight from Dubai to Madinah was boarded they could not have attended the Friday mid day prayer at 1.00 p.m as the flight would have landed in Madinah at 3.30 p.m could not be accepted as the Complainant would have attended Friday prayer at any time on the said day.

        The Opposite Party had placed reliance upon the order dated 05.01.2012 passed by the AP State Consumer Disputes Hyderabad in F.A. No. 532/2019 in the case of ChelakaraRamaswamy Vs. Air Deccan, wherein it was held that the technical problem to the Wind Shield of the Air craft is purely unforeseen eventuality and as such on these aspects no deficiency in service on the part of the Opposite Party can be found with.

        The Opposite Party also relied upon the order passed by the Hon’ble State Commission, Chennai , Kingfisher Airlines Limited Vs. M.S. Ravi Shankar in F.A.No.495 of 2010, wherein it was held that because of unavoidable technical reasons if the Complainant had suffered any inconvenience, that form part of service, which cannot be brought under the umbrella of deficiency of service and dismissed the complaint.

        From the above discussions it is clear that the delay of the Aircraft of the Opposite Party on 18.10.2018 at Chennai Airport was due to the aircraft defect requiring a repair, including sudden APU failure as seen from Ex.B-1. Hence the Complainant and his family members could not board the flight from Dubai to Madinah as scheduled. However the Complainant and his family members were provided Hotel accommodation and food at Dubai at the cost of the Opposite Party and the Opposite Party had taken steps to re-route the Complainant and his family members on the flight next day, which facts are not denied by the Complainant.

        As per the decision of the Hon’ble State Commission Chennai has observed that the Airlines cannot operate the flight having technical snag and it should be rectified.  In this process if the delay had caused resulting some consequential problem also, that is unavoidable, and the passengers cannot label the same, as deficiency in service, which is unexpected, not wanton and other basis, which is applicable to the present case.

        In view of the above facts and circumstances of the case this Commission is of the considered view that the delay of flight, which has caused inconvenience to the Complainant is only due to the technical snag and hence finding fault with the Opposite Party that due to the delay their Friday prayers at Madinah were missed and other consequential problems which the Complainant faced, cannot be termed as deficiency in service as the delay was only due to the technical snag in the flight. As per the terms and conditions of the conditions of carriage, Ex.B-2 the Opposite Party  is not under obligation to compensation for the delay caused due to extraordinary circumstances which is beyond the control of the Opposite Party. It is pertinent to note that as per clause 3.6 of Ex.B -2 the Opposite Party had provided the facilities such as meals, refreshment and hotel accommodation to the Complainant and his family members. Hence there is no deficiency in service on the part of the Opposite Party. Accordingly Point No.1 is answered.

Point Nos.2 and 3:

As discussed and decided Point No.1 against the Complainant, the Complainant is not entitled for the reliefs claimed in the complaint and not entitled for any other relief/s. Accordingly Point Nos.2 and 3 are answered.

In the result the complaint is dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 19^th of January 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

Ex.A1	18.10.2018	Boarding passes issued by Emirates to go from Dubai  to Madinah on 18.10.2019 by Flight No. E K 809
Ex.A2	19.10.2018	Boarding passes issued by Emirates to go from Dubai to Madinah on 19.10.2019 by Flight No. E K 809
Ex.A3	-	Hotel reservation at Jawharat AI Rasheed at Madinah to say on 18.10.2018
Ex.A4	26.11.2018	Legal Notice issued to Emirates
Ex.A5	-	Acknowledgement received from Emirates
Ex.A6	12.12.2018	Reply by Email received from Emirates

List of documents filed on the side of the Opposite Party:-

Ex.B1	-	Flight delay report of flight EK 545/October 18, 2018
Ex.B2	06.08.2010	Article 1.4, Article IV, Series M, of DGCA Civil Aviation Requirement, Govt of India
Ex.B3	-	Extract of Article 9 of conditions of carriage Emirates
Ex.B4	-	Extract of Article 8.3.3 of conditions of carriage Emirates
Ex.B5	15.12.2018	Copy of email from advocate for Complainant addressed to Customer Affairs, Emirates

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT