West Bengal

Uttar Dinajpur

CC/20/2

Dr. Dilip De Sarkar - Complainant(s)

Versus

Emirates (India) - Opp.Party(s)

Anjan Kumar Mandal

13 Feb 2020

ORDER

Before the Honorable
Uttar Dinajpur Consumer Disputes Redressal Forum
Super Market Complex, Block 1 , 1st Floor.
 
Complaint Case No. CC/20/2
( Date of Filing : 09 Jan 2020 )
 
1. Dr. Dilip De Sarkar
S/o: Late Madhab Ch. De Sarkar, Collegepara, P.O. & P.S.: Raiganj,
Uttar Dinajpur
West Bengal
2. Mr. Basudeb Kumar Chakraborty
S/o: Late Provash Chandra Chakraborty, Lichutala, Ukilpara, P.O. & P.S.: Raiganj
Uttar Dinajpur
West Bengal
...........Complainant(s)
Versus
1. Emirates (India)
Emirates, through its Chief Executive at A1 Garhound (Near Dubai International Airport), UAE P.O. Box Number-686. Also at Emirates (India) through its Chief Customer Affairs Manager, at 3, Mittal Chambers, Ground Floor, 228, Nariman Point, Mumbai.
2. 2. MAKEMYTRIP (INDIA) PRIVATE LIMITED
through its Managing Director situated at 19th Floor, Tower A, B, C, Building Number 5, DLF Cyber City, DLF Phase III, Gurgaon-122002, Hariyana.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Md. Muizzuddeen PRESIDENT
 HON'BLE MRS. Rubi Acharjee MEMBER
 HON'BLE MR. Manas Banik MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 13 Feb 2020
Final Order / Judgement

Today is fixed for Admission Hearing. Ld. Advocate for the complainant files hazira. The record is taken up for Admission Hearing. Ld. Advocate for the complainant submitted that the complainant purchased the AIR tickets from the O.Ps by online and the payment was made through the SBI College Para Branch, Raiganj. For travelling by AIR from Mumbai to Addis Ababa, Addis Ababa to Kilimanjaro, and return from Kilimanjaro to Dubai and Dubai to Mumbai and he further submitted they availed themselves of the AIR travel from Mumbai to Kilimanjaro. During return journey at Kilimanjaro they came to know that the service of the emirates AIR Lines was withdrawn since May 2018. And the authority of AIR Lines asked them to avail themselves the AIR travel from Dar-es-Salam to Dubai by providing another car and thereafter they came to Dubai availing AIR travel from Dar-es-Salam to Dubai and thereafter, they came back to Mumbai from Dubai by AIR travel and those AIR travels were provided by the O.Ps. He further submitted that some delays and harassment was caused due to such delay and harassment upon the complainant. In support of his submission Ld. Advocate cited a decision reported in 2017 Law suit (CO) 249 (Spice Jet Limited Vs. Ranju Aery) wherein the Ld. Forum took cognizance of the said case and allowed the prayer of the complainant of the said case which was confirmed by the State Commission and National Commission. In that case the O.P/AIR Lines did not provide any alternative arrangements to the complainant and her family and the complainant was forced to buy tickets for another flights.

 

          But in the instant case the O.Ps provided the alternative arrangements to the complainants to complete journey by AIR travel and to back Mumbai and the AIR lines assisted them to get to the destination and the delay in the way was out of human control of them. For that they shall not be liable in any way for the delay for not availing the their own choice AIR travel specially when they were on the way to return back from Kilimanjaro to Dubai and Dubai to Mumbai when actually they availed themselves of AIR travel  from Mumbai to  Addis Ababa, Addis Ababa to Kilimanjaro smoothly.

 

On perusal of the complaints, Xerox copies of documents and above cited decision filed by the complainants and above foregoing submissions and findings we are of opinion that, there is no material to entertain the complaint for admission as there is no deficiency of service.

 

                Hence the case is not admitted and disposed off.

 
 
[HON'BLE MR. Md. Muizzuddeen]
PRESIDENT
 
 
[HON'BLE MRS. Rubi Acharjee]
MEMBER
 
 
[HON'BLE MR. Manas Banik]
MEMBER
 

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