BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 24/03/2010

Date of Order : 29/10/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 191/2010

Between

And

O R D E R

A. Rajesh, President.

1. Briefly stated, the case of the complainant is as follows :

The complainant is a minor and a non-resident Indian represented by her father. On 24-05-2008, the complainant's father booked tickets for her travel from Abudabi to Kochi on 26-06-2008 and Kochi to Abu Dhabi on 25-08-2008 in business class of the opposite party for Rs. 48,500/-. On her return journey in Flight No EY-281, the opposite party denied travel for in the business class. The complainant was down graded to economy class causing much annoyance, inconvenience and hardship to the complainant, who was travelling alone. Since there was no other alternative, the complainant had to travel in the economy class. She was deprived of the facilities like priority boarding, fast track facilities while checking in and emigration clearance fast track customs clearance etc. at Abu Dhabi. The action of the opposite party amounts to deficiency in their service. The opposite party offered US $ 200 as compensation but the complainant refused the same. The complainant is entitled to get a compensation of Rs. 15 lakhs together with the fare difference between the business and economy classes and the costs of the proceedings. This complaint hence.

2. The version of the opposite party :

The complainant was allotted seat No. 4 A in the business class and she travelled utilizing the allotted seat on flight No. EY 281. The reference of use of the term 'downgraded' refers to the airline being unable to offer business class passengers a hot meal as in the present case an alternate aircraft was being used instead of the regular aircraft which did not have the required facilities to serve hot food. There was no physical downgrading of any of the business class passengers including the complainant to sit in economy class seats. As a service recovery gesture for being unable to offer hot meal, the opposite party offered not only the complainant, but all other business class passengers the differential fare plus US $ 200 in line with downgrading policy. The complainant is not entitled to get any of the reliefs as prayed for.

3. No oral evidence was adduced by the parties. Exts. A1 and B1 to B7 were marked on the side of the complainant and the opposite party respectively. Heard the counsel for the parties.

4. The points that emanated for consideration are :-

1. Whether the complainant is entitled to get a compensation of Rs. 15 lakhs from the opposite party?

2. Whether the complainant is entitled to get refund of the fare difference between business class and economy class?

3. Cost of the proceedings?

5. Point Nos. i. to iii. :- According to the complainant, the opposite party was downgraded to economy class from business class though confirmed ticket was there for business class and thus the complainant had to suffer lot of inconvenience and mental agony especially so she was a minor travelling alone. The opposite party took a contention that the complainant was allowed to travel in the business class, but they could not provide hot meal since an alternate aircraft was being used instead of the regular aircraft which did not have the required facilities to serve hot food, however, they offered the differential fare plus US $ 200 in line with the downgrading policy.

6. The only question that arises is whether the complainant was allowed to travel in the business class in time with her confirmed ticket or not. For the reason that the aircraft had to be changed the above facility could not be carried out. Eventhen, as a gesture of goodwill and compensation the opposite party has had offered US $ 200 for denied boarding compensation that but even then prayer of the complainant is not met though the claim is tall. The Hon'ble National Consumer Disputes Redressal Commission has held in U.S. Aswathy Vs. Gulf Air (IV (2003) CPJ 114 (NC) as follows : “we think that it is quite reasonable to hold that the petitioner was given a seat in the economy class and not in the business class and would therefore be entitled to difference of the fare between the two. Further for the breach of promise, the petitioner will also be entitled to damages which we assess at Rs. 1 lakh.” We follow.

7. Accordingly, we partly allow the complaint and direct that the opposite party shall pay a compensation of Rs. 1 lakh (Rupees One lakh only) to the complainant for the reasons stated above. Compensatory costs of Rs. 1,000/- is also awarded.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the above amounts shall carry interest @ 12% till payment.

Pronounced in open Forum on this the 29^th day of October 2011.

Forwarded/By Order, Sd/- A. Rajesh,President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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