Chandigarh

DF-II

CC/1113/2019

Mrs. Krishna Malhotra - Complainant(s)

Versus

Etihad Airways - Opp.Party(s)

Ekta Sharma Adv.

09 Jun 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	1113 of 2019
Date  of  Institution	:	18.11.2019
Date   of   Decision	:	09.06.2021

 

 

 

 

Mrs.Krishna Malhotra, aged 83 years, w/o Late Sh.Krishan Kumar Malhotra, R/o H.No.91,   Sector 4, Parwanoo, Distt. Solan (HP)

             …..Complainant

Versus

1]  Etihad Airways, 201/218, Second floor, Narain Manzil, Barakhamba Road, Connaught Place, New Delhi, through its General manager.

2]  Grand Travel Planners Pvt. Ltd., Mr.K.S.Cheema, SCO 117-119, Second Floor, Sector 17-C, Chandigarh, through its Director Mr.K.S.Cheema

   ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER 

                    SH.B.M.SHARMA                      MEMBER

 

 

Argued by :- Sh.Ekta Sharma, Adv. for complainant.

  Sh.Gaurav Sharma, Adv. for OP No.2.

  OP No.1 exparte.

 

PER PRITI MALHOTRA, MEMBER

 

         Briefly stated, the complainant, being allured by the rosy picture shown by OP NO.2 about the service of OP No.1 Airlines, purchased one Air Ticket No.607-2988252004 of Etihad Airline/OP No.1 for a sum of Rs.63,700/- for her to & fro journey from New Delhi to Sydney (Australia) and Sydney to New Delhi (Ann.C-1). It is stated that a special request was made to provide wheel chair as the complainant was an old lady of 83 years of age.

         It is submitted that the complainant on 1.1.2019 started her journey from New Delhi to Sydney through OP No.1 Airlines and the Flight EY 211 when reached Abu Dhabi the complainant was told that the connecting flight Etihad/EY 450 from Abu Dhabi to Sydney is delayed by one hour.  However, later, the person assisting the complainant on wheel chair, informed her that the flight get delayed by approximately 12 hours and was rescheduled to depart at 9:40 AM Abu Dhabi time.  It is stated that when the complainant asked for some hotel accommodation she was dumped at some hotel lounge. It is also stated that the complainant was not provided any room, food or water by the Hotel authorities and she was forced to sit on the hotel lounge area.  It is also stated that she complained to the Hotel Reception about her being suffering from headache, back ache and feeling uncomfortable being an old lady of 83 years, but the receptionist at the Hotel did not accommodate her in any manner.  It is further stated that after much persuasions & request, when she asked for food & water, she was told that there was buffet system and it was only after that she got to eat food.  It is submitted that she spent restless hour without any information & assistance, in an unknown country, while sitting in the hotel lounge until she was picked up for the flight late at night and the flight ultimately depart at 9.40 AM (Abu Dhabi time) and arrived at Sydney at about 19.10 hours (Australian time) instead of scheduled time of 6:55 AM on 2.1.2019.  It is pleaded that on arrival at Sydney, despite her request that she is having knee pain, she was not provided the wheel chair by the authorities.  It is also pleaded that due to her old age and knee problem it was hard for her to take care of her luggage, but the lady Incharge was very rude and did not cooperate.  Thereafter, the complainant vide email dated 6.1.2019 (Ann.C-2) highlighted the problems suffered by her & the treatment met out to her at Abu Dhabi and Sydney and seeks compensation, in response to which the OP No.1 replied vide mail (Ann.C-5) thereby offering travel credit of USD 200 to be provided by Travel Bank valid for 12 months.  It is submitted that the complainant rejected the said travel credit of USD 200 so offered by OP No.1 whereupon they offered 20,000 Etihad Guest Miles, which too was rejected by the complainant with a demand to compensate by cash or banker’s cheque.  It is also submitted that the complainant thereafter sent legal notice to OPs No.1 & 2 for their discriminatory, callous behavior due to which the complainant suffered a lot, but they did nothing. 

         It is asserted that horrified travel experience of the OP No.1 Airlines from New Delhi to Sydney on 1.1.2019 had virtually pricked her conscious and after struggling with her mind, she decided cancel the ticket for her return journey from Sydney to New Delhi. Accordingly, the complainant requested OP No.2 to cancel her return journey through OP NO.1 and booked another ticket for return journey through Air India.  Thereafter, the OP No.2 informed the complainant that it has sent the cancellation request and simultaneously issued a fresh ticket of Air India Flight No.301 for a sum of Rs.34,536/- for the return journey of complainant on 17.5.2019 (Ann.C-11). It is stated that even OP No.2 admitted in letter Ann.C-12 that the old lady passenger was harassed during her journey from New Delhi to Sydney.  It is also stated that OP No.1 instead of giving refund of cancelled ticket, reject the complainant’s claim vide reply dated 16.8.2019 (Ann.C-13).  Alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice, causing great mental agony, harassment and loss to the complainant, hence this complaint has been filed. 

 

2]       OP No.1 did not turn up despite service of notice sent through regd. Post on 25.11.2019, hence it was proceeded exparte vide order dated 14.2.2020.

         OP No.2 has filed reply and while admitting the factual matrix of the case about the alleged air-ticket bookings of the complainant, stated that the duty of OP No.2 being a Travel Agency, was to arrange the air ticket for the complainant, which was done as required by the complainant and nothing more was required to be done by it.  It is also stated that as per the requirement of the complainant, the wheel chair request was made by answering OP No.2 and the same was mentioned in the air ticket.  It is also stated that the disputes if any, is between the complainant and OP No.1, the answering OP No.2 cannot be held liable for act & conduct of OP No.1 as it has no concern with OP No.1 airlines. It is submitted that as per instruction of the complainant, the answering OP made request for cancellation of air ticket of the complainant with the OP No.2 and has arranged the fresh air ticket for the complainant and answering OP No.2 provided a confirmed air ticket to the complainant as per her requirement.  It is also submitted that the refund, if any, is to be processed and made by the concerned airline and refund if any is to be quantified by the airline and not by OP No.2.  It is further submitted that most of the air tickets are non-refundable as is the case of complainant; the complainant was having confirmed air ticket of her up & down journey from India to Sydney and vice-versa.  Moreover, the complainant has changed her schedule to return India i.e. before the scheduled date fixed i.e. 18.11.2019 and instructed the OP No.2 to arrange the confirmed return air ticket for 17.5.2019 and the same was arranged by it.  It is asserted that there has been neither any deficiency in service nor unfair trade practice on the part of OP No.2.  Other allegations have been denied for want of knowledge being not related to OP No.2 and it is prayed that the complaint qua OP NO.2 be dismissed.

 

3]       Replication has been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of OP NO.2 made in its reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the OPs and have gone through the entire record.

 

6]       It is evident on record that the complainant purchased Air Ticket No.607-2988252004 of Etihad Airline/OP No.1, through OP No.2, for her to & fro journey from New Delhi to Sydney via Abu Dhabi (Australia) on 1.1.2019 and Sydney to New Delhi via Abu Dhabi for 18.11.2019 (Ann.C-1).  It is an admitted fact that the said flight boarded on 1.1.2019 by the complainant at Delhi for Sydney, halted at Abu Dhabi and there the connecting scheduled flight for Sydney got delayed.

 

7]       The complainant vide present complaint raised certain issues regarding inconveniences suffered on account of not providing proper accommodation when the impugned connecting flight got delayed as well for not providing with Wheel Chair when she reached Sydney airport and about the harassment suffered mentally as well physically.  Also a claim for amount of return air ticket has been raised for the unused sector/passage.   

 

8]       It is clearly evident on record that when the issue regarding the grievances suffered was raised with OP NO.1 airlines vide email dated 6.1.2019 (Ann.C-2), the OP No.1 admitting their short/deficient services offered the complainant  with Travel Credit of USD 200 to be provided by Travel bank valid for 12 months to be used to pay for flights or other products and services such as Extra Legroom Seats or Excess Baggage and in order to process this credit, asked the complainant to provide Etihad Guest Membership number enabling them to credit the same in her account. 

 

9]       The record further reveals that the complainant being not satisfied with the offer so made again reverted back to OP No.2 vide email dated 23.1.2019 (Ann.C-6) declining the said offer and asked OP No.1 for providing true compensation in terms of cash/banker’s cheque.  Surprisingly, in response to the said email of complainant, the OP No.1 vide email dated 25.1.2019 (Ann.C-7) not only declined the said request of the complainant but also made fresh offer of 20000 Etihad Guest Miles in lieu of USD 100 credit (earlier mentioned as USD 200).  Being aggrieved with such refusal, a legal notice was served on the OPs dated 6.9.2019 not only claiming the compensation on account of harassment suffered by the complainant but also for the refund of return air ticket since she got cancelled her return air ticket before hand and travelled back India in May, 2019.   In response, the OP No.1 sent email dated 6.10.2019 (Ann.C-15), which reads as under:-

 

“6 October 2019

Dear Mr Malhotra,

Thank you for your letter with regards to your client Mrs Krishna Malhotra.

 

I understand that his concerns are with the delay of her flight from Delhi to Sydney.

 

Having investigated the concerns, our records indicate that EY450 on 1 January 2019 was delayed due to technical reasons.

 

I assure you that we do everything we can to maintain good performance, sometimes, unforeseen circumstances prevent us from operating our flights on schedule. Etihad's first responsibility must always be the safety of its passengers and crew and it goes without saying that Etihad would not consider operating a flight where passenger or crew safety would, in any way, be compromised.

 

We have apologized to Mrs Malhitra about how the delay was handled and we have assured her that we have shared her feedback about her experience with our Guest Experience and Airports teams for their review.

 

We have offered Mrs Malhotra USD 200 travel credit, as a gesture of goodwill. Our offer, stills stands, and we cannot offer further compensation.

 

Thank you for your understanding and giving us the opportunity to address your concerns.”

 

10]      Vide above letter, an admission qua the harassment suffered by the complainant at the end of OP No.1 airline is evident enough and also reveals that simultaneous offer of USD 200 travel credit was again made which was earlier changed with 20000 Etihad Guest Miles in lieu of USD 200 travel credit offered earlier.

 

11]      It has been observed that despite being duly aware about the old age of the complainant, OP No.1 ignored the immense harassment suffered by her physically as well as mentally at its end, offered compensation in the shape of USD 200 or 20000 Etihad Guest Miles, which as per her versions is of no use because she already preferred to get her return ticket cancelled booked with OP NO.1 and booked fresh return air-ticket with Air India, clearly indicating that complainant is no more interested to travel with OP No.1 Airlines.

 

12]      The above admission, as observed in Para No.10, as well as the absence of OP No.1 despite being duly served draws an adverse inference against it.  All the allegations set out in the present complaint supported by duly sworn affidavit goes unrebutted & unchallenged revealing that Op No.1 has nothing to contradict.

 

         The willful absence of OP No.1 establishes the claim of the complainant which otherwise also is evident on record.  The OP No.1 vide its emails, as placed on record, only offered USD 200 travel credit but remained silent about the terms & conditions about facilities to be provided on account of delayed flight & also for compensation to be made on account of the inconvenience suffered due to deficiency in service.  Thus, a clear cut deficiency in service is made out against OP No.1. Offering the travel credit in lieu of compensation reflects the arbitrary functioning of the OP No.1 Airlines.   

 

13]      Record reveals that OP No.2 also processed the claim of the complainant vide request made to OP No.1 for refund of the cancelled air ticket of the complainant for unused sector i.e. for return flight as she get the same cancelled before hand in May, 2019 whereas it was booked for the month of Nov., 2019.  The OP No.2 received the rejection vide Ann.OP-2/1 mentioning the Airline Remarks “No fare refund due as fair paid is lower than applicable fare travelled.”  

         It is only OP No.2 i.e. Grand Travel Planner Pvt. Ltd., which filed the reply claiming no fault on its part and seeking dismissal of the complaint qua it by enclosing document regarding refund request rejected by the Airlines (OP No.1) for the return journey of the complainant   (Ann.OP-2/1).

 

14]      Reiterated that the OP No.1 despite having been duly served with notice of this complaint, chose to be proceeded exparte and also not come forward to defend the claim of refund raised vide present complaint.  Thus complainant is fully entitled for her claim for the refund of return journey for the unused sector.

 

15]      In our considered opinion, nothing adverse has been recorded on the part of OP No.2 as it duly discharged its duty to issue the confirmed air tickets and also processed the claim for the refund of the cancelled return air-ticket of the complainant in due manner.  Thus no deficiency in service can be attributed on the part of OP No.2 for the harassment suffered, which she encountered at the end of OP No.1 only.

 

16]      Having considered the factum of old age of the complainant and the harassment suffered by her at the end of OP No.1 for the short fall of services and for further burdening her with this forced litigation; we consider that the complainant needs to be suitably compensated. Apart from this, the complainant is also entitled for the refund of her cancelled return air-ticket issued by OP No.1 which she got cancelled beforehand. 

 

17]      From the above discussion and findings, the deficiency in rendering proper service on the part of Opposite Party No.1 has been established, which certainly has caused harassment, agony & loss to the old aged complainant.  Therefore, the complaint stands allowed against OP No.1 Airlines with direction to reimburse an amount of Rs.31850/- being the cost of cancelled one way ticket. The OP No.1 is also directed to pay an amount of Rs.20,000/- as compensation to the complainant for causing harassment on account of deficient services along with litigation cost of Rs.10,000/-.

         This order shall be complied with by the Opposite Party No.1 within a period of 30 days from the date of receipt of its certified copy, failing which it shall be liable to pay additional compensation cost of Rs.10,000/- apart from above relief.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

9^th June, 2021                                                               sd/-                                                                                                   

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER