DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION CAMP COURT AT LUDHIANA 

                                                          RBT/Consumer Complaint No.339 of 2018

                                                          Date of institution: 22.5.2018

                                                          Date of Decision: 19.05.2022

Rakesh Bansal sonn of Shri Harkrishan Dass

Renu Bansal wife of Sh. Rakesh Bansal, both residents of House No.45-E, Rishi Nagar, Ludhiana 

….Complainants

Versus

1. The Experience Factory/Experience Factory Private Limited, # 3256, Street No.5, Gurdev Nagar, Ludhiana through its Director/authorized person
2. Swiss International Airlines, having its office at Swiss Air Urni Estate, 10^th Floor, 95, Ganpatrao Kadam Marg, Lower Parel West, Mumbai-400013 through its authorized person
3. Travel Tag, K-10 Tower, Shop No.309, Feroze Gandhi Market, 3^rd Floor, Ludhiana, through its authorized person
4. United India Insurance Company Limited having its registered office at 24, Whites Road, Chennai through its Manager/authorized person
5. United India Insurance Company Limited, having its issuing office at (KTSPL) K-10 Tower, Shop No.309, Feroze Gandhi Market, 3^rd Floor, Ludhiana through its Manager/Authorized person

                                                                            ……..Opposite Parties

Complaint under Consumer Protection Act

Quorum:     Shri Ranjit Singh, President.

                             Mrs. Ranvir Kaur, Member

Present:       Sh. Nitin Kapila,  Adv. for complainant

Opposite Parties No.1,3,4 & 5 exparrte

Sh. Ankur Ghai, Adv. for OP No.2

Order dictated by :-  Shri Ranjit Singh, President 

Order

The present order of ours will dispose of the above complaint filed under Consumer Protection Act, received by way of transfer from District Consumer Disputes Redressal Commission, Ludhiana by the complainant against the Opposite Parties on that ground that the OP No.1 deals in the sale of Air Ticket for Zurich etc and accordingly the complainants approached the Ops for the purchase of Air Ticket from Delhi to Zurich to Adolfo Suarez Barajas Arpt (MAD) etc in their name. At the time of sale of the air ticket, it was apprised by the OP No.1 to the complainants that the OP NO.2 Swiss International Airlines Flights are there for the concerned routes and they are best service provider in their class and believing the version of OP1 as correct, the complainants purchased the Air Tickets from OP1 on payment of requisite amount for the period 26.5.2016 i.e. From Delhi to Zurich and there were connected flights to the other destinations. The complainants were to return from Zurich to Delhi Airporrt on 12.6.2016 and accordingly the complainant boarded the flight of OP2 from Delhi to Zurich on 26.5.2016 and from Zurich, they were to board the other connected flight of OP2 for Adolfo Suarez Barajas Arpt (MAD) and for that purchase, even boarding passes were also issued from Delhi itself for connected flights of Swiss International Airline. It is further alleged that on 26.5.2016 i.e. on reaching Zurich official of OP2 did not allow the boarding of complainants on the ground that the flight is full inspite of the fact that the air ticket of complainants were confirmed and even boarding passes were issued to them from Delhi itself. Accordingly, the concerned authorities suggested the complainants to go to Barclona and to get flight from there after about 1.1/2 hours and for that purpose fresh confirmed tickets and boarding passes were issued to the complainants. At that time, also, the bags of the complainants were in the flight of Swiss International Airline. It was conveyed to the complainants that their luggage will be provided to them at their destination. On account of refusal of boarding, the complainants had to reach Barcelona without their bags and other essential. On reaching Barcelona, the concerned authorities again refused the entry of the complainants on the ground that flight is full and till next day, there is no flight with the concerned airlines. As per the fixed schedule, Hotel Booking of the complainants were there and as such, they had to take another available flight i.e. Vueling Airline on the spot from Barcelona to Ibiza which was the destination of the complainant for which the complainants had to spend 799.8 + 10.00 Euro on Air Tickets and Boarding passes and had also to spend huge amount on purchasing essentials i.e. clothes and medicines as the luggage of he complainants was at that time with OP2 and the complainants had to spend 12 extra hours to reach at their destination. At the relevant time, one Euro rate in Indian Currency was Rs.75/- and accordingly, the complainants had to spend Rs.66,000/- on the spot for the purchase of their tickets. It is further alleged that the journey package of the complainants was insured through OP3 Travel Tag from Ops No.4 & 5 and in case of delay in handing over the luggage, the Ops No.4 & 5 were liable to pay a sum of 75 Euro each after the delay of 12 hours. In the present case, the luggage were handed over to the complainants on 30.05.2016 whereas the same were to be handed back to them on 26.5.2016 and as such, there is delay of about 96 hours and as such, as per the insurance policy, the Ops No.4 & 5 are bound to pay amount of Rs.5625/- each on account of delay in handing back the luggage to the complainants. The aforesaid act of the opposite parties amounts to deficiency in service, unfair trade practice and it has caused mental as well as physical agony and also caused inconvenience to the complainant. Vide instant complaint, the complainant has sought the following reliefs:-

1. To direct the OP2 to refund the amount of tickets for the flights which could  not be boarded by the complainants due to negligence of OP2 and for causing delay in the delivery of luggage to the complainants
2. To direct the OP2 to pay Rs.1,00,000/- for causing mental pain, agony and harassment to the complainants due to above said acts
3. To direct the Ops No.3 to 5 to pay a sum of Rs.66,000/- to the complainants on account of missed connection of flight and for which the complainants had to purchase fresh tickets and boarding passes and also to pay Rs.12,000/- to the complainant on account of spending amount for purchasing clothes, medicines and other essential due to non delivery of luggage and also to direct the Ops No.3 7 4 to pay a sum of Rs.11,250/- i.e. the sum assured in terms of policies and also to pay Rs.1,00,000/-0 as compensation to the complainants for commission of acts of deficiency in service and unfair trade practice by Ops No.2 to 5. 
4. Any other relief to which the complainant is found entitled to be also granted to the complainant in the interest of justice.

2. Upon notice, the O.P. has filed written reply stating therein that Swiss International Airlines Flights were there for the concerned routes and they are the best service provider in their class. The tickets were booked through a travel agent, namely OP1 and not by the answering OP directly. In this regard, the answering OP seeks to place reliance on the contents of the preliminary submissions and objections as setout hereinabove and are deemed to be reiterated herein for all intents and purchase and the same have not been repeated herein for the sake of brevity.  Rest of allegations leveled by the complainant have been denied by the Ops and prayed for dismissal of the complaint.
3.  The complainant has tendered various documents in the shape of evidence. On the other hand, the OP No.2 have also tendered various documents in the shape of evidence. 
4. We have heard learned counsel for the parties at considerable length and have also examined the record of the case.
5. Perusal of the pleadings of the parties and evidence adduced on record., there is no dispute to the fact that complainant had purchased ticket  from Delhi to Zurich. It is also not in dispute that complainant had paid Rs.66,000/- along with Rs.12,000/- for purchasing clothes, medicines and other essential due to non delivery of luggage. In this complaint, the complainant has specifically alleged that despite cancellation of flight, he was not received the refund amount till date.
6.   No doubt, the complainant felt harassed with this act of the OPs. So we are of the opinion that complainant is entitled to refund of the price of the ticket. The complainant is also entitled to compensation for the harassment suffered in the hands of the OPs. We feel, that the O.Ps. had no cogent, reliable or any trustworthy reason to delay the refund of the ticket amount to the complainant.  
7. In view of the aforesaid facts and circumstances, the present compliant stands allowed with the following directions to the Ops:-
   1. To pay Rs. 66,000/- to the complainant on account of missed connection of flight and for which the complainant had to purchase fresh tickets and boarding passes.
   2. To pay Rs.12,000/- to the complainant on account of spending amount for purchasing clothes, medicines and other essential due to non delivery of luggage.
   3. To pay Rs. 11,250/- i.e. sum assured of the policy.
   4. To a lum sum amount to the tune of Rs.50,000/- as  compensation and Rs.15,000/- as litigation expenses.
   5. The O.Ps. are further directed to comply with the order within the period of 30 days from the date of receipt of certified copy of this order.  Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the Record Room.

       Announced

      May 19, 2022

                                                                                                                 (Ranjit Singh)

                                                    President

                                      (Ranvir Kaur)

                                      Member

CC No.339 of 2018

• Sh. Nitin Kapila, Adv. for complainant

Sh. Ankur Ghai, Adv. for OP2

OPS No.1, 3, 4 & 5 exparte

                Vide our separate detailed order of today, the complaint stands allowed. Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the record room.

May, 19 2022

(Ranjit Singh)

(Ranvir Kaur)