1.Case of the complainant:-
Complainant is a soldier at Indian Army. On 31/10/2018 complainant had booked
one flight ticket for travelling on 07/12/2018 from Bagdogra to Calicut to see his mother, who was sick at that time. On 07/12/2018 complainant reached at the Bagdogra Airport in time and security checking and other formalities were done for travelling at 15.20. But the above said flight was late for one hour. As per the ticket and the information, the above said flight will reached at Bangalore at 18.15. But it was reached at Bangalore airport after one hour of arrival time mentioned in the ticket.
2. When complainant reached at Bangalore Airport, CISF Jawans who were standing at the security checking at Bangalore Airport told to the complainant that the connection flight from Bangalore to Calicut had already departed from Bangalore before landing of complainant’s flight. Thereafter complainant contacted the helpline number of Bangalore Airport authority and they informed the complainant that the connection flight from Bangalore to Calicut had already gone and the difficulty caused due to the late coming of Bagdogra to Bangalore flight. Then the staff of Spice Jet Office told to the complainant that the next flight will be available at 9.55 PM on the next day. Thereafter complainant asked for food accommodation for him, but that lady and other staff of Spice Jet told to complainant that they are “helpless”. Then complainant told about the inconveniences caused to him and other passengers to opposite parties and then also they said that they are not responsible. Thereafter complainant given his ID card to opposite party officials then they said that they will arrange a ticket at Air Asia flight to travel to Cochi and provided a ticket and a boarding pass to complainant. Complainant reached at Cochi Airport at 11.00 PM. Due to the act of opposite parties complainant suffered a lot.
Complainant booked a ticket from Bagdogra to Calicut with same PNR Number and it is the duty and responsibility of opposite parties to drop the passengers at their place in time even if there is two different connection flights. There is clear deficiency of service from the side of opposite parties.
3. Claim of the complainant is that he is entitled to get Rs. 8700/-, the taxi fare from Cochi to his native place , and he is also entitled to get Rs. 50,000/- for mental agony and hardship suffered by him by the act of opposite parties and Rs. 25,000/- as cost.
4. On admission of the complaint notice was issued to the opposite parties and notice served on them and opposite party No.1 to 3 appeared before the Commission and filed Vakkalath and Authorisation letter from Spice Jet. Opposite party No.4 not appeared before the Commission , hence set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A5. Ext.A1 is the ticket for travelling from Bagdogra to Calicut booked on 31/10/2018 with PNR Number, Ext.A2 is the Boarding pass with seat No. issued by opposite parties to complainant for travelling on 07/12/2018 from Bagdogra to Calicut, Ext.A3 is the e-mail communication sent by opposite parties to complainant on 7/12/2018 at 3.15 PM at the time of boarding from Bagdogra Airport by complainant, Ext.A4 is the details regarding the time schedules of SG715 No. flight from Bagdogra on 7/12/2018 taken from flight status.com . Ext.A5 is the boarding pass issued to complainant by Air Asia on 07/12/2018 for travelling from Bangalore Airport to Nedumbasseri (Cochi) Airport.
6. Opposite party No.1 to 3 filed Vakkalath and Authorisation letter. Thereafter on 27/02/2020 they filed a petition as per IA 115/2020 for providing the PNR Number of the ticket booked by the complainant. They stated that complainant is not mentioned about the PNR Number in the complaint filed by him. They again stated that without getting the PNR Number of the ticket, the opposite parties are not in a position to know the details of the ticket booked by the complainant. PNR number is necessary to prepare the version. Opposite parties No.1 to 3 filed IA 115/2020 to direct the complainant to provide the PNR Number mentioned in the ticket. Complainant filed affidavit on 1/07/2020 with documents Ext. A1 to A5. Ext. A1 document is the flight ticket booked on 31/10/2018, there mentioned the PNR No. LY19UZ but opposite parties not filed version and affidavit to prove their case. Even after getting the PNR Number, they did not file version and affidavit. Hence we are on the opinion that they have no objection in the complaint filed by complainant.
7. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced five documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite party No.1 to 4 are deficient in service. 8. 8. Hence we allow this complaint as follows:-
- The opposite parties are directed to give Rs. 8700/-(Rupees Eight thousand and seven hundred only) to the complainant, the taxi fare he had paid for travelling from Cochi to his native place.
- The opposite parties are directed to pay compensation of Rs. 50,000/- (Rupees Fifty thousand only)to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties are also directed to pay Rs. 10,000/-(Rupees Ten thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 3rd day of March , 2022.
