By. Smt. Beena. M, Member:-

This is a complaint filed under section 35 of the Consumer Protection Act 2019.

2. Facts of the case are given below:- 

The Complainants had booked air tickets in Go First Airlines for 19^th April from Mumbai to Kannur.  The booking was confirmed and the flight was scheduled to take off at 15.20 hours on April 19^th to reach Kannur 17.15 hours.  An amount of Rs.3,900/- was charged per head, taking to total of Rs.27,300/-for seven tickets.  As three of the Complainants are residing at Palaghat, they also booked a train ticket from Kannur to Palaghat for return journey from Kannur Airport.  On 19^th April at around 2 pm, the Complainants reached Mumbai airport.  When they tried to check in from terminal outside Airport, there was some technical snag in the machine and check did not happen.  The matter was intimated to security personnel and they advised the Complainants to contact the counter.  There was a Go Air counter just to the right side of main entrance.  When the Complainants approached this counter, the officials there, were quite unhelpful and sneered them out.  The front security advised them to contact the inner counters. When the Complainants further proceeded to these counters, the security to the inner counters stopped their movement and asked for ID cards and ticket details.  The whole ID verification process took around 15 minutes and they approached to the Go Air counter inside Airport.  The counter staff on duty informed that the flight will take off in less than an hour and the boarding can be only in her senior’s login.  The Complainants requested for senior officer’s intervention, and after around ten minutes, another gentleman appeared and he was kind enough to accept request of the Complainants.  He called the boarding crew and intimated that a team of seven members is coming and to arrange for their boarding.  However, for login in the system he wanted another person credentials.  After further waiting, a lady arrived, (Mrs. Sharon Misqutta as per the name tag).   She bluntly informed that our boarding cannot happen as the flight is already 95% loaded.  The family informed that the ticket was booked and confirmed and also produced the tickets.  She did not accept these things and bluntly drove the Complainants including the five lady members away.  However, moving out of the counter area also was not permitted without her consent as per Airport security.  Complainants requested her to consider as there is still more time left, but she was quite insensitive and unhelpful.  The Complainants were virtually flushed out of the airport.  She informed that if the Complainants pay flight charge she can see whether the Complainants can be accommodated in the next flight, but no question of adjustment or refund of charges already Paid, and would have to pay extra for next flight.  The whole episode took one hour and driven by panic on total uncertainty of return journey and heavy financial loss they tried to contact the GO First customer care at 14.55 hrs but could not connect.  There was still around 25 minutes left for take off as per schedule.  The loss of one hour within the Airport premise was purely due to lapse and insensitivity from the part of Opposite Parties.  The Complainants immediately gave a mail to Go Air feedback, explaining the circumstances.  The mail got delivered and acknowledged at 3.04 pm, While, there was still 16 minutes left for scheduled take off of the flight.  As started, valuable on hour in airport was already snatched by the staff of the Opposite Parties.  The Complainants team consisted of Prasad is a financial advisor and practitioner at Kalpetta the 1^st Complainant, Priya E V, is high school teacher and Kite coordinator, 2^nd Complainant, 3rd and 4^th  Complainants are their daughters Chandini Prasad and Nandini Prasad students at PG and plus two level, M S Ajayan, the 5^th Complainant, the Deputy Manager of BSNL Palaghat BA, currently holding charges of GMT Palghat from 01.01.2023 onwards, the 6^th  Complainant is his wife Preetha. E. V, a teacher of Chinmaya school, Tatamangalam Palghat, the 7^th Complainant is their daughter Athira Ajayan a last year student of engineering at NSS Engineering college Palghat.  The Complainants including three students had very urgent and inevitable activities planned on the next day after return from Mumbai following few days of absence from their respective professional and academic spheres.  Hence the Complainants suffered mental agony and inconvenience. The complainants estimate damage for the mental agony and inconvenience as Rs.35,00,000/-.  After many desperate attempts the Complainants booked tickets in Rajadhani express, even though a costly affair, for Rs.9,321.45/- for Complainant No.1 to3 and Rs.12,000/- for the Complainant No.5,6 and 7.  The Opposite Party ought to have call the Complainants being the consumers who have booked the Air ticket before closing the online check in.  In this case, there was no call from the Air lines to check in on line as it would be blocked earlier as flight timing was pre-pond by the Opposite Party.  The ticket booked by the 5th Complainant for and on behalf of the 6th and 7th Complainants from Kannur to Palakkad had happened to be cancelled.  The ticket was in second AC and cancellation was unexpected and in the last window, the Complainants sustained heavy financial loss due to cancellation.  The Complainants sustained loss of Rs.25,648/- due to cancellation of flight ticket.  The Complainant spent Rs.21,354.45/- additionally towards train ticket return from Bombay to the respective native place of the Complainants.  On return, the Complainant again contacted GO First customer care on 24^th  to enquire about refund of money paid, It was informed by the customer care staff that the flight timing was advanced, we happened to miss the flight and refund is under process.  This was a news of solace but when the Complainants checked the refund, it is seen that only a sum of Rs.1,652/- was processed for refund whereas the total amount paid was Rs.27,300/-.  This is apparently humiliating. 

2.  The Complainants further submits that (a) There were no intimation regarding preponement of flight to the Complainants, which was the reason for missing the flight.  (b) There was no boarding call over or SMS to any of the Complainants by the Opposite Party.  (c) The Opposite Party did not care to make any alternate arrangement for the Complainants to travel back.  (d) Reply to the email of the Complainants, the Opposite Parties have admitted that the situation was poorly handled by their staff.  But entire refund of flight ticket and compensation was denied.  (e) The Complainants were taken to unimaginable stress and hardships due to being thrown into the unfamiliar metro without any plan for return.  Entire plans of the Complainants for the next day also got torpedoed.  Extra expenditure in terms of additional stay and rushing through metro at busiest hour on working day to catch any alternate arrangement had been a frightening experience.  The action of the Opposite Party denial of boarding in the flight, pre-pond the timing of the flight without an intimation to the Complainant, denial of alternate arrangement to continue travel without delay amounts to deficiency in service and unfair trade practice.  Due to this the Complainants estimate their damages for mental agony, plan, inconvenience and hardships as Rs.35,00,000/-.  The Opposite Parties are bound to return remaining flight charge of Rs.25,648/- and Rs.21,354.45/- towards train ticket.  Hence, this complaint.

3.   Notices were issued to the Opposite Parties, but they failed to appear before the Commission, hence set them as ex parte.

4.  The Complainant was examined as PW1 and the documents produced were marked as Ext. A1 to A6.

 5.  In this case, the Complainant filed Proof Affidavit, whereby he reiterated the entire facts as detailed in the Complaint.  A confirmed ticket was issued by the Opposite Party in the name of the Complainants to fly from Mumbai to Kannur on 19.04,2023 at 15.20  hrs, and arriving at Kannur at 17.15 hrs, as it evident from the copy of booking confirmation detail.  It is clear from Ext.A2, copy of refund communication that the Opposite Party had agreed to refund Rs.1,652/-.  Ext.A3, Electronic Reservation slip shows that the Complainant No.5, 6 and 7 booked train ticket for an amount of Rs.9,321.45/-on 19.04.2023.  Ext.A4 is the Confirmation ticket, it reveals that the Complainants No.1 to 4 had also booked train ticket on 19.04.2023 and paid Rs.12,033/-.   From the record, it is clear that it had not only failed to inform the Complainant about the change in the schedule of the flight but also did not bother to allow them to board next flight. The evidence of the Complainant stands unchallenged. The Opposite Parties have not produced any evidence to prove the allegations in the Complaint.   Taking these facts into consideration, we are of the view that Opposite Parties are deficient in providing services to the Complainant.  It is its duty to be in touch with the said airlines to seek information regarding any change in the schedule of the flights and accordingly inform its customers.  In this case, it failed to inform the Complainant regarding change in the schedule of the flight and it is also deficient in providing services to the Complainant. Thus, we are of the view that Opposite Parties are liable to refund the amount of the ticket.  The act of the Opposite Party has resulted in mental agony and inconvenience to the Complainant, so he is entitled to be compensated. 

            In the result, the Complaint is partly allowed, and the Opposite Parties jointly/ severally are hereby directed to refund Rs.25,648/-( Rupees  Twenty Five Thousand Six Hundred And Forty Eight Only)  to the Complainant.  The Opposite Parties are further directed to pay Rs.21,354/- (Rupees Twenty One Thousand Three Hundred and Fifty Four Only) as the fare of train ticket, Rs.1,40,000/- (Rupees One Lakh Forty Thousand  Only) (ie Rs.20,000/- each to the Complainants) as compensation for the mental agony and hardships suffered.  The Opposite Parties are directed to pay Rs.14,000/ (Rupees Fourteen Thousand Only) to the Complainants as cost of the proceedings.

The above order shall comply within 30 days of the receipt of copy of this order, failing which the above amount shall carry interest of 8% p.a. from the date of this order till payment.­

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 30^th day of November 2023.

Date of Filing:-21.06.2023.

PRESIDENT   : Sd/-

MEMBER       : Sd/-

MEMBER       : Sd/-

APPENDIX.

Witness for the Complainants:-

PW1.              K. V. Prasad.                                                Financial Advisor.

Witness for the Opposite Party:-

Nil.

Exhibits for the Complainants:-

A1.                  Copy of Air ticket.

A2.                  Copy of Refund Communication Mail.

A3.                  Copy of Electronic Reservation Slip (ERS).      Dt:19.04.2023

A4.                  Copy of Electronic Reservation Slip (ERS).      Dt:19.04.2023

A5.                  Copy of Request for refund.

A6.                  Copy of Reply from PG Officer.

Exhibits for the Opposite Party:-

Nil.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                 CDRC, WAYANAD.

Kv/-