Delhi

East Delhi

CC/260/2017

ATUL KR. - Complainant(s)

Versus

GO AIRLINE - Opp.Party(s)

14 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 260/17

 

Shri Atul Kumar

S/o S.K. Agarwal

272, IInd Floor

Dayanand Vihar

•  

Mob: 9910043901

•  

Vs

 

Go Airlines (India) Ltd.

1^st Gloor, C-1

Wadia International Centre (WIC)

PAN Durang Budhker Marg

Worli Mumbai, 400025

FAX-2267410001

….Opponents

 

Date of Institution: 17.07.2017

Judgment Reserved on: 14.02.2020

Judgment Passed on: 18.02.2020

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                           (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

 

JUDGEMENT

The present complaint has been filed by the complainant, Shri Atul Kumar, against Go Airlines India Limited, (OP), with prayer for directions to OP to pay Rs. 57,930/- alongwith 12% interest from 08.03.2017 till the date of order.

Facts necessary for the disposal of present complaint are that the Complainant on 06.02.2017 booked 05 tickets for journey dated 09.03.2017 from New Delhi to Bagdogra vide IRCTC transaction ID 5101669885 and one ticket for the same date vide transaction ID 5101677885 on 08.02.2017. The said tickets were booked with Go Air, (OP).

On 08.03.2017 the complainant received a message from OP around 07:45PM stating that flight no. G8-157 scheduled to departure on 09.03.2017 at 11:15 AM had been cancelled. The complainant tried to contact the office of OP, but all in vain. The complainant has stated that since the complainant had confirmed bookings for onward travel from Bagdogra, he was left with no option except to book tickets with some other air lines. Therefore, he booked tickets from Air Asia 15-769 on 08.03.2017 for his travel date of 09.03.2017 for Rs. 58,344/-, whereas the cost tickets booked with OP was Rs. 20,414/- (Rs. 17,645+ Rs. 2,769/-).

Rs. 20,414/- were refunded by OP in April, 2017.  It has been stated that OP was habitual in cancelling flights at the last minute and particularly flight no. G8-157.

The complainant has alleged that at the time of initial booking, other air lines were offering cheaper air tickets for his destination but, OP with malafide intention floated cheaper air tickets for the flight knowing that they would have to cancel the flight on commercial ground or due to non availability of the air craft, thus, they have indulged in unfair trade practice as well as deficiency in services. Feeling aggrieved by the act/ omission on the part of OP the complainant issued a notice dated 25.05.2017 and a reminder thereafter.

The complainant has annexed the notice dated 25.05.2017, printout of the Electronic Reservation Slip as Annexure-A, email dated 08.03.2017 regarding the cancellation of the flight as Annexure-B, booking details with Air Asia as Annexure-C(Colly.), printout of the tickets booked with OP as Annexure-D, printout of the performance rating as Annexure-E, emails exchanged between the complainant and OP as Annexure-F.

Notice of the present complaint was served upon OP.

Written Statement was filed on behalf of OP, where they have stated that the present complaint was devoid of merits; the Forum did not have jurisdiction to entertain the present complaint as the rules and regulations governing Go Airlines clearly stated that all the claims and disputes were subject to exclusive jurisdiction of Mumbai, India. It was submitted that since, there was no inconvenience caused to the complainant as they had duly informed all the passengers about the flight time and the complainant had boarded the flight on time without any issue. The complainant was aware of terms and conditions which were accepted before booking. It was stated that it had been specifically mentioned that the passenger was required to check the flight status 72 hours prior to the departure date and two hours prior to the departure time. They have reproduced:

GoAir will endeavor to operate the flights as per schedule, however GoAir reserves its right to cancel, reschedule or delay the commencement or continuance of any flight or alter the stopping place or deviate from the route of the journey without thereby incurring any liability in terms of compensation, damages or loss whether direct, indirect, consequential or special or otherwise in any manner whatsoever. In case of any such cancellation or rescheduling of any flight due to any reason GoAir assumes no responsibility or liability for delay in carriage of baggage by air.

Further, in the event that the airline is unable to reach Customers on the number provided, then a email will be sent on the email address given by the Customer, and the Customer should exercise their options within 24 hours of email being sent. Failing which the Customer shall be deemed to have accepted and the airline will conclude- as under:

• The revised timing in case of rescheduled flight is accepted by the Customer and shall entertain further changes only as per standard policy
• That for cancelled flight, the Customer does not find it suitable to travel on another scheduled flight of GoAir on same day/ another day, subject to availability, and will thus cancel the PNR and process full refund to the mode of payment
• For Customers who book their flights well in advance of the scheduled departure date it is necessary that you  re-confirm the departure time of your flight between 72 to 24 hours before the scheduled departure time, by visiting our website at ww.goair.in or calling our Call Centre at the contact numbers 092-2322-2211 and 020-2566-2111.

They have further submitted that the airline and flight operators follow schedule approved by DGCA, which was subject to change on regular basis depending on various factors such as flight congestion, climate changes and the flight schedule to operate on 09.03.2017 was grounded in Mumbai due to technical reasons. The said flight VT WGD was to operate from Mumbai to Delhi as G8 329 and was further to operate from Delhi to Bagdogra as G8 157 and then return from Bagdogra to Delhi as G8 154. The said flight was grounded due to some technical reasons beyond the control. Thus, flight for all the sector were cancelled. The same was informed to the complainant well in time, where he was given choice either to be accommodated on the next day flight or cancel the booking and get the full refund. Rest of the contents of the complaint have been denied.

Rejoinder to the Written Statement was filed on behalf of complainant, where he has denied the contents of the Written Statement and reaffirmed the content of the complaint. He has also filed the directions issued by DGCA vide circular dated 06.08.2010.

Evidence by way of affidavit was filed by the complainant, where he has got himself examined and has narrated the facts mentioned in the complaint. He has relied on the printouts on e-ticket booked on 06.02.2017 and 08.02.2017 and has got them exhibited that as Ex. A, message received from OP on 08.03.2017 as Ex. B, tickets booked with Air Asia are Ex. C & D.

He has also got exhibited the online printout of the on time performance rating of flight number G8-157 as Ex. E. Notice to the Nodal Officer, Go Airlines dated 25.05.2017 and reminder have been exhibited as Ex. F. Instructions issued by Office of DGCA dated 15.07.2016 have been exhibited as Ex. G.

OP in support of the case have got examined Shri Vishal Mathur, Manager Legal, Go Air. He have also deposed the contents of the Written Statement and has got exhibited the copy of the terms and conditions as              Ex. OP-1, internal email circulated by its IOCC Department informing its passengers about the cancellation of the flight and chart of cancel tickets are Ex. OP-2 & Ex. OP-3.

We have heard the arguments by the Complainant and Ld. Counsel for OP and have perused the material placed on record. The complainant has contended that OP was deficient in service and unfair trade practice as they cancelled the flight no. G8-157, which was scheduled to depart on 09.03.2017 at 11:15AM, for which the complainant was informed at a short notice on 08.03.2017 around 07:45PM.

In defence, counsel of OP has argued that the complainant was offered cancellation alongwith full refund accommodation on the next day flight. The complainant opted for refund, stating that he had confirmed booking for onward travel from Bagdogra. However, OP in their defence have stated that the flight was grounded due to technical reasons and in support of their defence they have relied on ingternal mail dated 08.03.2017 at 06:52PM, which it is stated that “ please note due to Aircraft VT-WGD AOG at BOM following flights are CANCELLED/ COMBINED dated 09.03.2017, G8-329 BOM-DEL STD 06:00 Hrs CANCELLED”.

An opportunity was granted to OP to file technical report, the same was not filed. Neither any technical report has been filed nor any affidavit of the technician has been placed on record in support of their defence. Even the internal mail dated 08.03.2017, is cryptic, it just bear “Due to issue beyond the control of Airlines”. It does not specify that there was technical defect. From the reasons mentioned above, we hold that the last minute cancellation of flight amounts to deficiency in service. The complainant was constrained to book tickets from Air Asia by paying a higher amounts for which he is entitled to difference paid by him i.e. Rs. 37,930/- as he has already received refund of Rs. 20,414/- on account of tickets booked with OP. We also award interest on Rs. 37,930/- @ 9% per annum from 09.03.2017 till realization. Though, the complainant has not prayed for compensation and keeping in mind that he is appearing in person, we award compensation of Rs. 10,000/- on account of mental harassment and agony as OP was deficient in service.

The order be complied within 30 days from the date of receipt of order, in case of failure the awarded compensation of Rs. 10,000/- shall also carry interest @ 9% per annum from the date of order till realization. 

Copy of this order be sent to both the parties as per law.

 

 

(DR. P.N. TIWARI)                                    (HARPREET KAUR CHARYA)     Member                                                         Member

 

 

(SUKHDEV SINGH)

          President