Jharkhand

Bokaro

CC/17/137

Pradeep Narayan - Complainant(s)

Versus

Go Airlines India Ltd. - Opp.Party(s)

28 Jul 2018

ORDER

Complainant Pradeep Narayan filed this complaint for a claim of Rs. 30,595/- with cost of staying in hotel Rs. 4,110/- and compensation of Rs. 20,000/- for mental and physical harassment and litigation cost of Rs. 10,000/-

2          The case of the complaint is that the daughter of the complainant on request booked air ticket on 4^th April 2017 through internet for a flight by Go Airlines for journey from Bhubaneswar to Hyderabad to attend marriage ceremony of his niece. The Flight was scheduled for journey on 07-06-2017 Vide PNR. No. SAT6X3 by Flight No. G8-262 was cancelled and Go Airlines requested to cancel the ticket and on cancellation Rs. 8,632/- was retuned as full amount.

Due to cancellation of flight complainant became mentally harassed and compelled to book another flight by Indigo Airlines on payment of Rs. 30,596/- and it is alleged the extra payment was due to cancellation of Go Airlines flight and So, they are responsible for excess payment of flight through Indigo Airlines not only this he had to stay in hotel at Bhubaneswar on payment of Rs. 4,110/-

Complainant asked compensation of Rs. 34,706/- from Go Airlines but Go Airlines offered Rs. 6,456/- only for 4 passengers and he did not accept the offer amount and mentioning deficiency in service and he filed this case.

3          The Complainant has filed the following documents in support of the fact and the claim.

Anx-1 & 1/1   Copy of Marriage Card.

Anx-2  & 2/1  Copies of Email and letter by the complainant to the O.P. requesting

 to offer alternative mode to reach Hyderabad or to book ticket from other carrier.

Anx-3              Copies of Air ticket of Indigo from Bhubaneswar to Hyderabad

 Scheduled date of journey 08-06-2017 costing Rs. 30,596/-

Anx-3/1          Copy of the Hotel bill of Rs. 4,110/- at Bhubaneswar.

Anx-4-            Boarding Pass of Indigo dated 08-06-2017.

Anx-5-             Copy of Email of O.P. seating time to forward the complain to

 Concern team.

Anx-6-            Letter dated 15-06-2017 by the complainant requesting for payment

 Of Rs. 34,706/- as a last final Notice for compensation.

Anx-7, Anx-7/1 & Anx-7/2   Copies of the Email from O.P. and complainant

 to the O.P.

Anx-8-            Email from the O.P. offering compensation of Rs. 6,456/-

4                      O.P. No. 1& O.P. No.2 both the did not appear in spite of service of

Notice and ex- parte proceeding has been initiated against them.

FINDINGS

5          We perused the record and hold the complainant is a consumer since the payment has been done for the purchased of booking of flights from the O.P. Go Airlines and the claim for compensation is a consumer dispute.

6          After perusal of the Annexures filed the complainant, It appears looking in to Anx-8 that O.P. has offered compensation of Rs. 6,456/- only. This is admission on point of deficiency in service by the O.P. Go Airlines. The sudden cancellation of the flight G8-262 by the Go airlines caused mental, Physical harassment for purchasing air tickets on higher rate to attend marriage of his niece by the complainant. Not only that the complainant along with the family members compelled to stay overnight costing more money to them. In this way, he incurred extra economical burden of Rs. 21,963/- for air tickets and total charges for overnight stay of Rs. 4110/-, in total Rs. 26,073/- for which the O.P.is reliable to pay on the basis of natural justice.

It is admitted that deficiency in services has been done by the O.P. due to which the O.P. had offered to the complainant compensation of Rs. 6,456/- in this regard but the complainant has not accepted the same. However the offer of compensation of O.P. appears to us as inadequate comparing to the mental harassment to attend marriage ceremony before time. Thus, we agree that the amount of compensation as offered by the O.P. Go Airlines must be adequate which in our view Rs. 3,000/- each passenger ( in total Rs. 12,000/-) (In the Instant case for four passengers) will be adequate compensation for mental physical harassment to compensate the complainant and we hold that O.P. is liable to pay the compensation amount of Rs. 24,000/- along with litigation cost of Rs. 3,000/- to the complainant.

7          The Claim of the complainant for payment of Rs. 30,596/- of air tickets from another Airlines and hotel charge of Rs,4110/- both are extra economical burden, so this amount should be paid to the complainant. But it appears that the O.P. had already paid the tickets charges Rs. 8,632/- when the flight was cancelled which should be deducted from the claim. Therefore, the extra burden on the complainant to pay Rs. 21,963/- for air tickets on higher rate and overnight stay of the Hotel charges Rs. 4,110/- in total Rs. 26,073/- was incurred for the payment. Therefore, the O.P. is also liable to pay the extra economic burden as part claim.   

8          Thus we direct the O.P. M/S Go Airlines (India Ltd.) to pay Rs. 26,773/- (Rs. Twenty six thousand seven hundred seventy three) only as extra economical burden, compensation of Rs. 12,000/- (Rs. Twelve thousand) only for mental, physical harassment to the complainant along with litigation cost of Rs. 3,000/( Rs. Three thousand) only.

All the payments must be paid to the complainant within 60 (Sixty) days of this order falling which complainant will be free to file execution case.

Let a copy of this order be sent to the O.P. No.1 and O.P. No.2 for compliance of the order as directed.