District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.667/2021

 Date of Institution: 28.12.2021.

Date of Order: 29.9.2022.

Vineet Goyal, Flat No. 303, Block D, ESIC Medical College and Hospital, NIT-3, Faridabad, Haryana – 121001, Phone No. 9811182376.

                                                                   …….Complainant……..

                                                Versus

Go Airlines India Limited, through its Managing Director, Ist floor, C-1, Wadia International Centre, Pandurang Budhakar Marg, Worli, Near Deepak Talkies, Mumbai, Maharashtra – 400 025, Phone – 022-67410000

Also at:

Terminal 2, IGI Airport, New Delhi – 110 037. Phone: 011-2565 3521 email: feedback@goair.in.

                                                                   …Opposite party……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana…………Member.

PRESENT:                   Sh.  Rajeeve Agarwal,  counsel for the complainant.

                             Sh.  Awanish Srivastava, counsel for opposite party.

ORDER:  

                             The facts in brief of the complaint are that  the complainant had planned a family trip to Goa in the month of December 2019 and had booked a Hotel namely Vailankanni Holday Homes, House No. 3/38A, Tivai Vaddo, Near Porait Football Ground, Calangute, Bardez, Goa for 21.12.2019 to 28.12.2019 and had also paid an advance amount of Rs.4,512/- therein.  The complainant and his family had planned the said trip in advance and accordingly had also availed leaves from their offices.   The complainant also searched for the flights of the opposite party and accordingly booked the following flights of the opposite party from Chandigarh to Goa:

The complainant had also booked a return flight from Goa to Delhi as per the details given below:

The complainant had spent a huge amount on the said trip were delighted to spent the Christmas Time in Goa but all his confidence was shattered due to the said transaction.  On 21.12.2019 the complainant alongwith his family reached Chandigarh Airport and were eagerly waiting for the departure of the said flight however the flight was delayed extraordinarily. Family the Flight left Chandigarh around 11 p.m. i.e. more than after 7 hours of the schedule time and reached Ahmadabad aroudn1 A.M. on 22.12.2019.  The complainant was further shocked and harassed when opposite party informed that the flight would not travel to Goa now.  After lot of discussions and perusal the opposite party issued revised ticked from Ahmadabad to Mumbai and Mumbai to Goa.  Accordingly opposite party arranged for an accommodation of the complainant and his family at a hotel namely Pride Plaza Hotel at Ahmadabad till the departure of the revised flight as above.  Thereafter as assured, the opposite party issued boarding passes for both the flights however again the flight G8413 scheduled to leave Ahmadabad at 12.35 p.m. on 23.12.2019 was delayed by 2 hours and finally left at around 2.35 a.m. and reached Mumbai around 4 a.m on 23.12.2019. There was no end to the miseries of the complainant and his family as at Mumbai the opposite party  informed that the connecting flight G8 575 scheduled for Goa was cancelled and there was no alternate arrangement except refund of the money6.  The complainant was aghast at the said revelations as since last more than 50 hours the opposite party had been continuously harassing the complainant and his family.  Accordingly the authorized personnel of the opposite party handed over refund form which was duly filled and signed by the complainant and submitted therein and the officials of the opposite party further promised that the money would be refunded in a week’s time.  Due to the abovesaid circumstances, metal trauma, nausea, lack of sleep, etc. the health of the wife and daughter of the complainant deteriorated and they were not able to continue with further travel to Goa.   Out of the said 8 days trip,l 2 days had been already wasted due to the acts of the opposite party hence the complainant decided to return back to Chandigarh.  The complainant also cancelled the hotel booking at Goa and was also constrained to cancel the return flights to Delhi booked for 28.12.2019.  Accordingly complainant booked the fresh ticket as per the details below:

After the said ordal, finally complainant and his family reached back to Chandigarh 0n 23.12.2019 and complainant cancelled his leaves and joined his

 duty on 24.12.2019 whereas his wife Ms. Gayatri Devi and daughter namely Rahika Goyal were physically and mentally exhausted and had to take medications and had to stay at home for around 11 days and thereafter Ms. Gayatri devi had joined her duty on 01.01.2020. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                refund of Rs.1,68,403/- (Rs. One lakh sixty eight thousand four hundred and three only) i.e. (principal amount Rs.1,25,207/- (Rs. One lakh twenty five thousand two hundred and seven only) plus Rs.43,196/- (Rs. Forty three thousand one hundred and ninety sisx only) as intere4st @ 18% w.e.f 24.12.2019 to 24.11.2021) alongwith further interest @ 18% p.a. till the actual realization in favour of the complainant and against the opposite party.

 b)                pay Rs. 1,00,000/- towards compensation/damages for causing malafide trade practices and efficiency in services in favour of the complainant and against the opposite party.

c)                Rs.25,000/- as compensation for causing mental agony and harassment .

d)                 pay Rs. 25,000 /-as litigation expenses.

2.                Opposite party  put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant had booked three tickets with the answering opposite party airline, to travel from Chandigarh to Goa via Ahmedabad on 21.12.2019.  the complainant had paid consideration towards the booking of ticket to his travel agent i.e. Goibibo.com. It was submitted that the scheduled flight got delayed due to operational reasons beyond the control of opposite party.  However, the flight took off and reached its connecting destination i.e. Ahmadabad,  Therefore, duet to

operational reasons again, the flight schedule to travel from Ahmadabad to Goa got reschedule and the same was to reach Goa via Mumbai on the next day.  The complainant himself had admitted that opposite party had arranged for accommodation of the complainant and his family at Ahmedabad without charging any amount.  Thereafter, when the flight landed t Mumbai, the same was cancelled again due to operational difficulties. In the present complaint at hand, the flight in which the complainant was schedule to travel was rescheduled and cancelled due to unavoidable reasons not under the control of this opposite  party.  Therefore, as per applicable laws of the land, this opposite party cannot be made liable under the complaint. In furtherance to the above submission, clause 3.3.1 of the said CAR regulations provides for procedure to be followed by Airlines in case the lfight was cancelled for any sector. Extract of clause 3.3.1. of the said  CAR  regulations were reproduced herein for ready reference:

Clause 3.3.1

In order to reduce inconvenience caused to the passengers as a result of the cancellations of the flights on which they are booked to travel, airline shall inform the passenger of the cancellation at least two weeks before the scheduled time of departure and arrange alternate flight/refund as acceptable to the passenger.  In case the passengers are informed of the cancellation less than two weeks before and up to 24 hours of the scheduled time of departure, the airline shall offer an alternate flight or refund the ticket, as acceptable to the passenger. Above clause 3.3.1 makes it clear that opposite party in the present complaint was not at all liable for deficiency in service as alleged by the complainant.  First of all, the reason for cancellation if flight was due to unavoidable operational reason beyond the control

of this opposite party.   Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                The parties led evidence in support of their respective versions.

4.                We have heard learned counsel for the parties and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite parties–Go Airlines (India) Ltd. with the prayer to: a)    refund of Rs.1,68,403/- (Rs. One lakh sixty eight thousand four hundred and three only) i.e. (principal amount Rs.1,25,207/- (Rs. One lakh twenty five thousand two hundred and seven only) plus Rs.43,196/- (Rs. Forty three thousand one hundred and ninety sisx only) as intere4st @ 18% w.e.f 24.12.2019 to 24.11.2021) alongwith further interest @ 18% p.a. till the actual realization in favour of the complainant and against the opposite party.  b)  pay Rs. 1,00,000/- towards compensation/damages for causing malafide trade practices and efficiency in services in favour of the complainant and against the opposite party. c)Rs.25,000/- as compensation for causing mental agony and harassment . d)         pay Rs. 25,000 /-as litigation expenses.

                   To establish his case the complainant  has led in his evidence,  affidavit of Shri Vineet Goyal,, Annx.C-1 -  -address/identification proof,, Annx.C-2 – Tickets from Chandigarh to Goa dated 21.12.2019, Annx.C-3 – Ticket from Goa to Delhi dated 28.12.2019, Annx. C-4 – Tickets from Ahmadabad to Mumbai dated 23.12.2019, Annx. C-5 – Tickets from Mumbai to Goa dated 23.12.2019, Annx.C-6 – Refund Form dated 23.12.2019, Annx.C-7 –cancelled tickets form

Goa to Delhi dated 28.12.2019,  Annx.C-8 – Tickets from Mumbai to Chandigarh dated 23.12.2019,Annx. C-9 –email dated 30.12.2019,Annx.C-10 – legal notice dated 12.01.2021, Annx.C-11 – postal receipts dated 12.01.2021, Annx.C-12 – email dated 15.01.2021, Annx.C-13 – Receipt/Acknowledged email dated 15.01.2021.

On the other hand counsel for the opposite party strongly agitated and

opposed.  As per the evidence of the opposite party  Ex.RW1/Am- affidavit Mr. Vishal Mathur S/o Shri Arun Kumar Prasad, aged about 34 years, Authorised Signatory of opposite party, Ex.-1  - CAR regulation series “M” part Iv issued by  Office of the Director General of Civil Aviation (DGCA) dated 06.08.2010 (as amended  upto date), Annx.1 – Terms and conditions.

6.                In this case, the complaint was filed by the complainant with the loss of Rs.1,68,403/- on the different heads.

7.                During the course of arguments, counsel for the complainant has placed on record  the Monthly statement of SBI Cards, Detailed statement,

8.                As per the Account statements of the complainant, there are transactions on dated Ist October 2019, the complainant  has spent Rs.36,644/- ticket from Chandigarh  to Goa and  on 23^rd December 2019, urgent ticket from Mumbai to Chandigarh and lots of  different heads and the taxi  and hotel expenses comes at Sl. No. 173 return ticket from, Goa to Delhi which was cancelled  but the cancellation charges was given by the complainant and refund of the returned ticket from Goa to Delhi on 24.12.2019.  Refund was taken by the complainant as per statement page 14 at sl. No.192.

9.                After going through the circumstances and the evidence led by the complainant, the Commission is of the opinion that there is direct loss of Rs,85,000/- and indirect loss of Rs.15,000/- as per the evidence led by the complainant.   No doubt, there is  deficiency in service on the part of the opposite party.  Hence, the complaint is allowed with the direction to pay Rs.1,00,000/- in lumpsum i.e direct and indirect loss to the complainant within 30 days from the date of receipt of copy of this order.Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.

Announced on:29.09.2022                                   (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                            (Indira Bhadana)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.