Chandigarh

DF-I

CC/681/2019

Jitender Walia - Complainant(s)

Versus

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

Amarpreet Singh

14 Dec 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/681/2019
Date of Institution	:	08/07/2019
Date of Decision	:	14/12/2020

 

 

Jitender Walia W/o Rupinderjit Singh, R/o H.No.6053, Modern Housing Complex, Manimajra, Chandigarh.

… Complainant

V E R S U S

1)   Go Airlines (India) Limited @ Go Air, 1^st Floor, C-1, Wadia International Centre (WIC), Pandurang Budhkar Marg, Worli, Mumbai – 400 025. Nearest Landmark: Deepak Talkies, through its Managing Director/CEO.

2)   Makemy Trip (India) Pvt. Limited, having its Regd. Office at B-36, 1^st Floor, PUSA Road, New Delhi – 110005, through its Managing Director/CEO.

… Opposite Parties

 

CORAM :	RATTAN SINGH THAKUR	PRESIDENT
	SURESH KUMAR SARDANA	MEMBER

 

                                               

ARGUED BY	:	Sh.Amarpreet Singh, Counsel for Complainant
	:	Ms.Niharika Goel, Vice Counsel for Sh.Paras Money Goyal, Counsel for OP No.1.
	:	Sh.Nitin Bhasin, Counsel for OP No.2.

 

Per Suresh Kumar Sardana, Member

1.      The long and short of the allegations are on 10.06.2019 the complainant booked an air ticket through OP No.2 for a round trip to Mumbai. The complainant was confirmed the booking and airline confirmed was Go Air (OP No.1). The departure time of Flight No.G8-2507 was 19:45 hrs on 10.06.2019 and arrival at Mumbai was at 22:35 hrs the same day. The complainant had booked the ticket in emergency as she had to bring her ailing mother back who is aged about 80 years. Ticket from Chandigarh to Mumbai was priced at Rs.18,518/-; whereas, the ticket from Mumbai to Chandigarh was priced at Rs.8,871/-. The flight of OP No.1 was scheduled to take off at 19:45 hrs, but it took off at 19:22 hrs. The flight of OP No.1 was scheduled to reach Mumbai at 22:35 hrs, but due to bad weather was diverted to Ahmedabad and finally, reached Mumbai at 1:15 a.m. on 11.06.2019. No water or food was served to the complainant despite asking for many times. On 11.06.2019 complainant was scheduled to fly back from Mumbai to Chandigarh along with her ailing mother through the same airline (OP No.1) whose booking was already done through OP Non.2. The departure time from Mumbai on 11.06.2019 was 16:30 hrs and arrival at Chandigarh was 19:00 hrs. On 11.06.2019 the Flight No.G8-2506 did not take off at scheduled time of 16:30 hrs but an announcement was made at 17:00 hrs that there is a technical fault and delay is due to that. Air conditioning system of the flight remained off till 17:30 hrs due to technical fault. On inquiry from crew they replied in a very bad way and told that if air conditioning is off it is not going to harm anyone. The flight took off after a delay of more than one hour at 17:30 hrs and reached Chandigarh at 20:00 hrs instead of 19:00 hrs. With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties.
2.      OP No.1 contested the consumer complaint. It has been pleaded that complainant had booked tickets through OP No.2 for the flight of answering OP for a round trip to Mumbai. While leaving, there was an unexpected delay of the scheduled flight by less than 2 hours. The delay was due to bad weather and to maintain the safety travel and landing of the aircraft the flight was diverted to Ahmedabad and arrived Mumbai at 00:05 hrs. All the passengers were explained about the reason for delay. It has been further pleaded that on arrival, there was an unexpected delay of the scheduled flight by less than 45 minutes. The delay was due to some sudden technical defect in the engine of the aircraft which was observed once the aircraft arrived from other destination. All the passengers were intimated and explained about the reason for delay. This delay was due to reasons beyond the control of the airlines. There is neither any deficiency of service nor any mental or physical harassment or discomfort of any type as claimed by the complainant. On these lines, the cause is sought to be defended.
3.      OP No.2 filed its reply, inter alia, admitting the basic facts of the case. It has been pleaded, answering OP is only a facilitator for booking the confirmed air tickets. Once the confirmed bookings are shared with complainant, OP No.2 is discharged from its obligations and duties qua the said booking. The OP No.2 is not responsible for any non-performance by the concerned airlines (OP No.1). Thus, denying all other allegations and stating that there is no deficiency in service or unfair trade practice on its part, OP No.2 has prayed for dismissal of the complaint. 
4.      Parties led evidence by way of affidavits and documents.
5.      We have heard the learned counsel for the parties and gone through the record of the case. After perusal/appraisal/scanning of record, our findings are as under:-
6.      The main grievance of the Complainant is that there was delay in departure of the flight from Chandigarh to Mumbai and also from Mumbai to Chandigarh and no water or food was served to the Complainant despite asking for many times. The Opposite Party No.1 submitted that there was an unexpected delay in the departure of flight by less than two hours which was due to bad weather and it was done to maintain the safety travel of the said aircraft. The Complainant herself has admitted in Para No.8 of her Complaint that due to bad weather the flight was diverted. The Opposite Party No.1 has also submitted that there was an unexpected delay of scheduled flight from Mumbai to Chandigarh by less than an hour i.e. 45 minutes due to sudden technical defect in the engine of the aircraft which was observed once the aircraft arrived from other destination. The Complainant herself has stated this fact in Para No.12 of her Complaint that there is a technical fault and delay is due to that. We are of the concerned opinion that safety of the passengers is utmost important and there does not appear to an intentional delay on the part of the Opposite Party No.1. So far as the allegation of the Complainant about not providing food or water during the late departure of the flight despite requested many times, is concerned, per strength of Rule 3.4 and 3.7 of the Civil Aviation Rules – CAR circular dated 6^th Aug. 2010, we are of the firm opinion that Opposite Party No.1 has complied with the conditions prescribed therein.           Hence, in our opinion, no case is made out against Opposite Parties and the present Complaint qua them deserves to be dismissed. 
7.      For the reasons recorded above, we do not find even a shred of evidence to prove any deficiency in service or unfair trade practice on the part of Opposite Parties. Consequently, the Consumer Complaint fails and the same is dismissed, leaving the parties to bear their own costs.
8.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-		Sd/-
14/12/2020	[Suresh Kumar Sardana]		[Rattan Singh Thakur]
	Member		President
“Dutt”