PER SHRI. S.B. DHUMAL – HON’BLE PRESIDENT
1) That the Complainant who is resident of Prabhadevi, Mumbai, had booked ticket of Opposite Party – Go Airlines (India) Pvt. Ltd., for travel from Chandigarh to Mumbai on 5th January, 2011 by Flight No.G8-141 scheduled to depart at 8.45 a.m. and arriving at Chandigarh at 11.00 a.m. and also of return journey on 6th January, 2011. According to the Complainant, on 5th January, 2011 before leaving his resident on inquiry with Opposite Party it was informed that flight was in-time but when he reached at the Airport he noticed that flight was delayed. Finally said flight left at around 13.10 hours.
2) It is submitted that during the course of the flight, the Commander informed the passengers owing to poor vicinity, the flight is diverted to New Delhi and the flight landed in Delhi. The Complainant was off loaded at Delhi Airport. It is submitted by the Complainant that he contacted airlines ground staff in Delhi and informed that he had an urgent meeting in Chandigarh and asked to provide a taxi for onward travel to Chandigarh. However, the Opposite Party Airlines declined to provide taxi and offered Rs.1,000/-. The Complainant refused the said offer. He has no option other than to take a taxi from airport. The Complainant lodged official complaint in his hand written letter dtd.05/01/2011 to Mr. Saurabh Gupta. Copy of the said complaint/letter is produced alongwith complaint at Annexure ‘A’.
3) After return to Mumbai, the Complainant had sent a letter dtd.11/01/20111 to Opposite Party No.1 and officially lodged his claim for Rs.43,100/-. Copy of the said letter is at Annexure ‘B’. Inspite of repeated reminders there was no response from the Opposite Parties. Therefore, the Complainant sent legal notice to the Opposite Party but Opposite Parties have neither bothered to reply nor Complainant’s claim was settled. Therefore, the Complainant has filed this complaint.
4) The Complainant has requested to direct Opposite Party to pay to the Complainant sum of Rs.56,532/-, particulars of which are given in the complaint prayer clause. Further, the Complainant has prayed for compensation of Rs.5 Lacs from the Opposite Party towards mental agony and harassment and Rs.25,000/- towards cost and expenses of this litigation. In support of the complaint the Complainant has filed his affidavit and produced documents at Annexure ‘A to D’.
5) Opposite Party was duly served with the notice of this complaint. It appears that Mr. Shyam Narayan Shukla, Representative of M/s. Vikram Philip & Associates, Advocate for the Opposite Party filed an application for adjournment for 2 week stating that “due to personal reason we cannot appear in the matter today.” However, therefore, neither the Opposite Party nor their advocate appeared before this Forum. Opposite Parties have not filed written statement and remained absent.
6) We heard oral submissions of the Complainant– Mr. S.K. Tapuriah. In support of his contention that he had booked ticket for travel to Chandigarh by flight of Opposite Party on 5th January, 2011 and also return of journey, the Complainant has produced copy of the ticket at Annexure ‘D’. It appears that the Complainant had booked ticket for his journey to Chandigarh on 5th January, 2011 by Flight No.G8-141 schedule to depart at 8.45 a.m. and arriving at Chandigarh at 11.00 a.m. It was T–Economy class ticket. Return journey ticket was dtd.06/01/2011 and it was U-Economy class ticket. The Complainant paid total amount of Rs.13,432/- to the Opposite Party. It is the case of the Complainant before leaving his residence on 05/01/2011 on inquiry with Opposite Party, it had informed that flight was in-time. Accordingly the Complainant went to the airport but flight was delayed and it left Mumbai Airport at around 13.10 hours. It is submitted on behalf of Complainant that it was necessary on the part Opposite Party to inform the passengers that there was delay in flight. Further, delay in flight itself amounts to deficiency in service on the part of Opposite Parties. There is no reason to disbelieve unchallenged version of the Complainant that there was delay in departure of flight from Mumbai Airport.
7) It is submitted by the Complainant, during the course of flight it was informed by the Commander of the said flight to the passengers that owing to the poor vicinity, the flight is diverted at New Delhi. At New Delhi Airport the Complainant was off loaded from the flight. According to the Complainant, when he approached ground staff of the Opposite Party and informed them that he had to attend an urgent meeting at Chandigarh and asked for arrangement for taxi but there was no response from the Opposite Party and Opposite Party offered only Rs.1,000/-. The Complainant refused to accept the said amount. It is submitted by the Complainant that it was necessary on the part of Opposite Parties when plane was diverted to New Delhi to make arrangement for the passenger to travel to Chandigarh to take back the flight to Mumbai but no such arrangement was made by the Opposite Party. Therefore, he hired taxi at the airport and went to Chandigarh to attend meeting. He reached at Chandigarh at 10.45 p.a. in night and therefore, he stayed at Hotel Timber Trails at Parwanoo and for that purpose he spent Rs.4,500/-. According to the Complainant, on the next day the Complainant went to his meeting and booked in Opposite Party’s flight departing at 11.00 a.m. but the flight was delayed and rescheduled at 15.10 hours. Further, it was informed that flight could not land at Chandigarh so by taxi he went to Delhi. In the letter dtd.11/01/2011, the Complainant had informed the aforesaid facts to the Opposite Parties but there was no reply from the Opposite Party. The Opposite Party has not filed written statement and therefore, averment made in the complaint are remained unchallenged. Considering the aforesaid facts, we hold that Complainant has proved deficiency in service on the part of Opposite Parties.
8) The Complainant has claimed recovery of total amount of Rs.56,532/- towards the expenses incurred by him, Rs.5 Lacs towards compensation for mental agony and Rs.25,000/- towards cost and expenses of litigation. The Complainant claimed for recovery of aforesaid amount appears to be exorbitant. The Complainant has claimed for refund of ticket for sector Mumbai-Chandigarh-Mumbai from the Opposite Party. Even according to the Complainant, from Mumbai he went to Delhi by the flight of Opposite Party. From Delhi he went to Chandigarh by taxi and returned to Delhi by taxi. Thereafter, from Delhi to Mumbai he travelled by flight of Opposite Party. Besides refund of entire tickets the Complainant is also claiming taxi fare incurred by him for travel from Delhi to Chandigarh and Chandigarh to Delhi. We hold that the Complainant is not entitled to claim refund of air ticket for sector Mumbai-Chandigarh-Mumbai, as claimed.
9) The Complainant has claimed taxi fare of Rs.6,500/- for Delhi to Chandigarh and again he claimed Rs.6,500/- as taxi fare from Chandigarh to Delhi. The distance between the Chandigarh to Delhi is about 250 kms. If rate of taxi fare is taken as Rs.6/- per km. then taxi fare for total journey of 500 kms. comes to Rs.3,000/-. So we think it just to direct Opposite Parties to pay Rs.3,000/- to the Complainant towards taxi fare.
10) The Complainant has claimed Rs.1,200/- as expenses incurred at Delhi refreshment and dinner in route to Chandigarh. The amount claimed by the Complainant appears to be excessive. We think it just to direct Opposite Parties to pay Rs.600/- to the Complainant towards refreshment & dinner in route to Chandigarh. The Complainant has claimed hotel expenses of Timber Trails of Rs.4,500/-. The Complainant has not produced any documentary evidence to prove that during relevant period he stayed at hotel Timber Trials. Further, he has not produced rate card of hotel Timber Trials to support his claim. So we think it just to allow the Complainant’s claim of hotel expenses at Rs.3,000/-. The Complainant has claimed expenses of refreshment at dinner in route to Delhi of Rs.400/-. The amount claimed is reasonable.
11) The Complainant has claimed compensation for loss of 24 hours of his precious time i.e. Rs.1,000/- per hour. The Complainant has claimed total amount Rs.24,000/-. At the same time the Complainant has claimed Rs.5,00,000/- as compensation for mental agony & harassment. We think it just to direct Opposite Parties to pay Rs.5,000/- to the Complainant towards compensation for mental agony & harassment. Further the Complainant has claimed Rs.25,000/- towards cost and litigation. Considering the nature of this complaint, we think it just to direct Opposite Parties to pay to the Complainant Rs.5,000/- towards cost of this litigation.
12) For the reasons discussed above, we think it just to direct Opposite Parties to pay to the Complainant Rs.3,000/- towards taxi fare, Rs.1,000/- towards the expenses incurred for refreshment from Delhi to Chandigarh in route and for return journey to Delhi, Rs.5,000/- as compensation for mental agony & harassment and Rs.5,000/- towards cost and expenses of litigation i.e. total Rs.14,000/-. Hence, we pass following order –
O R D E R
i.Complaint No.191/2011 is partly allowed.
ii.Opposite Party No.1 & 2 shall jointly and/or severally pay an amount of Rs.4,000/-(Rs. Four Thousand Only) to the
Complainant with interest @ 12% p.a. on aforesaid amount from the date of filing i.e. from 03/06/2011 till realization
of entire amount to the Complainant.
iii.Opposite Party No.1 & 2 shall jointly and/or severally pay an amount of Rs.5,000/- (Rs. Five Thousand Only) towards
compensation for mental agony & harassment and Rs.5,000/- (Rs. Five Thousand Only) towards cost and expenses
of litigation.
iv.Opposite Party No. 1 & 2 jointly and/or severally shall comply with the aforesaid order within one month from the date
of receipt of this order.
v.Certified copies of this order be furnished to the parties.
