Chandigarh

DF-I

CC/260/2015

Tarlochan Singh - Complainant(s)

Versus

Go Airlines - Opp.Party(s)

Mohan Singh Ghuman

29 Sep 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/260/2015
Date  of  Institution	:	29/04/2015
Date   of   Decision	:	29/09/2015

 

 

 

 

 

Tarlochan Singh, resident of House No. 22-B, Sector 4, Chandigarh.

….Complainant

Vs.

 

1.   Go Airlines, through its Manager, Airport Office, Civil Airport, Airport Authority of India, Zirakpur Road, Chandigarh.

 

2.   Bajaj Travels Limited, SCO 96-97, Sector 17-C, Chandigarh, through its Manager.

…… Opposite Parties

 

BEFORE:   SH. P.L. AHUJA               PRESIDENT

MRS.SURJEET KAUR             MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

For Complainants	:	Sh. Mohan Singh Ghuman, Advocate.
For OP No.1	:	Ex-parte.
For OP No.2	:	Sh. Deepak Aggarwal, Advocate.

 

PER SURJEET KAUR, MEMBER

 

 

 

          Succinctly put, the Complainant purchased an inclusive package of Air Travel-cum-Hotel Stay for 03 days/nights for 04 persons from Opposite Parties and paid consideration amount of Rs.2,10,000/- vide Cheque dated 06.01.2015 of HDFC Bank, Chandigarh (Details of payment Annexure C-1). The said inclusive package comprised of air travel by Go Airlines (Opposite Party No.1) for 04 persons from Chandigarh to Goa and back for 03 days/ nights and stay at Hotel Taj Fort Aguda North Goa (Air Tickets and Hotel Stay Voucher Annexure C-2 & C-3). The air journey was to commence on 17.02.2015 by Flight No.382/371 of Go Airlines (Opposite Party No.1) with scheduled departure at 1130 hrs. from Chandigarh to Mumbai. The said flight was however cancelled by Opposite Party No.1 at the last moment without announcement of any reasons to do so nor any announcement was made about the schedule of next flight. Thus, the Complainant was made to wait for the whole day on 17.2.2015 without any definite information for the next flight to be boarded. The Complainant and his other three family members were ultimately accommodated in Flight No.384/379 which departed from Chandigarh at 1900 hrs. thereby causing delay of 7-1/2 hours. The Complainant thus reached at Mumbai Airport by 10.00 P.M. instead of reaching by 1.30 P.M. on 17.2.2015 (Fresh Tickets Annexure C-4). Due to inordinate delay of 7-1/2 hours at Chandigarh Airport, the Complainants missed their connecting flight from Mumbai to Goa on 17.2.2015 resulting agonizing wait for further 10 long hours at Mumbai Airport during intervening night on 17/18 Feb., 2015. Opposite Party No.1 failed to provide any facility whatsoever and the Complainant along with his family members were once again left to bear the brunt of miseries and hardship at Mumbai Airport. The Complainant and his family members eventually boarded Flight No.G8-375 on 18.2.2015 from Mumbai to Goa and this Flight too was delayed by about 3-1/2 hours and departed at 9.00 A.M. instead of scheduled departure at 5.25 A.M. (Annexure C-5 & C-6). The Complainant along with his three family members thus arrived at the aforesaid Hotel Taj Fort Aguda North Goa by noon time on 18.02.2015 instead of scheduled arrival in the evening on 17.02.2015. The Complainant in this way not only faced endless miseries and harassment at the hands of Opposite Parties but also lost one night hotel stay in Goa costing non-refundable amount of Rs.70,000/-. The Complainant approached the Opposite Party No.1 via e-mail narrating the entire ordeal, delay and harassment and requested the Opposite Party to compensate for all this (Annexure C-7). The only reply given by Opposite Party No.1 was a request to the Complainant to give some more time and shall revert shortly (Annexure C-8). The Complainant did not receive any further communication from Opposite Party No.1. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs. 

  

2.     Notice of the complaint was sent to Opposite Parties, seeking their version of the case. However, despite service, nobody appeared on behalf of Opposite Party No.1, therefore, it was proceeded against ex-parte on 23.07.2015.

 

3.     Opposite Party No.2 in its written statement, while admitting the factual matrix of the case, has pleaded that all booking were made as desired by the Complainant. The Complainant had paid Rs.2,10,000/- as cost of the package for 04 persons inclusive of air tickets on Go Air for travel from Chandigarh to Goa and back and 03 night stay at Hotel Taj Fort Aguda, North Goa. The booking was made for travel from Chandigarh to Goa on 17.02.2015 by Go Air Flight No. G8 382/371 via Mumbai. The flight was to depart on 17.02.2015 at 1130 hours. All bookings of airline and hotel were confirmed at the time of finalization. On 17.02.2015 the Go Air Flight G8 383 from Chandigarh was cancelled due to reasons best known to the Airline. It has been asserted that Go Airlines (Opposite Party No.1) also did not inform the answering Opposite Party about the cancellation of flight. The Opposite Party No.2 has no role in cancellation of the above said flight or any other flights hence it was not responsible for any inconvenience or harassment caused to the Complainant.   Denying all other allegations and stating that there is no deficiency in service on its part, Opposite Party has prayed for dismissal of the complaint. 

 

4.     Parties were permitted to place their respective evidence on record in support of their contentions.

 

5.     We have heard the learned Counsel for the parties and perused the record along with the written arguments filed on behalf of both the Complainant. 

 

6.     It is evident from Annexure C-1 that the Complainant deposited Rs.2,10,000/- with Opposite Party No.2 on 06.01.2015 for the purchase of a tour package from Chandigarh to Goa. Annexures C-2 and C-3 are the tickets and hotel stay voucher. As per the Complainant the air journey was to commence on 17.02.2015, but the same was cancelled by the Opposite Party No.1 at the last moment, without announcement of any reasons for the same and even the schedule of the next flight was not conveyed to the Complainant and his family members.

 

7.     The main grouse of the Complainant is that he and his family members reached their destination one day subsequent to as scheduled and they waited for 10 long hours at Mumbai Airport during the intervening night of 17/18.2.2015. Even no facility was provided by the Opposite Party during the aforesaid time period. Therefore, the Complainant and his family members reached their destination the Hotel Taj Fort Aguda North Goa by noon on 18.02.2015 instead of scheduled arrival in the evening of 17.02.2015. It has been urged that due to the careless attitude of the Opposite Parties, the Complainant and his family members lost one night hotel stay in Goa costing non-refundable amount of Rs.70,000/- Annexure C-7 dated 25.02.2015 is an e-mail by the Complainant with a report to the Opposite Party No.1 for the mismanagement and rude behavior by its staff. In response to the said e-mail the Opposite Party No.1 replied vide e-mail dated 26.02.2015 annexed at page no.29 with a request to the Complainant to give it some more time and it will revert to the Complainant shortly.   

 

8.     The stand taken by the Opposite Party No.2 (Travel Agent) is that Opposite Party No.1 never informed it about the cancellation of the flight. Therefore, it has no role in cancellation, delay and inconvenience caused to the Complainants.

 

9.     The Opposite Party No.1 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Party No.1 draws an adverse inference against it. The non-appearance of the Opposite Party No.1 shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted & uncontroverted.

 

10.     After going through the facts on record, it becomes clear that after responding to the e-mail (Annexure C-7), the Opposite Party No.1 never communicated with the Complainant to redress his grievance. A careful perusal of this e-mail shows that the Opposite Party No.1 in one way admitted its fault to cause inconvenience to the Complainant and his family members that is why it had requested for some more time to revert to the Complainant. The Complainant in his Complaint has not held Opposite Party No.2 responsible for any inconvenience or harassment to him and his family members. Even Opposite Party No.2 has also stated that it was not informed by Opposite Party No.1 regarding cancellation of the flight. Therefore, the Complaint stands dismissed against Opposite Party No.2. But, the act of Opposite Party No.1 in cancelling the scheduled flight at the last moment, without announcement of any reasons to do so, has not only caused inordinate delay and harassment to the Complainant and his family members, but also forced the Complainant to indulge into present unnecessary litigation. 

 

11.     In view of the above discussion, we are of the opinion that the present complaint should succeed. The same is accordingly, allowed. The Opposite Party No.1 is directed to:-

 

[a]    To refund Rs.70,000/- for loss of one night stay at Hotel Taj Fort to the Complainant.

 

[b]    To pay Rs.20,000/- on account of deficiency in service and causing mental and physical harassment to the Complainant;

 

[c]    To pay Rs.10,000/- as costs of litigation;

 

12.     The above said order shall be complied within 30 days of its receipt by the Opposite Party No.1; thereafter, it shall be liable for an interest @9% per annum on the amount mentioned in per sub-para [a] and [b] above, apart from paying costs of litigation of Rs.10,000/-, from the date of institution of this complaint, till it is paid.

 

13.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

29^th September, 2015                                

Sd/-

(P.L. AHUJA)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER