BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI

                                  Consumer Complaint No.  79 of 2015

                                 Date of institution:          20.02.2015

                                                 Date of Decision:            25.06.2015

Subhash Sethi son of Sham Sunder, resident of House No.345, Sector 37-A, Chandigarh.

    ……..Complainant

                                        Versus

1.     Go Green Journeys, Shop No.4, Neelkanth Plaza, Opposite Shekhon Banquet Hall, Kalka – Shimla Highway, Dhakoli, Zirakpur.

2.     Go Airlines India Limited through its Managing Director/Directors, First Floor, C-1, Wadia International Centre, WIC PANBURANG, Budhkar Marg, Worli, Mumbai 400 025.

3.     Mrs. Ballinee Desouja, Employee of Go Airlines India Limited, Airport Authorities, Mumbai

………. Opposite Parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

CORAM

Mrs. Madhu. P. Singh, President.

Shri Amrinder Singh, Member.

Mrs. R.K. Aulakh, Member.

Present:    Shri Anil Sharma, counsel for the complainants.

                Opposite Parties exparte.

(Mrs. Madhu P. Singh, President)

ORDER

                By this common order, we are disposing of 10 other connected complaints as detailed below, as all are having some controversy as well as similar question of facts and law:

                The common case of the complainant is that a group of 13 persons including the complainants planned for Goa Tour.  The tickets for the tour were booked with OP No.1. As per the schedule of the tour, the complainants boarded the plane on 18.09.2014 from Chandigarh to Mumbai and further flight from Mumbai to Goa. The return journey of the complainants was on 22.09.2014 from Goa to Mumbai and then by the connected flight from Mumbai to Chandigarh through Flit No.G8-383 departure time 04.15 PM with arrival time at Chandigarh at 18.30 PM.  As per the schedule, the complainants and other two persons of their group reached Mumbai Airport on 22.09.2014 at about 03.20 to 3.25 PM. The complainants and other two persons of their group were to board the flight from Mumbai to Chandigarh by 16.15 PM but OP No.3 issued two boarding passes to the other two members of the group namely Ashish Kanotra and Bikramjit Singh and was reluctant to issue boarding passes to the complainants on the ground that they are late by 5 minutes. OP No.3 even did not accept the requests of the complainants and refused to issue the boarding passes.  The behaviour of OP No.3 was irresponsible towards the complainants.  The complainants started peaceful agitation against OP No.3 as she had intentionally and deliberately ignored the request of the complainants. After that Mr. Parera, Deputy Airport Manager reached the spot and felt sorry for misbehaviour of the staff of the OPs. Even OP No.3 could not answer to the query of Dy. Airport Manager for not issuing the boarding passes to the complainants. The Dy. Airport Manager made alternative arrangement for the complainants to reach their destinations by another flight with departure time of 18.15 PM and arrival time at 20.25. Thus instead of the complainants reaching their houses on the evening of 22.09.2014 they reached on the next day morning due to which the complainants had to cancel many appointments.  The acts and misbehaviour of the OPs also published in the leading newspapers. Thus, due to deficiency in service on the part of the OPs, the complainants have suffered undue harassment, mental agony, and financial losses.

                With these allegations, the complainants have sought directions to the OPs to:

(a)    pay to each complainant compensation to the tune of Rs.50,000/- for mental harassment, agony and humiliation.

(b)    pay to each complainant Rs.45,000/- towards loss suffered by them due to cancellation of their appointments.

(c)    pay to each complainant Rs.55,000/- towards litigation expenses.

2.             Upon admission of the complaint, registered notice was sent to the OPs. As per report of India Post, the notices were delivered to OP No.1 on 07.03.2015 and to OP Nos.2 and 3 on 02.03.2015. However, none appeared for them and they were thus proceeded against exparte vide order dated 07.04.2015.

3.             To support their versions, the complainants tendered in each complaint their respective affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to 13.

4.             We have heard learned counsel for the complainants and have gone through the written arguments.

5.             It is submitted by the learned counsel for the complainants that the OPs have indulged into unfair trade practice by not accommodating in the flight on 22.09.2014 from Mumbai to Chandigarh against confirmed air tickets without assigning any valid and legal reason. The complainants have booked the confirmed tickets from Chandigarh to Mumbai and from Mumbai to Chandigarh for journey on 18.09.2014 and 22.09.2014 respectively. So far the journey undertaken by the complainants from Chandigarh to Mumbai and Mumbai to Goa on 18.09.2014 and return journey from Goa to Mumbai on 22.09.2014 is concerned, the complainants have no grievance against the services rendered by the OPs. The problem started on 22.09.2014 when after embarking from plane on return journey from Goa to Mumbai on 22.09.2014 at Mumbai airport the complainants were to get the connecting flight from Mumbai to Chandigarh on the same date against the confirmed tickets by Go Air. The Go Air staff at the Mumbai Airport refused to issue the boarding passes to the complainants whereas boarding passes to two of their associates have been issued by the OPs. All the 13 persons have reported at the same time for getting the boarding passes but the officials of the Go Air has refused to issue the boarding passes to the complainants verbally that they have reached late. Despite much persuasion from the side of the complainants, the OPs have not issued the boarding passes and, therefore, they were not accommodated in the flight No.G-8-383 for Mumbai to Chandigarh which was to reach at Chandigarh at 6.30 PM. When the complainant approached the Dy. Airport Manager and raised their concerns with him, he accommodated them in the alternate flight i.e. G-8-339 from Mumbai to Delhi which reached at Delhi around 8.25 PM and from Delhi to Chandigarh the Go Air made arrangements by road. Therefore, the complainants instead of reaching at Chandigarh at 6.30 PM on 22.09.2014 as per the original schedule, reached Chandigarh on 23.09.2014 the next day morning and that too by road and, therefore, due to late arrival at Chandigarh the complainants have to cancel their appointments scheduled for the day i.e. 23.09.2014. The complainant deposed about all these facts in their affidavits as well as proved by way of documentary evidence Ex.C-1 to C-13.

7.             The evidence produced by the complainant shows that they were not accommodated in the scheduled flight from Mumbai to Chandigarh and they were accommodated in the alternate flight from Mumbai to Delhi on the same day without charging anything extra from them. Definitely there is a delay of approximately 8 hours in reaching to the destination as the complainants have to travel from Delhi to Chandigarh by road which has consumed much time and caused inconvenience to the complainant. However, the complainants have not produced any document to show at the exact time of their reaching Chandigarh. Further the complainants have not shown any document that they had to cancel their pre engagements/appointments due to the late arrival at Chandigarh.

8.             It is a fact that the complainants have been put to inconvenience at Mumbai Airport by the Ops but the complainants have undertaken the journey without protest from Mumbai to Delhi by alternate arrangements made by the OPs on the same day. Even if it is presumed that due to alternate arrangements made by the OPs, the complainants reached their destination late by 7-8 hours, it has not been proved on file that the complainants have suffered any loss or damage and further there is nothing on record to show that due to late arrival of complainants at Chandigarh, they have missed some engagement/appointments causing them financial loss.  No doubt the complainants have suffered harassment and agony at the Mumbai airport when they were refused the boarding passes without assigning any reason for the scheduled flight. The absence of the OPs  despite being properly served is nothing but admission from their side as has been held by the Hon’ble Kerala State Consumer Disputes Redressal Commission in K.D. Ajay Khosh Vs. M/s. Alliance Habitat, CLT 2013 (2) 389. Thus for causing inconvenience and harassments to the complainants by not  issuing them the boarding passes for the scheduled flight from Mumbai to Chandigarh without assigning any reason is an act of deficiency in service on the part of the OPs.  Therefore, the complaints deserve to be allowed and the complainants deserve to be compensated.

9.             The complaints are hereby allowed with the following directions to the OPs to:

(a)    to pay a lump sum compensation of Rs.10,000/- (Rs. Ten thousand only) to each complainant for mental agony, harassment and costs of litigation.

                Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.

Pronounced.                           

June 25, 2015.    

                                                                     (Mrs. Madhu P. Singh)

                                                                        President

(Amrinder Singh)

Member

(Mrs. R.K. Aulakh)

Member