| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No.124 of 6.4.2018 Decided on: 10.2.2021 Nirmal Kumar Bhalla 67 years S/o Sh.Ram Sarup Bhalla, resident of House No.1084, Urban Estate Phase-2,Patiala. …………...Complainant Versus Chief Executive officer, Corporate Office, Indigo Airlines, Level 1, Tower C, Global Business Park, Mehrauli – Gurgaon Road, Gurgaon 122002 ( Haryana ). …………Opposite Party Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Y.S.Matta, Member ARGUED BY Complainant in person. Sh.Amit Gupta, counsel for OP. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Nirmal Kumar Bhalla (hereinafter referred to as the complainant) against Chief Executive Officer (hereinafter referred to as the OP/s) .
- Briefly stated, the case of the complainant is that on 5.11.2017 he booked through on line a return flight ticket with INDIGO Airlines for travelling from Delhi to Kochi, Kerla, date of flight 10.2.2018 in flight number 6E 315 leaving Delhi at 0535 hours and from Kochi to Delhi, date of flight 15.2.2018 in flight number 6E 369 leaving Kochi at 1200 hrs via Bangalore reaching Delhi at 19.35 hours vide PNR No.PFNMJQ and the OP confirmed the booking through text message dated 5.11.2017. It is averred that the complainant boarded the booked flight on 10.2.2018 at 0535 hours and reached Kochi at about 8.30 hours on the same date. It is further averred that the OP did not inform the complainant about the cancellation of flight from Bengalore to Delhi onwards. The complainant contacted the OP but no reason was given. It is further averred that sudden cancellation of the flight by the OP and non disclosure of the same caused lot of inconvenience and difficulties in making alternative arrangements for reaching Delhi. It is further averred that the complainant was running a private detective agency and had to meet a client but due to sudden cancellation of flight by OP he could not meet him and faced loss in business. It is further averred that the complainant spent Rs.9300/- on his return journey from Kochi to Delhi in another airlines whereas he had spent Rs.8098/- on his two ways. There is thus deficiency in service on the part of the OPs which caused financial loss, inconvenience, mental agony and harassment to the complainant. The complainant also got served legal notice dated 5.3.2018 upon the OP for paying compensation of Rs.10,00,000/-but to no effect. Hence this complaint with the prayer to accept the same by giving direction to the OPs to pay Rs.10,00,000/-as compensation for the inconvenience, mental agony and harassment caused to him.
- Notice of the complaint was duly given to the OP who appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that the present complaint is not maintainable; that the complainant has not disclosed true and correct facts before this Hon’ble Forum; that the complaint is bad in law for misjoinder and non-joinder of necessary parties.
- It is submitted that the complainant booked the flight in question which is governed by certain terms and conditions of air travel. It is further submitted that as per the records, the Indigo Flight from Kochi to Delhi was cancelled on account of operational reasons beyond the control of OP and the said change was notified to all the passengers by InterGlobe Aviation Limited through short message service and manual calls on their respective registered mobile numbers. In the present case also, InterGlobe Aviation Limited on 12.2.2018 itself at about 17:46 hours updated the status of Indigo Flight No.6E-3988 to the complainant at his registered mobile number and the complainant voluntarily opted for the refund of the ticket amount of his booking in the cancelled Indigo Flight and he has received the same. There is no deficiency in service on the part of the OP.After denying all other averments, the OP prayed for the dismissal of the complaint.
- In support of his complaint, the complainant tendered in evidence Ex.CA his affidavit alongwith documents Exs.C1 to C7 and closed the evidence.
- On the other hand, the ld. counsel for the OP has tendered in evidence Ex.OPA, affidavit of Sh.Rahul Kumar, Associate General Counsel, alongwith documents Exs.OP1 to OP6 and closed the evidence.
- Both the parties filed the written arguments. We have gone through the same, heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- Complainant Nirmal Kumar Bhalla has argued that on 5.11.2017 he booked returned flight ticket with Indigo Airline from Delhi to Kochi for 10.2.2018 and from Kochi to Delhi for 15.2.2018.The complainant has further argued that Op No.2 informed him about the booking by giving him message on 5.11.2017.The complainant further argued that he boarded the flight on 10.2.2018 and reached Kochi on the same date. He further argued that on 12.2.2018 while he was in Kochi he came to know from a person who is staying in the same hotel that flight has been cancelled by airline from Bengalore to Delhi and he was never informed about the same by the OP for which they were legally bound to do so.The complainant further argued that he contacted the airline on phone who informed that flight has been cancelled without giving any reason..The complainant argued that he had paid Rs.8098/- through his credit card for both the tickets and due to cancellation of the flight he has to face lot of inconvenience and difficulty in making alternative arrangements. He has stated that he lost business of Rs.2,20,000/-due to his late arrival and he has to spend Rs.9300/- on his return journey from Kochi to Delhi from another airline, so he has prayed for compensation of Rs.10,00,000/-.
- On the other hand, the ld. counsel for the OPs has argued that due to technical reason flight was cancelled and the complainant was duly informed on his mobile phone and message was sent. The counsel has stated that the amount was duly refunded to the complainant and there is no evidence on the file that how he has suffered loss by not meeting his client. The ld. counsel further argued that the complaint has been filed merely on conjecture without any documentary evidence that how he has entitled to recover Rs.10,00,000/- from the OP.The ld. counsel further argued that on 12.2.2018 InterGlobe has updated the status and complainant was informed that Indigo flight has been cancelled and the complainant requested for refund of ticket that was refunded. The ld. counsel further argued that there is no deficiency in service on the part of the OP.
- To prove his complaint, complainant tendered his affidavit,Ex.CA and he has deposed as per his complaint.Ex.C1 is the copy of messages received by the complainant on 5.2.2018, 9.2.2018 and 10.2.2018 .Ex.C2 is the legal notice sent to the OP.Ex.C3 is the flight detail from Delhi to Kochi, Kochi to Bangalore and Bangalore to Delhi,Ex.C4 is the tax invoice, Ex.C5 is the boarding pass, Ex.C6 is the receipt of Rs.8098/- for booking of both the tickets, Ex.C7 is credit card statement.
- On behalf of the OP Sh.Rahul Kumar has tendered his affidavit,Ex.OPA and he has deposed as per the written statement, Ex.OP1 is copy of certificate of Incorporation of the OP company,Ex.OP2 is the policy of the OP company,Ex.OP3 is a document regarding SMS sent for flight cancellation,Ex.OP5 is the important document vide which Rs.3334/- were refunded to the complainant on 13.2.2018, Ex.OP6 is reply to the legal notice.
- It is admitted fact that complainant booked single ticket from Delhi to Kochi for 10.2.2018 and from Kochi to Bangalore and Bangalore to Delhi for 15.2.2018 of Indigo Airline for Rs.8098/-.It is the case of the complainant that flight from Bangalore to Delhi was cancelled and message was sent to the complainant on 12.2.2018, the complainant on the other hand has stated that no message was sent. The two way ticket was purchased by the complainant for 8098 vide receipt,Ex.C6 and this fact is also admitted by the OP. The flight from Bangalore to Delhi was cancelled and it is also admitted that vide document Ex.OP5 Rs.3334/- i.e. entire fare was refunded back to the complainant Nirmal Kumar.
- Nirmal Kumar has sought a compensation of Rs.10,00,000/-. In para No.8 of the complaint he has stated that he is running detective agency and he had to meet his client from Canada and the client was to make him the payment of Rs.2lac.He has further stated that as he could not connected his client so he has lost business of Rs.2,20,000/- but the complainant has tried to over reach all the facts as there is no evidence lead by the complainant that there was meeting fixed with some client from Canada and he has to charge Rs.2,00,000/-.As there is no evidence on the file lead by the complainant that he has lost business of Rs.2,20,000/- so the complainant is not entitled to any amount due to loss of business.
- No doubt there was deficiency in service on the part of the OP.When the ticket was already confirmed as is clearly from Ex.OP6 from Kochi to Bangalore and Bangalore to Delhi then when flight was cancelled on 12.2.2018 from Bangalore to Delhi that Indigo was duty bound to board this passenger to some other flight from Bangalore to Delhi on their own expenses but this thing was not done by the OP.When the person has booked his flight was already confirmed and flight is cancelled then naturally the person was harassed even more when no alternative ticket is supplied to him by the airline. So it is clear that there is deficiency in service on the part of the OP but it is already stated above that already Rs.3334/- has been refunded back to the complainant as no alternative flight was arranged for him, so complainant is entitled to amount of mental harassment and for damages to the tune of Rs.25000/-.Accordingly the complaint is allowed partly and the OP is directed to pay Rs.25000/- as compensation to the complainant for causing harassment and mental agony alongwith Rs.10,000/- as litigation expenses. Compliance of the order be made by the OP within a period of 45 days from the date of the receipt of the certified copy of this order.
ANNOUNCED DATED:10.2.2021 Y.S.Matta Jasjit Singh Bhinder Member President | |
