BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 471 of 2017
Date of Institution: 19.07.2017
Date of Decision: 16.01.2018
Dr.Anu Girdhar aged 45 years w/o Dr.Puneet Girdhar, resident of H.No.F-7, 479-A, Kashmir Avenue, Amritsar.
Complainant
Versus
- Indigo Airlines Level 1, 2nd Floor, Global Business Park, Tower C, Mehrauli, Gurgaon Road, DLF City Phase 3, Gurgaon-122010 (Near Guru Dronacharya Metro Station) through its Manager/ Principal Officer/ Regional Manager.
- A.B.Travel, Second Floor, Plot Number 125, Sector 2, BMCB Complex Aggarwal Bhawan Road, Ghandidham through its Prop.
Opposite Parties
Complaint under section 11 & 12 of the Consumer Protection Act, 1986 (as amended upto date).
Present: For the Complainant: Sh.Vikram Puri, Advocate.
For Opposite Party No.1: Sh.S.S.Randhawa, Advocate.
For Opposite Party No. 2: Exparte.
Coram
Sh.Anoop Sharma, Presiding Member
Ms.Rachna Arora, Member.
Order dictated by:
Sh.Anoop Sharm, Presiding Member
1. The complainant has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986 on the allegations that the complainant got booked three tickets from Amritsar to Delhi through A.B.Travel Planners on 11.6.2017 of Opposite Party No.1 Airline for herself and her two children for 16.6.2017 by paying a sum of Rs.11,373/- as the son of the complainant had to appear for his school interview on 17.6.2017 at Scindia School Gwalior and the complainant had further booked four air tickets from Delhi to Gwalior by Air India Airline for herself, her husband and two children by paying a sum of Rs.9455/- booked on 11.6.2017 for 16.6.2017 through agent. It is further submitted that on the date of journey from Amritsar to Delhi on 16.6.2017 the flight of Opposite Party got cancelled without any prior information. The officials of the Opposite Party had not bothered to send any prior message to the passengers including the complainant. The flight of the Opposite Party was scheduled on 16.6.2017 at 6:50 AM and husband of the complainant received one message from Opposite Party at 7:30 AM that flight has been cancelled. The complainant came to know about the cancellation of flight after reaching the Airport. There was no prior information regarding this cancellation of flight. The complainant had already done web check in for the same a night prior. The complainant failed to understand that if web check in was available, it mean the flight was available and then how it got cancelled on reaching the airport without any prior information. If the officials of Opposite Party No.1 would have informed the complainant well in time regarding the cancellation of flight, the complainant would have made some alternative arrangement in time to reach Delhi because the complainant had further booked four air tickets of Air India flight from Delhi to Gwalior for 16.6.2017 at 10:45 AM for four passengers i.e. the complainant, her husband and two children and all those four tickets also went waste by paying a sum of Rs.9455/-. Thereafter, immediately the complainant booked three Jet Airways tickets for herself and for her two children on the spot by paying a sum of Rs.14,631/- from Amritsar to Delhi booked on the same day i.e. 16.6.2017. On reaching Delhi, the complainant took the taxi to reach Gwalior by paying a sum of Rs.19,600/- as the time very short and it was urgent for the complainant to reach Gwalior in time as the son of the complainant was supposed to appear for the school interview which was scheduled for 17.6.2017. This all led to lot of mental harassment and tension and financial loss to the complainant as the complainant reached Gwalior at 11 PM instead of 11 AM which further lead to all mismanagement of schedule. It is further pertinent to mention over here that no doubt, the Opposite Party No.1 has already refunded the ticket fair charges i.e. Rs.11,000/- to the complainant, but it does not lead to the satisfaction of the complainant as the due to inaction of the Opposite Party No.1 by cancellation of the flight on the spot on 16.6.2017 the complainant had to buy three air tickets of Jet Airways by paying a sum of Rs.14,631/- and four air tickets of Air India flight which were got booked by the complainant from Delhi to Gwalior by paying a sum of Rs.9455/- for 16.6.2017 also went waste as the Air India only refunded a sum of Rs.1100/- and on reaching Delhi the complainant had to hire taxi for Delhi to Gwalior by paying a sum of Rs.19,600/- and all this led to lot of financial loss to the complainant. All illegal and inaction on the part of Opposite Party No.1 amounts to deficiency in service and Unfair Trade Practice for which the complainant is also entitled to get suitable compensation from Opposite Party No.1. The complainant had visited the office of Opposite Party No.1 and requested them to listen to her and to pay her all the charges which were incurred by the complainant due to inaction of Opposite Party No.1 by cancellation of flight on the spot and complainant had to buy 3 air tickets of Jet airways on the spot by paying a sum of Rs.14,631/- and not only this, the complainant had to book taxi by paying a sum of Rs.19,600/- and Air India also refunded only a sum of Rs.1100/- out of Rs.9455/- totaling to about Rs.43,000/- spent by the complainant but the Opposite Party No.1 is adamant not to refund the hard earned amount of the complainant and this action of Opposite Party No.1 is otherwise illegal one, void, arbitrary and against the principle of natural justice. Vide instant complaint, the complainant has sought the following reliefs.
a) Opposite Party No.1 may kindly be directed to refund the amount of Rs.43,000/- to the complainant alongwith interest @ 12% per annum from the date of making payment till its actual realization.
b) Opposite Party No.1 may also be directed to pay compensation of Rs.30,000/- to the complainant.
c) Opposite Party No.1 be also directed to pay the costs of the present complaint alongwith litigation expenses and counsel fee of Rs.15,000/-.
d) Any other relief to which the complainant may be found entitled to under law may kindly be awarded to the complainant.
Hence, this complaint.
2. Upon notice, none appeared on behalf of Opposite Party No. 2 and hence Opposite Party No. 2 was proceeded against exparte vide order of this Forum.
3. Opposite Party No.1 appeared and contested the complaint by filing written statement taking preliminary objections therein inter alia that the present complaint is bad for misjoinder and non joinder of necessary parties. The complainant has filed the present complaint against wrong entity inasmuch as the company which undertakes airline operations domestically in India as well as to certain international destinations is registered under the corporate name of InterGlobe Aviation Limited. Therefore, to the extent the present complaint has been filed against Indigo Airlines, it is defective and liable to be dismissed as such. Without prejudice, it is stated that as per Interglobe Aviation Limited record, which constitute the primary record of air carriage with Indigo Airlines, the complainant alongwith two other passengers was booked for air travel on 16.6.2017 from Amritsar to Delhi on board Indigo Flight No.6E-525. Said booking was confirmed by InterGlobe Aviation Limited under PNR No.SC89PZ, upon receipt of a total amount INR 11,373/- for tickets including the two other passengers also. Said booking was only processed after acceptance of the IndiGo CoC by or on behalf of the complainant and other passenger, as per normal practice. Further, the Indigo CoC apply equally to bookings made for air travel with any travel partner of Interglobe Aviation Limited. As per the Indigo CoC, InterGlobe Aviation Limited reserves the right to reschedule or cancel their flights. As per InterGlobe Aviation Limited’s record Indigo Flgiht No.6E-525 (scheduled departure at 6:45 AM) had to be rescheduled on 14.6.2017 to Indigo Flight No.6E-637 (scheduled departure at 4:55 PM) due to operational and technical reasons, which was beyond the control of InterGlobe Aviation Limited. The information regarding the change in the complainant’s flight schedule, was communicated to them via multiple e-mails on 14.6.2017 to the email address as provided at the time of booking, as well as twice on 15.6.2017, that were sent successfully on the email address registered under the complainant’s booking with InterGlobe Aviation Limited by or on behalf of the complainant herself and in such a case of reschedule or change of flight time, the passengers had various right to choose a refund; to choose a credit for future travel on Indigo; to re book onto an alternative Indigo flight at no additional cost (subject to availability). As per the record of InterGlobe Aviation Limited, the complainant and other passengers requested to cancel their booking which was complied with accordingly by InterGlobe Aviation Limited and full refund of the booking amount for all the three passengers was processed. Therefore, in accordance with the contractually binding Indigo CoC, InterGlobe Aviation Limited will not be liable for any incurred by customers, if at all, as a result of any change in schedule of flights. On merits, almost same and similar pleas have been taken by the Opposite Party No.1 as taken by them in the preliminary objections. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.
4. In her bid to prove the case, complainant tendered into evidence affidavit Ex.C-1 in support of the allegations made in the complaint and also produced copies of documents Ex.C2 to Ex.C 10 and closed her evidence.
5. On the other hand, to rebut the evidence of the complainant, the Opposite Party No.1 tendered into evidence the affidavit of Ayushi Aggarawal Ex.OP1/1 alongwith copies of documents Ex.OP1/2 to Ex.OP1/8 and closed the evidence on behalf of Opposite Party No.1.
6. We have heard the ld.counsel for the parties and have carefully gone through the evidence on record.
7. The complainant has submitted his affidavit Ex.C1 in which he has reiterated the facts as detailed in the complaint and contended that the complainant got booked three tickets from Amritsar to Delhi through A.B.Travel Planners on 11.6.2017 of Opposite Party No.1 Airline for herself and her two children for 16.6.2017 by paying a sum of Rs.11,373/- as the son of the complainant had to appear for his school interview on 17.6.2017 at Scindia School Gwalior and the complainant had further booked four air tickets from Delhi to Gwalior by Air India Airline for herself, her husband and two children by paying a sum of Rs.9455/- booked on 11.6.2017 for 16.6.2017 through agent. It is further submitted that on the date of journey from Amritsar to Delhi on 16.6.2017 the flight of Opposite Party got cancelled without any prior information. The officials of the Opposite Party had not bothered to send any prior message to the passengers including the complainant. The flight of the Opposite Party was scheduled on 16.6.2017 at 6:50 AM and husband of the complainant received one message from Opposite Party at 7:30 AM that flight has been cancelled. The complainant came to know about the cancellation of flight after reaching the Airport. There was no prior information regarding this cancellation of flight. The complainant had already done web check in for the same a night prior. The complainant failed to understand that if web check in was available, it mean the flight was available and then how it got cancelled on reaching the airport without any prior information. If the officials of Opposite Party No.1 would have informed the complainant well in time regarding the cancellation of flight, the complainant would have made some alternative arrangement in time to reach Delhi because the complainant had further booked four air tickets of Air India flight from Delhi to Gwalior for 16.6.2017 at 10:45 AM for four passengers i.e. the complainant, her husband and two children and all those four tickets also went waste by paying a sum of Rs.9455/-. Thereafter, immediately the complainant booked three Jet Airways tickets for herself and for her two children on the spot by paying a sum of Rs.14,631/- from Amritsar to Delhi booked on the same day i.e. 16.6.2017. On reaching Delhi, the complainant took the taxi to reach Gwalior by paying a sum of Rs.19,600/- as the time very short and it was urgent for the complainant to reach Gwalior in time as the son of the complainant was supposed to appear for the school interview which was scheduled for 17.6.2017. This all led to lot of mental harassment and tension and financial loss to the complainant as the complainant reached Gwalior at 11 PM instead of 11 AM which further lead to all mismanagement of schedule. It is further pertinent to mention over here that no doubt, the Opposite Party No.1 has already refunded the ticket faire charges i.e. Rs.11,000/- to the complainant, but it does not lead to the satisfaction of the complainant as the due to inaction of the Opposite Party No.1 by cancellation of the flight on the spot on 16.6.2017 the complainant had to buy three air tickets of Jet Airways by paying a sum of Rs.14,631/- and four air tickets of Air India flight which were got booked by the complainant from Delhi to Gwalior by paying a sum of Rs.9455/- for 16.6.2017 also went waste as the Air India only refunded a sum of Rs.1100/- and on reaching Delhi the complainant had to hire taxi for Delhi to Gwalior by paying a sum of Rs.19,600/- and all this led to lot of financial loss to the complainant. All illegal and inaction on the part of Opposite Party No.1 amounts to deficiency in service and Unfair Trade Practice for which the complainant is also entitled to get suitable compensation from Opposite Party No.1. The complainant had visited the office of Opposite Party No.1 and requested them to listen to her and to pay her all the charges which were incurred by the complainant due to inaction of Opposite Party No.1 by cancellation of flight on the spot and complainant had to buy 3 air tickets of Jet airways on the spot by paying a sum of Rs.14,631/- and not only this, the complainant had to book taxi by paying a sum of Rs.19,600/- and Air India also refunded only a sum of Rs.1100/- out of Rs.9455/- totaling to about Rs.43,000/- spent by the complainant but the Opposite Party No.1 is adamant not to refund the hard earned amount of the complainant and this action of Opposite Party No.1 is otherwise illegal one, void, arbitrary and against the principle of natural justice.
8. On the other hand, ld.counsel for Opposite Party No.1 has repelled the aforesaid contention of the ld.counsel for the complainant on the ground that as per Interglobe Aviation Limited record, which constitute the primary record of air carriage with Indigo Airlines, the complainant alongwith two other passengers was booked for air travel on 16.6.2017 from Amritsar to Delhi on board Indigo Flight No.6E-525. Said booking was confirmed by InterGlobe Aviation Limited under PNR No.SC89PZ, upon receipt of a total amount INR 11,373/- for tickets including the two other passengers also. Said booking was only processed after acceptance of the IndiGo CoC by or on behalf of the complainant and other passenger, as per normal practice. Further, the Indigo CoC apply equally to bookings made for air travel with any travel partner of Interglobe Aviation Limited. As per the Indigo CoC, InterGlobe Aviation Limited reserves the right to reschedule or cancel their flights. As per InterGlobe Aviation Limited’s record Indigo Flgiht No.6E-525 (scheduled departure at 6:45 AM) had to be rescheduled on 14.6.2017 to Indigo Flight No.6E-637 (scheduled departure at 4:55 PM) due to operational and technical reasons, which was beyond the control of InterGlobe Aviation Limited. The information regarding the change in the complainant’s flight schedule, was communicated to them via multiple e-mails on 14.6.2017 to the email address as provided at the time of booking, as well as twice on 15.6.2017, that were sent successfully on the email address registered under the complainant’s booking with InterGlobe Aviation Limited by or on behalf of the complainant herself and in such a case of reschedule or change of flight time, the passengers had various right to choose a refund; to choose a credit for future travel on Indigo; to re book onto an alternative Indigo flight at no additional cost (subject to availability). As per the record of InterGlobe Aviation Limited, the complainant and other passengers requested to cancel their booking which was complied with accordingly by InterGlobe Aviation Limited and full refund of the booking amount for all the three passengers was processed. Therefore, in accordance with the contractually binding Indigo CoC, InterGlobe Aviation Limited will not be liable for any incurred by customers, if at all, as a result of any change in schedule of flights and hence, there is no deficiency in service on the part of the Opposite Party No.1.
9. It is not disputed that the complainant got booked three tickets from Amritsar to Delhi through A.B.Travel Planners on 11.6.2017 of Opposite Party No.1 Airline for herself and her two children for 16.6.2017 by paying a sum of Rs.11,373/- as the son of the complainant had to appear for his school interview on 17.6.2017 at Scindia School Gwalior, but the time of reaching the airport, the Opposite Party No.1 cancelled the flight of the complainant. On the other hand, the contention of the Opposite Party No.1 is that as per the Indigo CoC, InterGlobe Aviation Limited reserves the right to reschedule or cancel their flights. As per InterGlobe Aviation Limited’s record Indigo Flgiht No.6E-525 (scheduled departure at 6:45 AM) had to be rescheduled on 14.6.2017 to Indigo Flight No.6E-637 (scheduled departure at 4:55 PM) due to operational and technical reasons, which was beyond the control of InterGlobe Aviation Limited. The information regarding the change in the complainant’s flight schedule, was communicated to them via multiple e-mails on 14.6.2017 to the email address as provided at the time of booking, as well as twice on 15.6.2017, that were sent successfully on the email address registered under the complainant’s booking with InterGlobe Aviation Limited by or on behalf of the complainant herself and in such a case of reschedule or change of flight time, the passengers had various right to choose a refund; to choose a credit for future travel on Indigo; to re book onto an alternative Indigo flight at no additional cost (subject to availability). As per the record of InterGlobe Aviation Limited, the complainant and other passengers requested to cancel their booking which was complied with accordingly by InterGlobe Aviation Limited and full refund of the booking amount for all the three passengers was processed. Therefore, in accordance with the contractually binding Indigo CoC, InterGlobe Aviation Limited will not be liable for any incurred by customers, if at all, as a result of any change in schedule of flights and hence, there is no deficiency in service on the part of the Opposite Party No.1. But we are not agree with the aforesaid contention of the Opposite Party No.1. Though the Opposite Party No.1 has refunded the amount of air tickets purchased by the complainant for travel, but that was at the last moment and at that time, the complainant had no alternative but to purchase some other costly air tickets to reach at her destination which was very urgent, because the son of the complainant had to appear in Interview to be held at Gwalior and not only this, the complainant was compelled to hire a taxi to reach at Gwalior and in such a situation the complainant must have suffered mental tension and harassment which can not be compensated in the shape of money. But however, the complainant claimed compensation Rs.30,000/- to the complainant besides Rs.15,000/- as costs of litigation besides refund of Rs.43,000/- spent by her on tickets and taxi charges alongwith interest @ 12% per annum.
10. In view of the aforesaid facts and circumstances, we direct the Opposite Party No.1 to pay Rs.43,000/- towards payment spent on tickets as well as taxi charges. Opposite Party No.1 is also directed to pay Rs.20,000/- on account of compensation for causing her mental tension and harassment besides Rs.10,000/- as costs of litigation. Opposite Party No.1 is directed to comply with the order within one month from the receipt of copy of the order; failing which, awarded amount shall carry interest @ 6% p.a from the date of passing of order until full and final recovery. But however, the complaint against Opposite Party No. 2 stands dismissed. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated: 16.01.2018. (Rachna Arora) (Anoop Sharma)
Member Presiding Member
