DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 29th day of November, 2024
Filed on: 11/04/2022
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member Smt.Sreevidhia.T.N Member
C.C. NO. 203/2022
COMPLAINANT
Saji Joseph, S/o. Joseph T., Apsara, Anicadu, Avoly P.O., Muvattupuzha Village & Taluk, Ernakulam 686670.
(Rep. by Adv. Joe S. Adhikaram, Muvattupuzha)
Vs.
OPPOSITE PARTY
M/s. Indigo airlines, Central Wing, Ground Floor, Thaper House, 124, Janpath, New Delhi 110001.
(Rep. by Adv. Hariharan M.S. & Shakthi Prakash, Das and Associates, Ambady Lane, Near YMCA Junction, Ernakulam, Cochin 11)
F I N A L O R D E R
V. Ramachandran, Member:
This complaint is filed by Sri. Saji Joseph T., Apsara, Anicadu, Avoly P.O., Muvattupuzha, against M/s. Indigo Airlines, New Delhi alleging deficiency of service and unfair trade practice from the side of opposite party. Complainant along with four others had booked air ticket with the opposite party vide PNR No. FPPFXA to travel from Kochi to Srinagar on 28/02/2022 in Indigo flight No. 6E349 from Kochi to Mumbai and to the connected segment Mumbai to Srinagar in Indigo Flight No. 6E559 on the very same day. The departure time from Kochi was at 10.05 and the arrival time in Mumbai was 12.05 and the departure time from Mumbai was at 14.50 and the arrival time in Srinagar was fixed at 17.25 hrs. Complainant along with four others had paid Rs.58,035/- towards the total fare and subsequently they had paid an amount of Rs.1,500/- for selection of seat while getting the respective e-boarding pass on 27/02/2022. Rs.1,500/- was paid by the complainant through his google pay and the other amount was paid by cash to the agent of the opposite party at Muvattupuzha. Thus an amount of Rs.11,907/- each has been paid by the complainant as well as others to the opposite party.
On 28/02/2022 complainant along with four others in the same PNR departed from Kochi in Indigo flight and arrived in Mumbai at around 12 in the noon. At the time of arrival in the Mumbai airport the connection Indigo Flight No. 6E559 was shown in the display of the Airport as scheduled. After having the lunch, when they reached the designated boarding zone-1, it was intimated by the CISF officials that the Indigo Flight No. 6E559 stands cancelled. No intimation on cancellation was given to complainant or other passengers in the same PNR till the time they reached the boarding zone that too by the CISF officials. No notification was sent by the opposite party regarding the cancellation in the registered e-mail of the complainant whereas a notification by sms has reached the complainant at 3.41 pm at the very designated flight departure time itself was 2.50 pm.
From the designated boarding zone, the complainant and the other passengers were made to run from pillar to post in the airport and at last by the intervention of the Airport Manager, at around 3.50 pm they were given tickets to fly to Delhi and from there to Srinagar on 02/03/2022 stating that it is the only next available flight to the destination. Though the complainant and others requested to arrange for lodging for overnight stay on 28th February and 1st March along with food vouchers, it was turned down by officials of the opposite party. As a result complainant along with others had no other option but to stay back in Mumbai in hotel for two nights spending out huge expenses towards the rent and food. Thus for the fault of the opposite party, complainant and his colleagues were made to stay in Mumbai for two days.
As the complainant had already reported for the original flight and made to wait for the alternate flight for two days, free of charge meals and refreshments for the waiting time ought to have been arranged by the opposite party along with hotel accommodation including transfers to and fro the airport and hotel.
The opposite party was responsible for the situation due to their deficiency in service. The deficiency in service has been in fragrant violation of the contractual obligation on their part. Due to the fault, imperfection, shortcoming and inadequacies in quality the flight was cancelled and it was not informed consciously and deliberately. The quality, nature and manner of performance which was required to be performed by the opposite party in reference to the contract of carriage, was not performed. During this period, complainant had lost his booked hotel room, food and trip in Kashmir. Thus he had to suffer mental agony, harassment, suffering and frustration due to the latches of the opposite party and therefore pray to direct the opposite party to pay an amount of Rs.1,00,000/- as compensation for the damages.
Upon notice opposite party entered into appearance and filed their version. In the version the opposite party stated that the complainants were passengers on the flight No. 6E349 in Indigo and travelled to Mumbai and reached to Mumbai Airport. Subsequently on 28/02/2022, it was verbally communicated to the concerned department of Inter Globe Aviation Ltd. through the Air Traffic Control (ATC) at Srinagar that night operations are not permitted at the Srinagar Airport (ie. operation after sunset) and on the date of travel ie. 28/02/2023 the sunset timing as provided to Inter Globe Aviation Ltd. was 1808 hrs. In view thereof Inter Globe Aviation Ltd. operated the Original Indigo Flight, in case of any delay by the ATC at Mumbai Airport or Srinagar airport, the Original Indigo Flight could have been required to either come back at Mumbai airport or land at another nearby airport instead of Srinagar. Keeping the convenience and safety of its passenger, Inter Globe Aviation Ltd. was constrained to cancel the Original Indigo Flight on account of the communication provided by ATC, Srinagar. The same was a condition entirely beyond the control of Inter Globe Aviation Ltd. and entirely based on the information provided by ATC, Srinagar. The information regarding the cancellation of the Original Indigo Flight along with the reason of cancellation was immediately informed to complainant and accompanying passengers on 28/02/2022 on their registered mobile number provide at the time of booking the Original Indigo Flight by an SMS at 13.02 hrs along with an e-mail at 13.02 hrs. along with notifying the complainant and the accompanying passengers, Inter Globe Aviation Ltd. provided an option to book an alternative flight or refund the entire booking amount for the Original Indigo Flight. Upon arrival at Mumbai, the complainant and accompanying passengers were once again provided with all the available options to book an alternative flight or refund the booking amount for the Original Indigo Flight. After looking at all the alternative flight options, Inter Globe Aviation Ltd. could officer an alternate flight only on 02/03/2022. The complainant and the accompanying passenger voluntarily and willingly opted to the said alternate flight to their destination. On 02/03/2022, the complainant and the accompanying passengers successfully travelled on board the New Indigo Flights and reached their destination without raising any grievance or issue.
However, despite successfully completing the travel on board the New Indigo Flights, the complainant addressed a grievance vide e-mail dated 14/03/2022 regarding the cancellation of original Indigo Flight to the customer relations team of Inter Globe Aviation Ltd. Inter Globe Aviation Ltd. duly responded to the complainant’s e-mail on 17/03/2022, wherein the complainant was once again informed that the original Indigo Flight was cancelled due to runway restriction at Srinagar Airport ie. a sudden and unforeseen operational reason entirely beyond the control of Inter Globe Aviation Ltd. Opposite party submitted that such information with respect to closure of the runway is informed to the concerned department of an airline verbally by the concerned ATC and accordingly, airlines are required to amend their flight schedule. The complainant was specifically informed that the change in schedule depends upon various other factors including airport infrastructure, runway availability, air traffic, delays in incoming flights due to weather and/or air traffic congestion etc. and that those factors can contribute to delays/cancellations are beyond the control of Inter Globe Aviation Ltd. from the aforementioned statement of facts, it is evident that there is no liability incurred by Inter Globe Aviation Ltd and that Inter Globe Aviation Ltd. provided its service to the best of its capability, and with utmost efficiency to the complainant and the accompanying passengers and hence stated that the opposite party is not at all liable to pay any compensation since there is no deficiency of service as per Series M Part IV, Section 3 of Civil Aviation Requirement which is stated below:
The operating airline would not have the obligation to pay compensation in cases where the cancellations and delays have been caused by an event(s) of force majeure ie. extraordinary circumstance(s) beyond the control of the airline, the impact of which lead to the cancellation/delay of flight(s), and which could not have been avoided even if all reasonable measures had been taken by the airline. Such extraordinary circumstances may in particular, occur due to political instability, natural disaster, civil war, insurrection or riot, flood, explosion, government regulation or order affecting the aircraft, strikes and labour disputes causing cessation, slowdown or interruption of work or any other factors that are beyond the control of the airline.
Additionally, airlines would also not be able to pay any compensation in respect of cancellation and delays clearly attributable to Air Traffic Control (ATC), meteorological conditions, security risks or any other causes that are beyond the control of the airline but which affect their ability to operate flights on schedule. Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft or several aircraft on a particular day, gives rise to a long delay or delays, an overnight delay or the cancellation of one or more flights by that aircraft, and which could not be avoided even though the airline concerned had taken all reasonable measures to avoid or overcome of the impact of the relevant fact and therefore the delays or cancellations.
The complainant had produced 8 documents which are marked as Exbt. A1 to A8. Opposite parties filed 8 documents and which are marked as Exbt. B1 and B8. Complainant was examined as PW1 in box.
From the above documents and also from the facts submitted by complainant and opposite party the Commission has to verify the following points:
- Whether the complainant is sustained to any sort of deficiency of service, or unfair trade practice from the side of the opposite party?
- Whether the complainant is eligible to get any relief from the opposite party?
- Cost of the proceedings if any?
On going through the complaint, version and other documents, it can been seen that the complainant along with 4 other persons travelled from Kochi to Mumbai and to the connected segment Mumbai to Srinagar in Indigo flight on the very same day. The trip to Srinagar was cancelled due to reason stated to be operational and therefore the opposite party argued that they are not liable to pay any compensation. The operating airline would not have the obligation to pay compensation in cases where the cancellations and delays have been caused by an event(s) of force majeure ie. extraordinary circumstance(s) beyond the control of the airline, the impact of which lead to the cancellation/delay of flight(s), and which could not have been avoided even if all reasonable measures had been taken by the airline. Such extraordinary circumstances may in particular, occur due to political instability, natural disaster, civil war, insurrection or riot, flood, explosion, government regulation or order affecting the aircraft, strikes and labour disputes causing cessation, slowdown or interruption of work or any other factors that are beyond the control of the airline.
Additionally, airlines would also not be able to pay any compensation in respect of cancellation and delays clearly attributable to Air Traffic Control (ATC), meteorological conditions, security risks or any other causes that are beyond the control of the airline but which affect their ability to operate flights on schedule. Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft or several aircraft on a particular day, gives rise to a long delay or delays, an overnight delay or the cancellation of one or more flights by that aircraft, and which could not be avoided even though the airline concerned had taken all reasonable measures to avoid or overcome of the impact of the relevant fact and therefore the delays or cancellations.
Things being so the Commission evaluated the gravity of the grievance of the consumer complaint contrasting with the nature and circumstances stated by the opposite party and seen that the stand of opposite party in cancelling the flight from Mumbai to Srinagar on 28/02/2022 is reasonable. But at the same time the opposite party had failed to provide accommodation and food to the complainant by arranging suitable means is a very clear case of deficiency of service since the flight which was scheduled against the cancelled one was on 02/03/2022 which had happened because of no fault of complainant. The days between the cancellation and rescheduled date is too late and thereby the complainant was sustained deficiency of service and unfair trade practice by the opposite party. Taking this aspect into account the complainant proved Point No .1 in favour of the complainant and hence the following orders are issued.
- The opposite party shall pay an amount of Rs.1,00,000/-(Rupees one lakh only) as compensation to the complainant.
- The opposite party shall pay an amount of Rs.10,000/- (Rupees ten thousand only) as cost of proceedings to the complainant.
The above order shall be complied with by the opposite parties No. 1&2 within 45 days from the date of receipt of this order.
Pronounced in the Open Commission on this the 29th day of November, 2024.
V.Ramachandran, Member
Sd/-
D.B.Binu, President
Sd/-
Sreevidhia.T.N, Member
Forwarded/By Order
Assistant Registrar
Appendix
Complainant’s Evidence
Exbt. A1: Copy of ticket issued by Kuruvithadam Travels, Muvattupuzha
Exbt. A2: Copy of boarding pass
Exbt. A3: Copy of e-mail communications
Exbt. A4: Copy of e-mail communications
Exbt. A5: Copy of e-mail communications
Exbt. A6: Copy of sunset sunrise calendar of Srinagar for February, 2022.
Exbt. A7: Copy of e-mail communications
Exbt. A8: Copy of e-mail communications
Opposite party’s Exhibits
Exbt. B1: Copy of letter of authorization
Exbt. B2: Copy of certificate of incorporation
Exbt. B3: Copy of screenshot from the official records of Inter Globe Aviation Ltd.
Exbt. B4: Copy of screenshot from the official records of Inter Globe Aviation Ltd.
Exbt. B5: Copy of screenshot from the official records of Inter Globe Aviation Ltd.
Exbt. B6: Copy of screenshot from the official records of Inter Globe Aviation Ltd.
Exbt. A7: Copy of Civil Aviation Requirements
Exbt. A8: Copy of passenger charter
Despatch date:
By hand: By post
kp/ C.C. NO. 203/2022
Order dated: 29/11/2024
No. 156/2016
Order Date: ….. /11/2024
