BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMRITSAR.

Consumer Complaint No. 183 of 2022

Date of Institution: 20.4.2022

                                                          Date of Decision:9.10.2024

1. Sukhpal Singh son of S. Arjan Singh;
2. Prabhjot Kaur wife of S. Sukhpal Singh ;
3. Mehak Ishwar Kaur daughter of S. Sukhpal Singh
4. Sukrit Singh minor son of S. Sukhpal Singh, minor through his father/natural guardian Sh. Sukhpal Singh who has got no adverse interest against the minor child

All residents of H.No. 701, A-Block, New Amritsar, Amritsar (M.No..98140-64126)

Complainants

Versus

1. Indigo Airlines, having its registered office at Upper Ground Floor, Thapar House, Gate No.2, Western Wing, 124, Janpal, New Delhi-110001 through its Managing Director/Director/Principle Officer/Authorized Signatory/Person over all Incharge
2. Indigo Airlines, through its Chairman/Director/Managing Director/ Authorized Signatory/person over all Incharge, through its local branch office at Shri Guru Ram Dass Ji International Airport, Rajasansi, Amritsar

Opposite Parties

Complaint under section 34 & 35 of the Consumer Protection Act, 2019

Result : Complaint Partly Allowed

Counsel for the parties  :

For the  Complainant                         : Sh.Munish Kohli,Adv.

For the Opposite Parties No.1 & 2     : Sh .Lalit Tuteja, Adv.

CORAM

Mr.Jagdishwar Kumar Chopra, President

Mrs.Mandeep Kaur, Member

ORDER:-

Mr.Jagdishwar Kumar Chopra, President :-Order of this commission will dispose of the present complaint filed by the complainant u/s 34 & 35 of the Consumer Protection Act, 2019.

Brief facts and pleadings

1.       Brief facts of the case are that complainant   No.2 is wife of complainant, complainant No.3 is daughter  of complainants No.1 & 2 , whereas complainant No.4 is minor son of the complainants No.1 & 2 . The complainants had planned a family tour/trip to visit from Amritsar to Goa and they had taken pre-planned booking of direct flight with the confirmed returned tickets from the opposite parties on 10.1.2022 as detailed below:-

The complainant has made the payment of requisite consideration amount to the opposite parties . It is pertinent to mention over here that on 1`0.1.2022 the opposite parties cancelled the abovesaid tickets of direct flight from Amritsar to Goa due to operational reasons and reschedule the flight and instead of direct flight from Amritsar to Goa had arranged flight from Amritsar to Delhi and Delhi to Goa with confirmed returned tickets on 17.1.2022 as detailed below:-

 It is pertinent to mention here that earlier the complainants booked direct flights and confirmed their tickets with return tickets, but however on account of cancellation of said    tickets of direct flight from Amritsar to Goa, the complainant alongwith his family had faced great mental, pain and harassment at the hands of the opposite parties for waiting for next flight from Delhi to Goa for the period of three hours  and even on the Airport the representatives of opposite parties also did not accommodate the complainants in any manner. Further the confirmed returned tickets from Goa to Amritsar direct flight No. 6E 6065(A320) on 17.1.2022  have also been cancelled without assigning any reason  and without giving any prior intimation to the complainants regarding cancellation of said flight. However when the complainants enquired about the same, they received great shock to know that the said flight had been cancelled and re schedule  the flight from Goa to Delhi and Delhi to Amritsar  as detailed below:-

The opposite parties never explained the technical reason nor any of the official of the opposite party stated the actual reason for such cancellation and even no prior intimation with respect to cancellation of direct return flight was ever given to the complainants. The aforesaid act of the opposite parties  amounts to deficiency in service, malpractice, unfair trade practice  and has caused lot of mental agony, harassment, inconvenience besides financial loss to the complainant. Vide instant complaint, complainants have sought the following reliefs:-

(i)      Opposite parties be directed to pay Rs. 4,00,000/- as compensation  to the complainants on account of causing undue harassment, mental pain, agony, inconvenience besides monetary loss as well as physical problem to the complainants.

(ii)     Opposite parties be also directed to pay adequate  litigation expenses  to the  complainants.

(iii)    Any other relief to which the complainants are found entitled be also granted to the complainants.

Hence, this complaint.

2.       Upon notice, opposite  parties appeared and filed written version taking certain preliminary objections therein interalia that  present complaint is bad for misjoinder and non joinder of necessary parties ; that this Hon’ble  Commission does not have the jurisdiction to hear the present complaint.  Brief facts of the case are complainants were booked to travel from Amritsar to Goa onboard Indigo Flight 6E-6064 (“Onward Indigo Flight) scheduled to department from Amritsar at 22:30 hours and to arrive in  Goa at 01:35 hours on 11.1.2022 and were booked to travel from Goa to Amritsar onboard flight 6E-6065 (“Return Indigo flight”) scheduled to depart from Goa at 00:15 hours and to arrive in Amritsar at 03:10 hours on 17.1.2022. The aforesaid booking was not made directly  with InterGlobe Aviation Limited but through a third party travel agent Yatra  Online Pvt.Ltd (not impleaded in the present proceedings) on 10.1.2022 and was confirmed under PNR FJR9SC upon receipt of INR 43468 paid by the third party travel agent on behalf  the complainants. On 10.1.2022 itself because of the operational reasons beyond the control of InterGlobe Aviation  Limited the aforesaid IndiGo Flight 6E 6064 was cancelled for 11.1.2022 and the booking under PNR FJR9SC was rescheduled to Indigo Flight 6E324/2329 scheduled to depart on 12.1.2022 . The Indigo flight 6E 324/2329 was connecting flight scheduled to department from Amritsar   and arrive in Delhi  and   onboard Indigo flight 6E 2329  scheduled to depart from Delhi and to arrive in  Goa on 12.1.2022. However again on 10.1.2022 due to operational reasons beyond the control of Inter Globe Aviation Limited  the aforesaid Indigo Flight 6E 324/2329 was also cancelled and the booking under PNR FJR9SC was rescheduled to Indigo flight 6E 6281/5402 scheduled to depart on 12.2.2022. The Indigo flight 6E 6281/5402 was a connecting flight scheduled to depart from Amritsar and to arrive in Delhi at 12:45 hours onboard Indigo flight 6E 6281 on 12.1.2022 and thereafter onboard Indigo Flight 6E 5402 scheduled to depart from Delhi at 15:50 hrs and to arrive in Goa at 18:20 hrs on 12.1.2022. The InterGlobe Aviation Limited duly informed the complainants of the aforesaid flight move and revised schedule on their registered  email as well as through several SMS on their registered mobile number. The complainants were provided with an option to accept the flight move or to choose an alternate  flight at no charge or to cancel the booking with  full refund. The complainants willingly and voluntarily accepted the flight move and chose to fly as per the revised schedule.  On 12.1.2022 , the complainants successfully travelled on board Indigo Flight No. 6281/5402 from Amritsar to Goa via Delhi. Under PNR FJR9SC, the complainants were also booked to travel from Goa to Amritsar onboard Indigo Flight 6E-6065 scheduled to depart from Goa at 00:15 hrs and to arrive in Amritsar at 3:10 hrs on 17.1.2022. However, on 14.1.2022 InterGlobe Aviation  Limited was constrained to cancel the aforesaid Indigo flight due to issues pertaining to the night time parking of aircrafts at Amritsar Airport and duly informed the complainants  about the aforesaid cancellation on their registered email ID   and also  through  SMS on their registered number . The complainants were also provided with an option to select alternate flight at no additional cost or to cancel for a full refund.  Complainant  No.1 contacted the customer care of InterGlobe Aviation Limited and opted for an alternate flight and requested to reschedule the booking and also requested to split the PNR. Accordingly, in compliance of the said requests, the complainants No.1 and 4 were booked to travel under existing PNR FJR9SC and complainants No.2 & 3 were rebooked under PNR VQ814N onboard Indigo flight 6E 2091/2032 wherein the complainants were booked to travel onboard Indigo flight 6E 2091 scheduled to depart from  Goa at 13:00 hrs and to arrive in Delhi at 15:35 hrs. Thereafter  the complainants were booked to travel onboard Indigo Flight 6E 2032 scheduled to depart from Delhi at 17:25 hrs and to arrive in Amritsar at 18:35 hrs. The revised itinerary for both the PNRs was also sent to the complainants on their registered email ID. In view of above submissions, it is evident that Indigo flights were cancelled and rescheduled on account of operational reasons beyond the control of Inter  Globe Aviation Limited. The complainants were duly informed on each occasions  and provided option to accept the rescheduling  or to select alternate flight at no additional charge or to cancel the bookings of full refund. While submitting that there is no deficiency in service and while denying and controverting other allegations, dismissal of complaint was prayed.

Evidence of the parties and Arguments

3.       Alongwith the complaint , complainant No.1 has filed his affidavit Ex.CW-1/A,   copy of email  regarding booking of flight with confirmed return Ex.C-1, copy of schedule of flights with confirmed return Ex.C-2, copy of boarding pass depicting schedule of departure of flights Ex.C-3 & Ex.C-4,  copies of boarding pass Ex.C-5 and Ex.C-6, copy of correspondence with opposite parties Ex.C-7

 4.      On the other hand opposite parties alongwith written version have filed affidavit of Sh. Anmol Sood,  letter of authorization Annexure A1, copy of certification of Incorporation of InterGlobe Aviation Limited Annexure B, copy of screenshot of booking details Annexure C, cop of screenshot reflecting the flight cancellation and rescheduled 10.1.2022 Annexure D and Annexure E,  copy of screenshot of the SMS sent on 11.1.2022 Annexure F, copy of screenshot reflecting the details under PNR FJR9SC Annexure G, copies of screenshot of the email and SMS Anexure H, copy of screenshot reflecting the flight move dated 14.1.2022 Annexure I, copy of screenshot of email dated 16.1.2022 Annexure J, copies of screenshots reflecting the communication details and booking details Annexure K (colly), copies of screenshots reflecting the travel details Annexure L (colly).

5.       We have heard Ld.counsel for the parties and have carefully gone through the record on the file . We have also gone through the written arguments submitted by opposite parties. Whereas Ld.counsel for the complainant has stated at bar  that he does not want to file written arguments and the contents of the complaint alongwith exhibited documents respectively be read as part of written arguments.

Findings

6.       From the appreciation  of the facts and circumstances of the case,   it stands proved on record that the complainants  had taken a preplanned booking of direct flight  with confirmed  returned tickets from the opposite parties on 10.1.2022 with journey date 11.1.2022 from Amritsar  to Goa vide flight No. 6E 6064(A320)  and return journey dated 17.1.2022 from Goa to Amritsar vide flight No. 6E 6065(A320) and in this regard complainants have placed on record copy of confirmed tickets Ex.C-1 & Ex.C-2. It is the case of the complainant that  on 10.1.2022 the opposite parties  cancelled the abovesaid tickets of direct flight  from Amritsar to Goa and arranged flight from Amritsar to Delhi and Delhi to  Goa  and also cancelled the confirmed returned tickets on 17.1.2022  and reschedule the flight from Goa to Delhi and from Delhi to Amritsar . It is the case of the complainants that due to the cancellation of the said direct flight  from Amritsar to Goa  , they have suffered lot of mental pain, harassment  as they have to wait for next flight from Delhi to Goa   for the period of three hrs and even on the Airport  the opposite parties also did not accommodate the complainants. It is also the case of the complainants that opposite parties never explained the technical reason  for cancellation of the direct flight  and even no prior intimation with respect to cancellation of direct return flight was ever given to the complainants. On the other hand the only plea taken by the opposite party is that flights were cancelled due to operational reasons beyond control and  as per the as per the terms and conditions  in case of Flight cancellation/rescheduling,  complainant was also given an offer for alternate flight or in the alternative the refund of ticket amount which the complainants willingly and voluntarily accepted the flight move and chose to fly as per the revised schedule and there is no deficiency in service on the part of the opposite parties.

7.       This Commission has given thoughtful consideration to the facts of the present case and before going to the merits of the case perusal of the case file shows that the opposite parties alongwith written version have filed only one page affidavit of Sh.Anmol Sood, legal counsel which has also not been exhibited on record. As such no evidentiary value can be attached  to this affidavit  which is not exhibited on record or even not supported the written version. Reliance in this connection has been placed upon Tarlok Singh Vs. Punjab State Electricity Board & Others 2004(1) CLT 127 of the Hon’ble Punjab State Commission, Chandigarh wherein it has  been held  that allegation mentioned in the complaint not stated in the affidavit and then those not verified to the knowledge of the  complainant- Verification held not proper and affidavit cannot be considered to be supporting the complaint.”

8.       However for the sake of arguments , when we go through the merits of the case the only plea taken by the opposite parties  that on 10.1.2022 due to operational reasons beyond the control of Inter Globe Aviation Limited  the aforesaid Indigo Flight 6E 324/2329 was rescheduled to Indigo flight 6E 6281/5402 scheduled to depart on 12.1.2022.  But the opposite parties failed to prove  that due to what operational reasons the flight has been rescheduled   . No doubt the complainants have admitted  that the opposite parties  vide letter dated 10.1.2022  informed regarding cancellation of flight  from Amritsar to Delhi and then Delhi to Goa, but the contention of the complainants that due to reschedule of the flight they have to wait for next flight from Delhi to Goa  and the opposite parties did not accommodate the complainants in any manner.  This Commission agree with the contention of the complainant as if the direct flight has been cancelled the opposite parties are duty bound to give accommodation to the complainants for waiting at the Delhi Airport for the next flight of Goa and the opposite parties cannot escape themselves only by saying that flights were cancelled due to operational reasons beyond  their control . Reliance in this connection has been placed upon Thai Airways International Public Co.Ltd. Vs. Subbhaiah Koneru & others 2018(2) CLT 135 wherein it has been held that if the delay was due to reasons beyond the control of the Airlines, they could not have avoided their responsibility towards the passengers, who were stranded at the airport due to law and order problem and there was a risk to their security as well.    Further the  confirmed returned tickets from Goa to Amritsar direct flight No. 6E 6065(A320) on 17.1.2022  have also been cancelled without assigning any reason  and without giving any prior intimation to the complainants regarding cancellation of said flight. The opposite parties have failed to prove whether the complainants were informed prior to rescheduling the return direct flight on 17.1.2022 .As a result of which complainants suffered harassment and mental agony due to negligence and deficiency of service on the part of the opposite parties in not informing the complainants regarding the rescheduling of the return flight . Consequently we hold that complainants are entitled to compensation . However, complainant has made a request for grant of compensation to the tune of Rs. 4,00,000/- vide instant complaint which in our opinion appear to be quite exorbitant and  excessive. It is settled principle of law that compensation has to be granted in order to   set off the loss occasioned by the complainant and no exorbitant or excessive compensation is to be granted to enrich a party at the cost of the other . In our considered opinion the grievance of the complainant shall be fully met with if he is granted compensation to the tune of Rs. 30000/-  and litigation expenses of Rs. 5000/- to the complainants  and we grant the same accordingly.

9.       In view of the above discussion, we partly allow the complaint and the Opposite parties are  directed  to pay compensation of Rs. 30000/-  and litigation expenses of Rs. 5000/- to the complainants. Compliance of this order be made within 45 days from the date of receipt of copy of this order ; failing which the opposite parties are liable to pay interest on the compensation amount of Rs.35000/- @  9% p.a. from the date of filing of the complaint till its realization .    Copies of the orders 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 Commission.