SMT.MOLYKUTTY MATHEW : MEMBER

    This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to pay an amount of Rs.2,75,000/- as the  compensation for mental agony caused to the complainant and cost of litigation  for the  deficiency of service and unfair trade practice  on the part of OP.

  The brief of the complaint :

       The complainant along with her wife and 6 year old child   had booked flight tickets of Indigo flight  which is brand of OP. The ticket were booked for a round trip from Chennai to Port Blair and the flight were scheduled from Chennai to Port Blair on 19/5/2024 and from   Port Blair to Chennai on 26/5/2024, with PNR Z27FPD.  The complainant  and his family was on a family trip to Port Blair and had returned  in Chennai on 27/5/2024 or 28/5/2024 in connection with his  employment.  On 26/5/2024 the complainant and his family has arrived at the Port Blair airport for their return flight  to Chennai which was scheduled at for departure at 13.55 hours.  They reached the airport at 11.30 A.M for their flight and only upon their arrival the OP intimated the complainant  the cancelation of their return flight due to bad weather conditions.  The Vistara Flight(UK 508) from Port Blair to Bangalore scheduled on the same day was operating.  The cancellation  of their flight last minute on 26/5/2024 no alternative arrangements were provided by the OP causing significant in convenience to the complainant and his family and leaving us clueless at the airport without any assistance.  After spending long  hours at the airport, the representative of the OP had re-scheduled the tickets of the complainant on 27/5/2024 to a flight which was scheduled to depart at 13.55 hours having fight No.6E 2698.  So the complainant arranged an additional accommodation there at Port Blair for that day which caused him additional expenses.  Then the complainant reached the  air port at 11.A.M for their  re-scheduled flight at 13.55 hours but upon reaching the air port, the complainant was shocked  to find out that their flight again got re-scheduled to an earlier  flight having  No 6E3103 which had already departed at 7.30 A.M from the Port Blair air port.  But the OP never communicated with regard to further re-scheduling  of flight from 1.55 P.M to 7.30.A.M to the complainant at any point of  time.  The act of  OP, the complainant and his family were stressed.  The complainant had to attend a client meeting which was scheduled on 27//5/2024, due to  acts of OP  the complainant couldn’t give a proper explanation to client and the  same drastically affected the complainant’s reputation  in his company and they lost a client causing business loss to him.  The act of  OP, the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

   After filing this complaint notice issued to OP. The OP received notice and not  appeared before the commission and no version filed . As such this case came to be proceed against the  OP is  absent and  set  exparte.

     Even though the OP has remained ex-parte, it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant  was called upon to produce evidence in the form of affidavit and documents.   Accordingly the  complainant has chosen to produce  his affidavit along with 4 documents marking them as Exts.A1 to A4.  The complainant was examined as PW1.  So the OP remains absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents of the complainant.  Ext.A1 is the  original boarding pass dtd.27/5/2024. Ext.A2 is the G-mail communication dtd.25/5/2024.  Ext.A3(series) is the G mail communication dtd.26/5/2024.  Ext.A4 is the boarding pass dtd.27/5/2024. It clearly shows that the OP had arranged an alternative  travel only to Bangalore at 2.40 P.M on 27/5/2024, then the complainant incurred losses for additional stay, travel and other losses sustained. The OP is not appeared before the commission and not proved their defense also. So there is deficiency of service and unfair trade practice on the part of OP. Under this circumstances we are of the considered view that  the OP is directly bound to redressal the grievances caused  to the complainant. So the complainant is entitled to get Rs.75,000/- as compensation for mental agony caused to the  complainant and  additional  expenses along with Rs.10,000/- as litigation cost

               In the result, the complaint is allowed in part directing  the opposite party  to pay Rs.75,000/- as compensation for mental agony caused to the  complainant and  additional  expenses incurred  to the complainant along with Rs.10,000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs.75,000/- carries interest@ 9% per annum  from the date of order till realization. Failing which, the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1&A4- Boarding pass dtd.27/5/2024

A2(series) &A3- G mail communication Dtd.25/5/24, 26/5/24

PW1- Vivek.T- complainant.

  Sd/                                                 Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                     /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR