Chandigarh

DF-II

CC/19/2016

Narinder Katoch - Complainant(s)

Versus

InterGlobe Aviation Ltd., (Indigo) - Opp.Party(s)

Chanchal K. Singla Adv., R.S. Randhawa Adv., Inderdeep Singh Adv. & Mohit Sadana Adv.

13 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	19 of 2016
Date  of  Institution	:	06.01.2016
Date   of   Decision	:	13.10.2016

 

 

 

 

Narinder Katoch son of Sh.Gautam Katoch, resident of House No.2389, Sector 66, Mohali 160062

             …..Complainant

Versus

1]  InterGlobe Aviation Ltd. (Indigo), Level 1, Tower C, Global Business Park, MG Road, Gurgaon 122002, through its Managing Director.

2]  Yatra Online Pvt. Ltd., 1101-03, Tower-B, 11^th Floor, Unitech Cyber Park, Sector 39, Gurgaon 122001, through its Managing Director.

3]  Yatra Online Pvt. Ltd., SCO 477-478, 1^st Floor, Sector 35-C, Chandigarh 160022 through its Branch Head.

 ….. Opposite Parties  

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA            MEMBER

 

 

For complainant(s)      : Sh.Inderdeep Singh, Advocate

 

For Opposite Party(s)   : Sh.Sanjeev Sharma, Adv. for OP-1.

 

  Sh.Karamveer Jawandah, Advocate for    

  Opposite Parties No.2 & 3.

 

 

PER PRITI MALHOTRA, MEMBER

 

 

          As per the case, the complainant booked online 5 tickets from Chandigarh to Chennai on 3.9.2014 (four months in advance) through Opposite Party NO.2 & 3 in the airlines of Opposite Party NO.1 and the departure date was 27.12.2014. It is averred that the said five tickets were booked by complainant for himself, his old father & mother, his wife and daughter. It is also averred that the complainant also booked return tickets from Chennai to Chandigarh through Opposite Party NO.2 & 3 of Opposite Party No.1 Airlines and the departure date was 4.1.2015.

         It is stated that the complainant on 26.12.2014 received a call from Opposite Party NO.1 that the flight scheduled for 27.12.2015 has been cancelled from Chandigarh and the same has been rescheduled from Delhi on 27.12.2014. As such, the complainant and his family members have to reach Delhi by making own arrangements despite advance booking.  It is also stated that even during the return journey, the flight which was scheduled for 4.1.2015, was unilaterally rescheduled for 5.1.2015, so the complainant and his family had to stay an extra day in Chennai.  However, on 5.1.2015, when complainant has to return, he received a message about confirmation of the flight that the same was scheduled at 12:30 hrs, so the complainant along with his family members reached the airport on time at 10:00 AM, but then he was told that the flight to Chandigarh has been cancelled.  Further, on 5.1.2015, the complainant again received a message on his phone at 2.49 pm stating that his IndiGo Flight 6E244, MAA-DEL on 5^th Jan is rescheduled to depart at 17:30 hrs for Delhi. However, the old parents of the complainant were allowed to check-in earlier in order to relax, but the complainant and his other family members were not allowed to check-in and they were forced to spend about 6 hours on the chair at the airport without being allowed to check-in.  It is pleaded that from Delhi, the complainant and his family members took Volvo bus and reached Chandigarh at 3:30 AM.  It is also pleaded that it would have taken just 5/6 hours from reaching Chennai to Chandigarh, but the journey was turned into 18 hours long journey due to fault on the part of the Opposite Party NO.1 despite having paid for the said route as well.  However, the OPs even refused to help the complainant, as such the complainant had to spend extra day at Chennai and was also forced to shell out extra money for travel from Chandigarh to Delhi and also from Delhi to Chandigarh despite having paid for the same and no amount was refunded. Then, the complainant sent a legal notice to the OPs, which was replied by Opposite Parties NO.1 & 2 in evasive manner.  Hence, this complaint has been filed alleging the above act & conduct of the OPs as gross deficiency in service and indulgence into unfair trade practice.  

 

2]       The Opposite Party NO.1 has filed reply and admitted the booking of 5 air-tickets by the complainant for onward & return journey from Chandigarh to Chennai and Chennai to Chandigarh for 27.12.2014 and 4.1.2015 respectively.  The cancellation of flight from Chandigarh to Chennai and its rescheduling for 27.12.2014 as well as the cancellation & rescheduling of return flight from Chennai to Chandigarh for 4.1.2015 by Opposite Party No.1 is also admitted.  It is stated that the cancellation of flight from Chandigarh was beyond the control of Opposite Party No.1 due to adverse weather conditions at Chandigarh Airport, as airport was not functional and the conditions/bad weather conditions are completely beyond the control of Opposite Party No.1 and the complainant was informed on 26.12.2014 itself.  It is also stated that full refund of amount was offered or he was told the option to take rescheduled flight from Delhi to Chennai on 27.12.2014, so the complainant cannot seek reimbursement of taxi bills from answering Opposite Party if he chooses to travel to Delhi to catch the flight. That the complainant is only entitled to get refund of his money paid for tickets in case of cancellation and the same was duly offered to him and he was duly informed well in advance.  It is pleaded that the flight from Chennai to Chandigarh was cancelled due to adverse weather conditions at Chandigarh Airport.  It is also pleaded that the flight had to be cancelled for reasons beyond control of Opposite Party No.1 due to inclement weather conditions and that Opposite Party NO.1 duly accommodated the complainant and his family members by adjusting and accommodated them in the next available flight to Delhi.  It is further pleaded that it is wrong that transportation was not provided to the complainant, rather the complainant along with his family members were transported to Chandigarh from Delhi by road and no fare/charges were levied upon them. It is asserted that answering Opposite Party is not liable as per agreed and accepted terms and conditions of Carriage between the parties, which constitute a valid and binding contract between the complainant and Opposite Party NO.1.   

 

         The OPs NO.2 & 3 filed joint reply and admitted the booking of 5 air-tickets by the complainant Online for onward & return journey from Chandigarh to Chennai and Chennai to Chandigarh for 27.12.2014 and 4.1.2015 respectively.  It is stated that the answering Opposite Parties are only the facilitator and mediator to arrange the tickets for the complainant and his family, as the Opposite Party NO.1 airline was booked through them.  It is also stated that the flight was cancelled or rescheduled by Opposite Party NO.1 and the answering OPs have neither any knowledge nor any role to play in this dispute and as such are only proforma parties and no deficiency in service is attributable towards them.  Rest of the allegations have been denied with a prayer to dismiss the complaint. 

 

3]       Rejoinder has also been filed by the complainant thereby reiterating the assertions made by the complainant and controverting that of the OPs made in their reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the record as well as written arguments.  

 

6]       The matter is proved on record to the extent that the complainant booked 5 tickets online from Chandigarh to Chennai on 3.9.2014 through Opposite Party NO.2 & 3 for the airlines operated by Opposite Party No.1. The departure date was 27.12.2014 and the above five tickets were booked four months in advance by complainant for himself, his old father & mother, his wife and daughter.  The matter is further undisputed that the complainant also booked return tickets from Chennai to Chandigarh through Opposite Party NO.2 & 3  of Opposite Party No.1 Airlines and the departure date for the return journey was 4.1.2015.  It is undisputed that the complainant received a call on 26.12.2014 in regard to the flight scheduled for 27.12.2015 and that it has been cancelled from Chandigarh and was rescheduled from Delhi on 27.12.2014. Further it is not disputed that similarly, as regards to the return journey, the flight scheduled for 4.1.2015 was rescheduled for 5.1.2015 and when the complainant reached the airport with his family members on 5.1.2015 to board re-scheduled flight on 10.00 AM, he was informed that the flight to Chandigarh has been cancelled.  On 5.1.2015, the complainant further received a message on his phone at 2.49 pm stating that his IndiGo Flight 6E244, MAA-DEL on 5^th Jan is rescheduled to depart at 17:30 hrs.  Undisputed, the parents of the complainant were allowed to check-in earlier in order to relax, but the complainant and other family members were not allowed to check-in and they were forced to spend about 6 hours on the chair at the airport without being allowed to check-in. 

7]       In the light of the above admitted facts, the grouse of the complainant is that he and his family members including old parents were badly harassed at the hands of the OPs especially Opposite Party NO.1, who unilaterally cancelled the  flight  fixed for 27.12.2014, which was booked 4 months in advance.  The complainant also disputed that the return flight fixed for 4.1.2015 was also unilaterally cancelled by Opposite Party No.1 and was rescheduled for 5.1.2015 from Chennai to Delhi.  The complainant disputed that Opposite Party No.1 had not refunded the air-fare which remained unutilized due to wrong cancellation of scheduled flights by Opposite Party NO.1.  The complainant’s grouse is that he was not paid for the travel expenses incurred from Chandigarh to Delhi in order to board the flight rescheduled from Delhi to Chennai and similarly was not refunded for unutilized airfare paid for the return flight from Delhi to Chandigarh.  Further, the complainant claimed that he along with his family members had to face hard time by spending one more day at Chennai at the time of return journey due to rescheduling of flight from 4^th to 5^th Jan., 2015 and again the flight rescheduled for 5.1.2015 at 12:30 hrs was also cancelled by Opposite Party NO.1.

8]       The OPs NO.2 & 3 denied any responsibility claiming that they are only the facilitator and mediator to arrange the tickets for the complainant and his family, as the Opposite Party NO.1 airline was booked through them and they further were out of the picture in context to the rescheduling of the flight or about its cancellation by Opposite Party No.1.

 

9]       The Opposite Party No.1 in its reply as well as during the arguments submitted that there is no fault attributable to it for rescheduling or cancellation of the flights in question as the same were rescheduled/cancelled due to bad weather conditions, which were beyond the control of Opposite Party No.1 and as per the condition of carriage, the Opposite Party NO.1 cannot be held liable and the conditions of carriage is a valid and binding contract between the parties.  The Opposite Party NO.1 claimed that while cancellation and rescheduling the flight on 26.12.2014, which was rescheduled for 27.12.2014, the complainant, well in advance, was communicated about it and prior to his departure from Chandigarh was offered full refund and also adjusted the complainant in next available flight and provided road transport free of cost to the complainant from Delhi to Chandigarh.  Further, similar pleas were taken regarding the cancellation and rescheduling of return flight booked for 4.1.2015, which was postponed to 5.1.2015 claiming bad weather condition.  The Opposite Party No.1 also claimed that due refund was offered to the complainant on both the occasions, which the complainant refused to accept.

 

10]      The contentions raised by Opposite Party No.1 are out rightly rejected as the Opposite Party No.1 has failed to prove on record the fact regarding having bad weather conditions on both the occasions i.e. on 26.12.2014 and 4^th & 5^th Jan., 2015 (onward & return journey of the complainant) when the flights were rescheduled and cancelled.  No report of Meteorology Department showing bad weather conditions has been brought on record to justify the cancellation/ rescheduling of the flights in question. The relevant terms & conditions of Carriage relied upon by Opposite Party NO.1 i.e. Clause 12.1 and 12.2 are reproduced as under:-

         12.1             Times And Schedules Not Guaranteed

IndiGo undertakes to use its best efforts to avoid delay in carrying its Customers and their Baggage.  We will endeavor to adhere to published schedules in effect on the date of travel.  However, times shown in schedules or elsewhere, are subject to change at any time, and from time to time, and we shall not be liable in any way whatsoever, for any loss incurred by Customers as a result of such change.

          IndiGo will not be liable for any error or omission in publications of schedules, or in statements or representations made by employees, agents, or representatives of IndiGo, as to the dates or times of departure or arrival, or as to the operation of any flight. 

 

                   12.2-Cancellation, Changes Of Schedule etc.

At any time after a Booking has been made, we may change our schedules and/or cancel, terminate, divert, postpone, reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control, or for reasons of safety, or for commercial reasons.

Circumstances beyond IndiGo’s control can include, without limitation, weather, air traffic control, mechanical failures, act of terrorism, acts of nature, force majeure, strikes, riots, wars, hostilities, disturbances, governmental regulations, orders, demands or requirements, shortages of critical manpower, parts or materials, labour unrest etc.

If an IndiGo flight is cancelled, rescheduled or delayed for more than three hours (depending on the length of the journey), a Customer shall have to right to choose a refund; or a credit for future travel on IndiGo; or re-booking onto an alternative IndiGo flight at no additional cost (subject to availability); subject to the requirements under the local laws of the country in which the flight has been cancelled, rescheduled or delayed.

In the special case in which a subsequent portion of an IndiGo flight is cancelled while a Customer is already in transit, such Customer shall have the right to choose to remain at the transit station and to be re-booked onto an alternative IndiGo flight to the final destination at no additional cost subject to availaibility; or to remain at the transit station and accept a partial refund for the portion of the flight not completed; or to return to the point of origin and receive a refund; or a credit for future travel on IndiGo; or re-booking onto an alternative IndiGo flight at no additional cost subject to availability.

We strongly recommend all Customers to provide correct phone and email address, to enable us to inform of flight delays or cancellations in unforeseen cases.  Customers who have not provided valid contact information at the time of Booking may not be entitled for any compensation.”

 

11]      A bare perusal of the above terms & conditions authorize Opposite Party No.1 to reschedule or cancel the flight in certain circumstances, as mentioned above.  But nothing of that sort has been brought on record by Opposite Party No.1 to justify its stand to cancel/reschedule the flight on two different occasions i.e. on 26.12.2014 and 4^th& 5^th Jan, 2015 (onward & return journey of the complainant).  Even Opposite Party NO.1 has not brought on record any of the document whereby the complainant was offered for the refund of the amount which remained unutilized for the airfare from Chandigarh to Delhi and vis-versa from Delhi to Chandigarh.  The Opposite Party NO.1 further failed to produce on record that they ever made any arrangement for making the travel of the complainant and his family convenient from Chandigarh to Delhi to board the rescheduled flight from Delhi and similarly on the return journey of the complainant from Delhi to Chandigarh and thus the complainant and his family including old parents certainly would have faced a tough time due to arbitrary and deficient services of Opposite Party NO.1.  The absence of any evidence on record to prove the stand of Opposite Party NO.1 draws an adverse inference against them and we conclude that OP-1 has not only rendered deficient services but also indulged into unfair trade practice by not refunding his dues. 

 

12]      In view of the above discussion, we are of the opinion that deficiency in service as well as indulgence into unfair trade practice on the part of the Opposite party No.1 has been proved and thus, the complaint deserves to be allowed against the Opposite Party No.1 and dismissed qua Opposite Party No.2 & 3. Accordingly, the complaint is allowed against Opposite Party NO.1 and dismissed qua OPs NO.2 & 3.  Therefore, the Opposite party No.1 is directed as under:-  

a]  To refund the air-fare charged from the complainant with regard to five air tickets for the incomplete onward & return journey for the route from Chandigarh to Delhi and Delhi to Chandigarh;

 

b]  To pay an amount of Rs.35,000/- as compensation for causing mental agony and physical harassment to the complainant & his family members due to their deficient services as well as adopting unfair trade practice;

 

c]  To pay Rs.10,000/- towards litigation expenses.

 

         The above said order shall be complied with by the Opposite party within 45 days of its receipt, failing which it shall be liable to pay interest @18% p.a. on the above awarded amount as at sub-para [a] & [b] from the date of filing this complaint till it is paid, besides paying litigation expenses.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

13^th Oct., 2016                                                                                                                                                                       Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

 

 

Sd/-  

 (PRITI MALHOTRA)

MEMBER