Tamil Nadu

South Chennai

223/2008

S.Vijayakumar - Complainant(s)

Versus

Kingfisher Airlines Ltd and another - Opp.Party(s)

G.Bharadwaj

22 Jun 2018

ORDER

                                                                        Date of Filing  : 08.05.2008

                                                                          Date of Order : 22.06.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.223 /2008

DATED THIS FRIDAY THE 22^ND DAY OF JUNE 2018

                                 

S. Vijayakumar,

S/o. Late S. Subramanian,

AP 1048, 17^th Street,

G Block, Belly Area,

Anna Nagar,

Chennai – 600 040.                                                .. Complainant.                                                 

 

       ..Versus..

 

1. Kingfisher Training and Aviation Services Ltd.,

UB Anchorage,

0100/1, 5^th Floor,

Richmond Road,

Bangalore - 25.

 

2.  Kingfisher  Training and Aviation Services Ltd,

Represented by its Manager (Sales),

Ground Floor,

Bagirathi Residency,

No.124, Marshall Road,

Egmore,

Chennai – 600 008.                                             ..  Opposite parties.

          

Counsel for complainant         :  M/s. G. Bharadwaj & another

Counsel for opposite parties  :  Mr. V. Manohar

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.3,400/- towards the value of tickets, to pay a sum of Rs.1,00,000/- towards deficiency in service and to pay the cost of the complaint.

1.    The averments of the complaint in brief are as follows:

The complainant booked a ticket for travel on 15.11.2007 from Chennai to Madurai with the opposite party namely King Fisher Airlines IT 4157.   When the complainant reached the Chennai Airport at about 6 ‘O clock in the morning and approached the opposite party’s counter for boarding pass, he was informed that the opposite parties are not operating any flight particularly IT 4157 to Madurai.  Even after showing the E-ticket, the opposite parties turned deaf ears.  Hence the complainant was constrained to approach Air Deccan Counter and made enquiry regarding Kingfisher Airlines flight IT 4157 wherein also the complainant  was declined to issue boarding pass after due persuasion and on consultation of higher officials of Air Deccan issued a boarding pass for the aircraft D 157 from Chennai to Madurai and seat No.17-C.  The Air Deccan and Kingfisher Airlines have not responded properly with regard to the cancellation of flight IT 4157.  Further the complainant submits that he has booked the breakfast in Kingfisher Airlines which was also not provided in Air Deccan while performing the journey.  The complainant booked ticket with the opposite party in order to attend Madras High Court at Madurai Bench for attending cases was severely disturbed due to the cancellation of flight and non provision of breakfast etc.  Since the opposite party has not properly responded and cancelled the flight without any intimation and hard effort exercised for taking boarding pass in Air Deccan caused great mental agony. The complainant issued legal notice dated:14.01.2008 to the 1^st opposite party and the 1^st opposite party not come forward to give reply.  The act of the opposite parties caused mental agony to the complainant and hence this complaint is filed. 

  2.   The brief averments in the written version filed by the opposite parties is as follows:-

The opposite parties specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.  The opposite parties state that as per the Composite Scheme of Arrangement between Kingfishers Airlines Limited and Deccan Charters limited on 01.04.2008, the entire Kingfishers Airlines transferred to Deccan Airlines Ltd.   Further the opposite parties state that, at the relevant time of journey as a part of business endeavour, the opposite parties offered the facility to the public of booking certain flights operated by the Deccan Aviation limited through points of sale of the opposite parties for routes on which, the opposite parties did not operate.  The same is an internationally accepted practice among Airline Companies and is referred to as “CODE SHARE”.  The website of the opposite party specifically mentioned on the relevant date against such flights, “KINGFISHER AIRLINES/ operated by: DECCAN”.  Further the opposite parties state that, the complainant was directed to obtain boarding pass from Air Deccan counter at Chennai Airport.  The officers of the Air Deccan counter verified the complainant’s name and issued boarding pass also in the scheduled time and explained that the flight was operated by Air Deccan as mentioned in the ticket.  Further the opposite parties state that Air Deccan was a low cost Air lines; wherein meals, refreshment and news paper were not offered.  Further the opposite parties state that the alleged mental agony and torture of the complainant is imaginary.  The opposite parties have not committed any deficiency in service or unfair trade practice.  Hence the complaint is liable to be dismissed.

3.     In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite parties filed and no documents filed and marked on the side of the opposite parties.

4.     The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.3,400/- towards the Air ticket fare with a compensation of Rs.1,00,000/- and cost as prayed for?

5.     On point:-

Both parties has not turned up to advance any oral arguments.  Perused the records namely the complaint, written version, proof affidavits, documents, written arguments of the opposite parties etc. Admittedly, the complainant booked the ticket for travel on 15.11.2007 from Chennai to Madurai with the opposite party namely King Fisher Airlines IT 4157.  Ex.A2 is the confirmed E-ticket.  When the complainant reached Chennai Airport at about 6 ‘O clock in the morning and approached the opposite party’s counter for boarding pass, he was informed that the opposite parties are not operating any flight particularly IT 4157 to Madurai.  Even after showing the E-ticket, the opposite parties turned deaf ears.  Hence the complainant was constrained to approach Air Deccan Counter and made enquiry regarding Kingfisher Airlines flight IT 4157 wherein also the complainant  was declined to issue boarding  pass after due persuasion and on consultation of higher officials of Air Deccan he was issued a boarding pass vide Ex.A3 for the aircraft D 157 from Chennai to Madurai and seat No.17-C.  The Air Deccan and Kingfisher Airlines have not responded properly with regard to the cancellation of flight IT 4157.  There is no prior intimation regarding the cancellation of the flight No. IT 4157 also.  Further the complainant pleaded and contended that he has booked the breakfast in Kingfisher Airlines which was also not provided in Air Deccan while performing the journey.  The complainant booked ticket of the opposite party in order to attend Madras High Court at Madurai Bench for attending cases was severely disturbed due to the cancellation of flight and non provision of breakfast etc.  Since the opposite party has not properly responded and cancelled the flight without any intimation and hard effort exercised for taking boarding pass in Air Deccan caused great mental agony.   The complainant is claiming a sum of Rs.3,400/- towards the cost of the air ticket and a sum of Rs.1,00,000/- towards compensation for mental agony with cost. 

6.     The contention of the opposite parties that as per the Composite Scheme of Arrangement between Kingfishers Airlines Limited and Deccan Charters limited on 01.04.2008 the entire Kingfishers Airlines transferred to Deccan Airlines Ltd.   But in this case, the alleged date of journey is 15.11.2007.  Further the contention of the opposite parties is that, at the relevant time of journey as a part of business endeavour, the opposite parties offered the facility to the public of booking certain flights operated by the Deccan Aviation limited through points of sale of the opposite parties for routes on which the opposite parties did not operate since the same is an internationally accepted practice among Airline Companies and is referred to as “CODE SHARE”.  The website of the opposite party specifically mentioned on the relevant date against such flight Kingfisher Airlines operated by Deccan Aviation Limited.  In Ex.A2 it is mentioned as follows:

 “Flights : KINGFISHER AIRLINES, IT 4157 operated by: AIR DECCAN”.

Further the contention of the opposite parties is that, the complainant was directed to obtain boarding pass from Air Deccan counter at Chennai Airport.  The officers of the Air Deccan counter verified the complainant’s name and issued boarding pass also in the scheduled time and explained that the flight was operated by Air Deccan as mentioned in the ticket.  Further the contention of the opposite parties  is that the Air Deccan was a low cost Air lines; wherein meals, refreshment and news paper were not offered.  The complainant also has not produced any record to prove the alleged offer of providing breakfast etc.  Further the contention of the opposite parties is that the alleged mental agony and torture of the complainant is imaginary.   The opposite parties have not committed any deficiency in service or unfair trade practice.  The compensation claimed is imaginary and exorbitant.  Considering the facts and circumstances of the case this Forum is of the considered view that the complainant is not entitled to any compensation for the alleged deficiency in service and the complaint is to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd  day of June 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	13.11.2007	Copy of the letter of confirmation issued by the opposite party
Ex.A2	15.11.2007	Copy of E ticket issued by the opposite party
Ex.A3	15.11.2007	Copy of boarding pass issued by the Air Deccan to the complainant
Ex.A4	14.01.2008	Copy of registered letter issued by the complainant to the 1st opposite party and its acknowledgment card

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                                      PRESIDENT