BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 601 of 2010 | Date of Institution | : | 04.10.2010 | Date of Decision | : | 20.06.2011 |
1. Mrs. Jagrup Kaur wife of Iqbal Singh, resident of H. No. 234, Sector 18, Chandigarh. 2. S. Iqbal Singh son of Bishan Singh, resident of H. No. 234, Sector 18, Chandigarh. 3. Dr. Upneet Lalli daughter of complainant No. 1&2 …..Complainants V E R S U S 1] Kingfisher Airlines Ltd., Kingfisher House, Western Express Highway, Vile Parle (E), Mumbai 400099 through its Director. 2] Kingfisher Airlines Ltd., 12th floor UB Tower, UB City, No.24, Vital Mallya Road, Bangalore 560001, India, through its Chairman. 3] Bajaj Travels Ltd. (Domestic) SCO 96-97, Sector 17-C, Chandigarh through its Director. ……Opposite Parties CORAM: SH.P.D.GOEL, PRESIDENT SH.RAJINDER SINGH GILL, MEMBER Argued by: Sh.Deepak Aggarwal, Adv. for complainant Shj.Gaurav Bhardwaj, Proxy counsel for Sh.Y.S.Dhillon, Counsel for OPs No.1 and 2. None for OP-3. SH.P.D.GOEL, PRESIDENT The complainant has filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”. The complainants planned a trip to Srinagar and for this purpose approached to OP No.3 who is carrying business of travel booking. The complainant averred that they booked tickets of Kingfisher Airlines through OP No.3 with assurance that comfortable and hassle free travel would be provided. The complainant alleged that after the trip while returning from Srinagar to Chandigarh on 24.10.2009 the above said flight which was scheduled to depart from Srinagar to Jammu was cancelled without any prior intimation. Due to cancellation the complainants had to stay back at Srinagar without proper arrangements and they faced a lot of inconvenience. The complainant alleged that despite numerous requests the OP No.1 & 2 even did not arrange flight from Srinagar to Chandigarh for the next day. Ultimately the complainants had to purchase tickets of Spice Jet for 25.10.2009 from Srinagar to Jammu to the tune of Rs.3200/- per person. However, the said expenses were reimbursed later on. The complainant alleged that due to cancellation of flight they had to bear miscellaneous expenses like travel through taxi from Jammu Airport to Chandigarh Airport but the OPs did not accept their genuine demand. Ultimately a legal notice dated 22.7.2010 was got served upon the OPs but to no avail. Hence this complaint. 2. In their joint reply OP No.1 & 2 admitted the factual matrix of the case. They submitted that the flight was cancelled at the last minute due to technical reasons which were beyond the control and thus the complainants could not be intimated regarding cancellation of flight. The OPs contended that after cancellation of flight all the passengers were given option for full refund or free rescheduling in the next available flights subject to availability of seats but the complainants preferred full refund and the same was paid to them as per company policy. However, the seats on any other Airlines could not be provided to the complainants because there was no other direct flight to Chandigarh. Denying all the material allegations of the complainant, the OP 1 &2 pleaded that there has been no deficiency in service or unfair trade practice on their part and prayed for dismissal of the complaint. 3. The OP No.3 in its reply filed by way of affidavit submitted that no allegations against it have been made in the complaint. The OP No.3 only booked the tickets as per the requirement of the complainant and it has nothing to do with cancellation of the said flight. The OP No.3 contended that it has booked tickets of complainant from Srinagar to Jammu on their own request for which the payment was adjusted against the payment made for Kingfisher Airlines. Pleading no deficiency on its part a prayer has been made for dismissal of the complaint. 4. The Parties led evidence in support their contentions. 5. We have heard the Learned Counsel parties and have also perused the record. 6. The admitted facts may be noticed thus:- a) That the complainants have the confirmed tickets for their journey from Srinagar to Chandigarh of Kingfisher Airlines (OPs No.1 and 2) which was booked through OP-3 b) That the OPs No.1 and 2 returned the fair of the tickets to the complainants after cancellation of the flight due to technical reasons. c) That OPs NO.1 and 2 offered the tickets in the next flight which were subject to availability of the seats but the complainants did not prefer to exercise the said option. 7. Undisputedly due to cancellation of the flight, the complainants have to hire the taxi from Jammu to Chandigarh after spending Rs.8000/- and, in case, the flight of the complainants would not have cancelled by the OPs No.1 and 2, they would have travelled from Srinagar to Chandigarh without any hassle but because of cancellation of the flights, they have to take the flight of Spice jet from Srinagar to Jammu and thereafter they had also to engage the taxi for Chandigarh which has certainly caused inconvenience to them besides mental agony and harassment. The matter does not rest here. Admittedly, the OPs No.1 and 2 offered the tickets in a next flight but the same were subject to availability of the seats. Therefore, it can legitimately be concluded that there was no certainty whether the complainants will get positively seats in the next flight. The OPs No.1 and 2 have also raised the defence that the flight was cancelled at the last minute due to technical reasons but to support the said fact, they have not adduced any evidence. So this plea is not available to them. Thus, in our considered opinion, the
complainants are entitled to the compensation for mental agony and harassment besides costs of litigation. 8. As a result of the above discussion, this complaint is accepted and OPs No.1 and 2 are directed to pay a sum of Rs.60,000/- to the complainants as compensation for mental agony and harassment besides Rs.15,000/- as costs of litigation, within one month from the date of receipt of the certified copy. 9. The certified copies of this order be sent to the parties free of charge. The file be consigned. | | | Sd/- | Sd/- | 20.06.2011 | | | [Rajinder Singh Gill] | (P.D.Goel) | Cm | | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | , | | 
