Tamil Nadu

South Chennai

283/2009

A.P.Ravindran - Complainant(s)

Versus

Kingfisher Airlines Ltd., & another - Opp.Party(s)

N.L.Rajah, J.Dharmarajan

04 May 2018

ORDER

                                                                        Date of Filing  : 06.06.2008

                                                                          Date of Order : 04.05.2018

 

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.283 /2009

DATED THIS FRIDAY THE 04^TH DAY OF MAY 2018

                                 

Mr. A. P. Ravindran,

S/o. Mr. A. P. Shankaran Nair,

No.2-H, Dewsidemanors,

No.53, McNichols Road,

Chennai – 600 031.                                                  .. Complainant.                              

                                                                                   ..Versus..

1. Kingfisher Airlines Ltd.,

Formerly Deccan Aviation Limited,

No.35, Cunningham Road,

Opp. Canara Bank,

Bangalore – 560 052.

 

2.  Kingfisher Airlines Ltd.,

Formerly Deccan Aviation Limited,

Rep. by its Manager,

Desabandu Plaza,

No.47, Whites Road,

Royapettah,

Chennai – 600 014.                                              ..  Opposite parties.

          

Counsel for complainant         :  M/s. N.L. Rajah

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.61,035/- being the difference in air fare paid by the complainant and to pay a sum of Rs.6,00,000/- towards compensation for gross negligence, unfair trade practice and deficiency in service which leads to irreparable loss, hardship and mental agony and to pay the cost of the complaint.

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

The complainant submits that, he booked flight tickets for himself and his family members on 28.08.2007 for travelling from Chennai to Ahmedabad in Flight No.771 for the travel on 12.10.2007 of the opposite parties.  The complainant also booked return tickets in the same air lines No.772 from Ahmedabad to Chennai for the travel on 15.10.2007.  The tickets were booked through yatra.com over telephone.  The confirmation message also received in the complainant’s email id.  The complainant paid a sum of Rs.31,910/- towards the cost of Air ticket.  The complainant has to attend the wedding function of his younger brother’s daughter at Udaipur.  The Marriage function commence on the evening of 12.10.2007.   The complainant also made arrangements and booked an Innova car for 3 days in order to pick up from the air port at Ahmadabad to Udaipur ceremonial hall and vice versa.  The complainant submits that on 12.10.2007, they reached Chennai Airport at 9.05 a.m. to board the flight. The complainant and his family members were shocked to hear from the opposite parties officials’ that, the flight had been withdrawn since 01.10.2007 which caused irreparable mental agony.   Further the complainant submits that, the opposite parties failed to communicate the complainant about the withdrawal of flight service.  Hence the complainant was constrained to make alternative arrangement by booking in Jet Airways flight No .9W325 at 14.50 hours from Chennai to Mumbai on 12.10.2007 and the connecting flight No.9W3405 from Mumbai to Udaipur on payment of Rs.93,025/-.  Thereby, the complainant paid excess difference amount of Rs.61,035/- after deducting the sum of Rs.31,990/-.  Evenafter repeated demands the opposite parties had not responded properly. Hence notices dated:22.10.2007 and 28.11.2007 were issued to the opposite parties.   Further complainant submits that the opposite parties allegation that, the withdrawal of flight has been duly announced through internet and if the passengers has provided email id., the passengers can also receive such email confirmation etc are false since the tickets were confirmed through email and the opposite parties have the email id readily available in the journey ticket, leads to deficiency in service of the opposite parties.    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 stated that, the complainant has not impleaded yatra.com as a party in this case wherein the tickets were purchased hence this complaint is barred for non joinder of necessary parties.   Further the opposite parties stated that, it is the duty and responsibility of yatra.com who is the booking agency shall take all the contact details of the passengers and due information shall be passed to the passengers regarding any change in the flight schedule etc.   In this case, yatra.com has not taken the contact details of the passengers and has not informed about the cancellation from 01.10.2007 onwards. 

3.     Further the opposite parties stated that the allegation of marriage of complainant’s younger brother’s daughter at Udaipur on 12.10.07 and Mr. A.P. Venugopal and wife Rajam Venugopal has to lead the marriage as per the family customs are all denied.   Further the opposite parties stated that, due information was given to the passengers regarding cancellation of flight.  The complainant has not provided his contact details as so, proper information regarding cancellation has not been given.   Further the opposite parties state that booking of tickets through jet airways and incurring Rs.93,025/- are not known to this opposite parties till receiving legal notice.   Hence  the opposite parties cannot be justifiably held liable for alleged physical strain, anxiety, mental tension, emotion etc.  Hence there is no deficiency in service on the part of the opposite parties  and the complaint is liable to be dismissed.

4.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A10 are marked.  Proof affidavit of the opposite parties filed and documents from Ex.B1 & Ex.B2 are filed and marked on the side of the opposite parties.

5.      The points for consideration is:

1. Whether the complainant is entitled to a sum of Rs.61,035/- towards the difference in Air ticket fare paid by the complainant as prayed for?
2. Whether the complainant entitled to a sum of Rs.6,00,000/- towards compensation for deficiency in service and mental agony as prayed for with cost?

6.      On point:

Both parties filed their respective written arguments.  Heard the complainant also.  Perused the records namely the complaint, written version, Proof affidavits, documents etc.  The learned Counsel for the complainant contended that the complainant booked flight ticket for himself and his family members on 28.08.2007 for travelling from Chennai to Ahmedabad in Flight No.771 for the travel dated 12.10.2007 of the opposite parties.  The complainant also booked return tickets in the same air lines No.772 from Ahmedabad to Chennai for the travel on 15.10.2007 vide  Ex.A1.  The tickets were booked through yatra.com over telephone.  The confirmation message also received in the complainant’s email id.  The complainant paid a sum of Rs.31,910/- towards the cost of Air ticket.  The complainant has to attend the wedding function of his younger brother’s daughter at Udaipur.  The Marriage function commence on the evening of 12.10.2007.   The complainant also made arrangement and booked Innova car for 3 days in order to pick up from the air port at Ahmadabad to Udaipur ceremonial hall and vice versa.  But the complainant has not produced any record for such booking of car.

7.     The complainant  further contended that on 12.10.2007, they reached Chennai Airport at 9.05 a.m. to board the flight. The complainant and his family members were shocked to hear from the opposite parties’ officials that, the flight had been withdrawn since 01.10.2007 which caused mental agony.  Further the contention of the complainant is that, the opposite parties failed to communicate the complainant about the withdrawal of flight service amounts to deficiency in service.  Hence the complainant was constrained to make alternative arrangement by booking in Jet Airways flight No .9W325 at 14.50 hours from Chennai to Mumbai on 12.10.2007 and the connecting flight No.9W3405 from Mumbai to Udaipur on payment of Rs.93,025/-.  Thereby, the complainant paid excess difference amount of Rs.61,035/- after deducting the sum of Rs.31,990/-.  Ex.A3 is the Jet Airways ticket.  Evenafter repeated demands the opposite parties had not responded properly.  Hence notices dated:22.10.2007 and 28.11.2007 was issued to the opposite parties as per Ex.A4 & Ex.A6.   

8.     Further the contention of the complainant is that the opposite parties allegation that, the withdrawal of flight has been duly announced through internet and if the passengers has provided email id., the passengers can also receive such email confirmation etc are false since the tickets were confirmed through email and the opposite parties have the email id readily available in the journey ticket proved the negligence and deficiency in service.  The complainant is claiming the difference amount of Rs.61,035/- and compensation of Rs.600000/- for such great mental agony.  The complainant cited

1996 (2) CPR 164

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

The Chief Commercial Officer, Indian Airlines & another

-Versus-

P. Lalchand & another

Held that ..

“Complainant purchased Indian Airlines ticket on 09.05.1991 from Travel Agent for travel on 17.05.1991 – Dparture time of flight was noted 2045  hours despite fact that on 08.05.1991 a change in flight schedule effectivefrom 15.05.1991 had been announced by petitioner – Chande in schedule was communicated to all agents & by way of publications in Newspaper – It was negligence of Travel Agent & it was duty and responsibility of Agent to inform complainant about change in time schedule –Order passed by State Commission & Distt. Forum holding Indian Air Lines guilty of deficiency in service is illegal & unsustainable”.

9.     The contention of the opposite parties is that, the complainant has not impleaded yatra.com as a party in this case wherein the tickets were booked hence this complaint is barred for non joinder of necessary parties.   But it is not denied that yatra.com is an agency of the opposite parties for booking the tickets alone.  The withdrawal of flight and all other administration of the opposite parties have nothing to do with the yatra.com.   Further the opposite parties contended that, it is the duty and responsibility of yatra.com who is the booking agency shall take all the contact details of the passengers and due information shall be passed to the passengers regarding any change in the flight schedule etc.   In this case, yatra.com has not taken the contact details of the passengers and has not informed about the cancellation from 01.10.2007 onwards.  But it is an admitted fact that the customers were booked ticket through online then email id also readily available in the ticket, it can easily be traced out by the opposite parties and can very well inform the change or withdrawal of flight proves that Yatra.com is not a necessary party.   Further the opposite parties contended that the allegation of marriage of complainant younger brother’s daughter at Udaipur on 12.10.07 and Mr. A.P. Venugopal and wife Rajam Venugopal has to lead the marriage as per the family customs are all denied.  The complainant also has not produced any document.  But the relationship between the marriage party and the complainant were not denied.   

10.    Further the contention of the opposite parties is that, as per the passengers list, Ex.B1 due information given to the passengers regarding cancellation of flight.  The complainant has not provided his contact details for, proper information regarding cancellation has not been given.  But it is not denied that the complainant booked the tickets through online and there shall be an email id.   Further the contention of the opposite partes is that booking of tickets through jet airways and incurring Rs.93,025/- are not known to this opposite parties till receiving legal notice.  But after cancellation of flight from 01.10.2007 the opposite parties have not made any alternative arrangement for the passengers proves the deficiency in service.   Considering the facts and circumstances of the case this Forum is of the considered view that, the opposite parties shall pay a sum of Rs.61,035/- with interest at the rate of 9% from the date of complaint to till date of this order with a compensation of Rs.10,000/- and with cost Rs.5,000/- to the complainant.

  In the result, this complaint is allowed in part.  The  opposite parties 1 & 2 are jointly and severally directed to pay a sum of Rs.61,035/- ( Rupees sixty one thousand and thirty five only) with interest at the rate of 9% p.a. from the date of filing of this complaint i.e. 06.06.2008 to till the date of this order and to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

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 04^th  day of May 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1		Copy of E-tickets for journey from Chennai to Ahamedabad and return
Ex.A2		Copy of reservation comments given by the Airport Manager downloaded from their computer that no contact number to inform the passenger about the cancellation of the flight
Ex.A3	12.10.2007	Copy of R-tickets about for journey from Chennai to Mumbai and Mumbai to Udaipur by Jet Airways
Ex.A4	22.10.2007	Copy of notice to Air Deccan and Yatra online Pvt. Ltd.
Ex.A5		Copy of acknowledgement card from Air Deccan
Ex.A6	28.11.2007	Copy of second notice to Air Deccan and Yatra Online Pvt. Ltd.
Ex.A7		Copy of acknowledgement card from Air Deccan
Ex.A8	10.09.2007	Copy of Credit Card Statement of Standard Chartered  Bank
Ex.A9	28.08.2007	Copy of sms received from Yatra.com
Ex.A10	12.12.2007	Copy of letter from Yatra.com

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  

Ex.B1		Copy of Extract of the passenger list
Ex.B2		Copy of terms and conditions of carriage

 

 

MEMBER –I                                                                      PRESIDENT