BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  : MEMBER

C.C. No. 318/2011 Filed on 17.10.2011

ORDER DATED: 16.02.2016

Complainants:

1. Jilla Upabhokthru Samithi, Reg. No. 893/89, North Nada, Fort P.O, Thiruvananthapuram-695 023 represented by its General Secretary D. Venugopal.
2. Jose Paul, Vanmelil (H), EKRA 20, Kariyam, Sreekariayam P.O, Thiruvananthapuram-695 017.
3. Krishnan B. Nair, S/o N.K.B Nair, F 23, Elankom Gardens, Vellayambalam, Thiruvananthapuram-695 010, Head, Govt. & Corporate Accounts, Rain Concert Technologies (P) Ltd., 410, Thejaswini, Technopark, Thiruvananthapuram.

                                   (By Adv. V.S. Sunil Kumar)

Opposite parties:

1. Kingfisher Airlines Ltd., The Qube, C.T.S No. 1498 A/2, 4^th Floor, M.V. Road, Marol, Andheri (East), Mumbai-400 059 India represented by its Chairman Dr. Vijay Mallya.
2. Pranit Singh, Guest Service Manager, Kingfisher Airlines, New Delhi-110 001.

(By Adv. M. Nizamudeen for 1^st & 2^nd O.P)

3. Akbar Travels of India Pvt. Ltd., City Arcode Bldg r. floor, First floor, East Fort junction, St. Thomas College road, Thrissur.

    (By Adv. A.Y. Khalid)

4. Fortune Tours & Travels, Muthu Manacckal Bldg, T.C 26/588-3, Oottukuzhy junction, Press club road, Thiruvananthapuram-695 001.

    (By Adv. Kallampally Manu)

This C.C having been heard on 28.12.2015, the Forum on 16.02.2016 delivered the following:

ORDER

SMT. R. SATHI:  MEMBER

In this instant case 2^nd and 3^rd complainants along with their family members went for a tour on customized tour package ‘Kashmir Special’ arranged by the 4^th opposite party starting from 21.05.2011 to 26.05.2011.  The complainants paid Rs. 3,20,000/- on 13.05.2011 to the 4^th opposite party by cash and 4^th opposite party arranged flight tickets through the 3^rd opposite party.  The 3^rd opposite party booked flight tickets for all the passengers on 09.05.2011.  The 3^rd opposite party arranged Air India flight from Trivandrum to Delhi and Kingfisher Airlines from Delhi to Srinagar, Kashmir.  The 3^rd opposite party issued confirmed tickets dated 21.05.2011 of 1^st opposite party from Trivandrum to Delhi, Indira Gandhi International Terminal III and returned tickets from Delhi to Trivandrum dated 26.05.2011.  From Delhi to Srinagar, the 3^rd opposite party issued tickets of 1^st opposite party airlines on 21.05.2011 and as per this the departure time of the flight from Delhi on 21.05.2011 is at 12.45 pm and will reach Srinagar at 14.20 hrs. on the same day.  The Air India flight arrived at Delhi airport at 10.55 am on 21.05.2011 instead of 10.30 am and the 2^nd and 3^rd complainants and their co-travellers had to report at Kingfisher airlines counter at same airport.  After collecting the luggage the 2^nd and 3^rd complainants and others reported at 1^st opposite party counter at 11.45 am on the very same day.  One of the 1^st opposite party’s staff accepted the baggage and issued cabin baggage tags to the complainants and co-travellers.  While waiting for boarding pass two passengers accompanied by Jet Airways officials proceeded with their boarding passes to board the 1^st opposite party flight.  The same was admitted by 1^st opposite party in their mail.  The 2^nd and 3^rd complainants enquired with the 1^st opposite party staff for boarding pass, she informed that they were late and could not travel by that flight.  The senior staff of the 1^st opposite party also informed them that they could not travel as they are late.  The complainants informed the matter to the 4^th opposite party and 4^th opposite party immediately at 5.29 pm issued confirmed air tickets by Spice Jet flight from Delhi to Jammu and Jammu to Srinagar at 10.10 am on 22.05.2011 and complainants had spent an additional amount of Rs. 1,11,592/- for 8 tickets by Spice Jet.  So the complainants and co-travellers forced to stay at Delhi and had to spend additional amount for conveyance and boarding.  The complainants got information that on 21.05.2011 1^st opposite party flight left with few vacant seats and 2^nd opposite party in collusion with Jet Airways official had misappropriated two of the confirmed seats allotted to the complainants.  Due to the inefficiency in service from the part of opposite parties the complainants and co-travellers lost their precious one day at Srinagar and the cost of Delhi-Srinagar ticket worth Rs. 52,000/- in 1^st opposite party flight was not refunded by them.  Hence complainant approached this Forum allowing 2^nd and 3^rd complainant to realize an amount of Rs. 1,20,492/- the additional expense incurred by the complainant and co-traveller from 1^st and 2^nd opposite parties with 12% interest from 21.05.2011 and refund of ticket fair of Rs. 52,000/- with 12% interest from 21.05.2011, allowing Rs. 25,000/- each to 2^nd and 3^rd complainants and six other co-travellers and Rs. 1,00,000/- as compensation etc. 

The opposite parties on receiving notice entered appearance and filed version.

The opposite parties 1 & 2 jointly filed version contending that the complainant’s group had plenty of time to report at the counters of this opposite parties within the prescribed time of check-in, but they reported 10 minutes after counter closure at 12.10 hrs or 12.10 pm.  The issue of baggage tags by the staff of this opposite parties is completely false because the baggage tags for cabin baggage are placed on all check-in-counters and may be picked up by any passenger travelling by the airlines as the same is common for all flights.  The flight details are only stamped on the tags at the time of security check.  The request for accommodation of the Jet Airways passengers was made earlier and accepted the staff of opposite parties at the time of closure of counters for flight IT 3550 after taking into account that no other kingfisher airlines passengers were waiting in the line for flight IT 3550 and noting availability of seats.  The SABRE system for checking in passengers had already been reconciled and closed.  No additional passengers of 1^st opposite party or other airlines was accepted.  The complainant’s allegation that they reported one hour prior to the time of departure is false.  As a gesture of goodwill, this opposite parties offered to accommodate the entire group of the complainants 2 & 3 on the next available flight without imposing any re-booking penalty or date charge charges.  The complainants’ group was offered accommodation on the next day’s flight to Srinagar was not accepted and this opposite parties are not liable to compensate the complainants.  The complainants themselves admit that these opposite parties’ flight departed with vacant seats.  These opposite parties have given only one confirmed seat on 22.05.2011 from Delhi to Srinagar is also false.  There is no deficiency of service or unfair trade practice on opposite parties’ side, hence complaint is only to be dismissed.

The 3^rd opposite party filed version stating that there is no deficiency in service or negligence occurred while attending the complainant.  This opposite party issued confirmed flight tickets of 1^st opposite party and have no role in the 1^st opposite party procedure.  This opposite party is an unnecessary party in the complaint and no relief is sought against this opposite party, so complaint may be dismissed with cost against this opposite party. 

The 4^th opposite party filed version stating that this opposite party arranges transportation, accommodation and provides guide for sites seen for all tourists who went for a tour through this opposite party’s tour package.  These complainants had never made any complaint for such arrangements.  As a tour operator this opposite party made all arrangements when a difficulty was arose to 2^nd and 3^rd complainants and their family members.  There is no deficiency in service from the part of this opposite party and hence complaint may be dismissed.

The 2^nd complainant filed affidavit and marked Exts. P1 to P6.  The 2^nd complainant was examined as PW1 and cross examined for opposite parties 1 & 2.  No affidavit filed by opposite parties. 

Issues:

1. Whether there is any deficiency of service or unfair trade practice on opposite parties’ side?
2. Whether complainant is eligible for any reliefs as sought for?

Issues (i) & (ii):- The case of the complainants is that, complainants 2 & 3 and co-travellers denied boarding pass by 1^st opposite party airlines from Delhi to Srinagar. So they could not reach Srinagar as per plan on 21.05.2011.  They also spent additional amount for lodging and travelling on 22.05.2011 in Spice Jet flight.  The complainant stated that the Air India flight reached Delhi on 21.05.2011 at 10.55 am instead of 10.30 am.  After collecting luggage they reported at 1^st opposite party Airlines at 11.45 am on the same day.  One of the staff of 1^st opposite party accepted baggage and issued cabin baggage tags to the complainant and other co-travellers.  But the 1^st opposite party staff refused to give boarding pass on the ground that they were late to report.  The opposite parties 1 & 2 stated that the complainants and co-travellers have to report before 90 minutes.  It is also submitted that baggage tags for cabin baggage are placed on all check-in counters and picked up by passengers.  Here the complainants themselves admit that they reached the check-in-counter at 11.45 am and the flight is at 12.45 pm i.e one hour before.  But the opposite parties deny this and stated that they reported only at 12.10 pm.  There is no evidence from the side of complainants to show that they reached there at 11.45 other than the deposition of PW1.  But the contention raised by opposite parties 1 & 2 is that the persons having group booking are required to report for check-in 90 minutes before the scheduled departure.  To show this the opposite parties 1 & 2 produced copy of group procedures along with their version.  The check-in counter will close before 45 minutes of departure.  So even if we consider the statement of complainants that they reached the check-in counter only 45 minutes before departure and according to the evidence produced by opposite party they have to report before 90 minutes.  The complainants have no case that they reached the check-in counter before 90 minutes.  At the time of cross examination PW1 stated that inside India travelling in domestic flight passenger should need to reach only before 45 minutes of departure.  But no evidence was produced from complainants’ side to substantiate this.  The opposite parties 1 & 2 produced copy of group procedure of Kingfisher Airlines to substantiate their case.  Moreover the complainants have no case that they had reached the departure counter at the appropriate time as fixed by the opposite parties.  The rules and regulations fixed by the Airlines cannot be questioned or cannot be ordered to be waived by this Forum.  For fixing a particular time to reach the counter, the Airlines will be having their own security reasons and we cannot sit in judgments over such conditions made by the Airlines.  We are of the view that the opposite parties cannot be fascened with any liability for payment of compensation since we do not find any deficiency in service on their part in this case. 

In the result, the complaint is liable to be dismissed and we do so accordingly.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. 

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 16^th day of February 2016.

       Sd/-

R. SATHI                               : MEMBER

      Sd/-

P. SUDHIR                            : PRESIDENT

      Sd/-

                                                                        LIJU B. NAIR                        : MEMBER

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C.C. No. 318/2011

APPENDIX

  I      COMPLAINANT’S WITNESS:

          PW1  - Jose Paul 

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of cash receipt dated 13.05.2011

P2     - Copy of tour schedule

P3     - Opposite party’s confirmation KEA Booking dated 21.05.2011.

P4     - Details of flight tickets issued dated 09.05.2011

P5     - Copy of flight tickets of Space Jet flight with booking dated

             21.05.2011.

P6     - Copy of e-mail dated 09.06.2011.

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

                             NIL

                                                                                                      Sd/-

PRESIDENT

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