Advocate Gulabrao Gavade for the complainants

Opponents exparte

Per Hon’ble Shri. V.P. Utpat, President

                                     JUDGMENT

                                Dated 7^thJune 2014

                This complaint is filed by consumer against Airline Company for deficiency in service u/s 12 of the Consumer

Protection Act, 1986.  Brief facts are as follows-

[1]            Complainants are resident of Salisbury Park, Pune 411 037.  Opponents are doing the business of Airline Company.  Complainants were intended to visit their native place VPO Manpura, District Solan in Himachal Pradesh via Chandigarh on 30/9/2012. After verification of availability of flights from Delhi to Chandigarh on 30/9/2012, complainants booked their flight tickets from Delhi to Chandigarh by Opponent-Kingfisher Red through Make My Trip India Pvt. Ltd. On 15/9/2012 complainants got e-ticket for the Kingfisher Red IT 2357 flight from New Delhi at 14.25 hrs. reaching Chandigarh by 15.30 hrs on 30/09/2012. They have paid Rs.6606/- towards ticket fare and Rs.222/- towards travel insurance. Payment was made through the credit card.  On 30/09/2012, complainants traveled from Pune to New Delhi by Air India Flight and reached Delhi Airport by 10.30 a.m. with an intention to board Opponent’s flight at 14.25 hrs for proceeding to Chandigarh.  They were surprised when Opponents had announced that the flight No.2357 booked by complainants has been merged with flight No2327 which will be leaving New Delhi Airport at 17.40 hrs on 30/09/2012 and also issued boarding passes to the complainants for flight no.2327. Again it was announced at 19.30 hrs on 30/09/2012 that the flight No.2327 for which boarding passes were issued has also been cancelled. Hence, complainants were constrained to stay at Delhi Airport on 30/09/2012 from 10 a.m. to 8.30 p.m.  In normal course of air travel complainants should have reached Chandigarh by 3.30 p.m. Opponents failed to make any alternative arrangements/flight to ensure the complainants to reach from Delhi to Chandigarh on 30/09/2012. They also did not offer any snacks/lunch during the delayed period which is a normal practice in case of delay and failed to provide transport facility.  Opponents also did not refund the ticket fare collected by them inspite of demand made by complainants to the Opponents. Ultimately ticket fare only was refunded in the last week of October 2012. Opponents behaved most irresponsibly and in a casual manner when complainants repeatedly requested Opponents for the reasons for merging the aforesaid flights and cancellation of flights. Hence, complainants have filed present complaint and prayed for refund of Rs.222/- towards travel insurance, Rs.4725/- towards taxi charges from New Delhi Airport to VPO Manupura. They have also prayed for Rs.1,00,000/- towards compensation for physical inconvenience and mental harassment. In all complainants have claimed Rs.1,04,947/-.

[2]            Opponents though duly appeared through Advocate, could not file written version. Hence, complaint is proceeded for exparte hearing.

[3]            Complainants have filed affidavit in support of their contention. The allegations made in the complaint and affidavit supported by voluminous documentary evidence, are not denied by the Opponents.  Complainants have filed statement of account of credit card, booking confirmation copy, certificate of insurance, boarding passes, receipt issued by the Dolphin Travels to the complainants for the expenses incurred by complainant to reach Chandigarh from New Delhi, copy of letter issued by complainants to Make My Trip for getting refund on account of cancellation of King Fisher Red on 30/09/2012, copy of reminder letter dated 15/10/2012, cop of legal notice dated 30/10/2012 and copy of acknowledgement receipt. It is not disputed by the complainants that they have received the airfare amount from the Opponents. Complainants have claimed refund of taxi charges. As Opponents have refunded the airfare amount,  that amount should be deducted from the airfare amount.  However, Airfare is more than Taxi Charges hence complainants are not entitled for difference amount. But it reveals from the pleadings that this complaint is filed by the complainants, as they have suffered mental and physical sufferings as the flights were postponed from time to time and ultimately cancellation and they were required to stay at airport for the long period and were forced to travel by road. Opponents did not take care of the comfort of the complainant. Hence, it is the opinion of this Forum that, both complainants are entitled for compensation of Rs.25,000/- each for inconvenience caused by the Opponents as well as for physical and mental harassment.

                In the result this Forum pass following order-

                                        :- ORDER :-

1. Complaint is partly allowed.
2. It is hereby declared that the Opponents have caused deficiency in service by postponing as well as canceling the flight which was scheduled on 30/09/2012.
3. Opponents are jointly and severally directed to pay in all Rs.50,000/- [Rupees Fifty Thousand only] to the complainants towards compensation for mental and physical harassment and cost of complaint within six weeks from the date of receipt of copy of order.
4. If the amount is not paid or deposited within the stipulated period it shall carry interest @ 9% p.a. from the date of filing of complaint till its realization.
5. Complainant is directed to collect the sets which are provided for the Hon’ble Members within one month from the date of order. Else those will be destroyed.
6. Complainant is directed to collect the sets which are provided for the Hon’ble Members.

Copy of order be supplied to both the parties free of cost.