Haryana

Ambala

CC/173/2017

Anil Kaushik - Complainant(s)

Versus

Make My Trip India Pvt Ltd - Opp.Party(s)

Adit Aggarwal

26 Sep 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

                                                          Complaint case no.        : 173 of 2017.

                                                          Date of Institution         : 05.06.2017.

                                                          Date of decision   : 26.09.2018.

 

Anil Kaushik s/o Sh.MC Kaushik, aged about …years r/o 34B, Raja Park, Ambala Cantt.

……. Complainant.

                                  Versus

 

1.Make My Trip India Pvt. Ltd. Building No.5, Tower B, DLF Cyber City, DLF Phase II, Sector 25, Gurugram-122002, Haryana.

2.Air India Limited, Airlines House, 113 Takbganj Gurduwara Road, New Delhi 110001.

 

….….Opposite parties.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER

                                     

                  

Present:       Sh. Adit Aggarwal, Advocate, for complainant.

                   Sh.Mohinder Bindal, Advocate for OP No.1.                                                                Sh.Manpreet Singh, Advocate for OP No.2.

 

ORDER

                         The facts, in brief, are that the complainant had booked four seats for himself and his family with OP No.2 from Delhi to Rajkot on 27.12.2016 and made the payment thereof to OP No.1.  He had received the tickets for his above mentioned journey from OP No.1 bearing booking ID NF7262781136499 dated 27.11.2016.  The departure time of the flight was mentioned on the ticket was mentioned as 7:55 am and further the complainant was required to check in 2 hours before the departure time i.e by 5.55 am on 27.12.2016.  On this, the complainant and his family members reported at the counter of Op No.2 on the scheduled date but it came to their knowledge that due to reschedule the flight has already left. The complainant immediately contacted the OPs but no assistance was provided, therefore, the complainant had to book same flight again for 28.12.2016 and the boarding pass was also issued by Op No.2 for 7.25 a.m. though the flight was scheduled for 5.45 a.m. Due to this, the complainant had to book two hotel rooms for his stay with his family in Delhi on 27.12.2016 besides hiring taxi from airport to hotel and for 28.12.2018 from hotel to airport, his hotel bookings at Rajkot also got wasted  and then the complainant had to book hotel at Rajkot for another day.  The complainant contacted OPs but they did not pay any heed to his genuine requests. The act and conduct of the OPs clearly amounts to deficiency in service on their part.  In evidence, the complainant has tendered affidavit Annexure CA and documents Annexure C1 to Annexure C6.

2.                          On notice OPs appeared and filed their separate replies. OP No.1 has submitted that the complainant had booked air tickets and the OP No.1 had provided the confirmed air tickets bearing ID No.NF7262781136499 dated 27.11.2016 alongwith flight No.A1-9631 from Delhi to Rajkot on 27.12.2016. The complainant was intimated by OP No.2 about rescheduling of flight on his reaching to its counter. The role of OP No.1 is a travel service provider and facilities booking services for its customers which is limited only to the extent of providing smooth, convenient and efficient online travel booking inter-face to its customers.  Cancellation or rescheduling of flight is solely attributable to the OP No.2. The relevant excerpt of Civil Aviation Requirements (CAR) Section 3 Series M, Part II bearing No.23-15/2016-AED issued by Directorate General of Civil Aviation (DGCA) is reproduced herein below:

                   3.3 Cancellation of flight                                                                  

3.3.1 In order to reduce inconvenience caused to the passengers as a result of the cancellations of the flights on which they are booked to travel, airline shall inform the passengers of the cancellation atleast two weeks before the scheduled time of departure and arrange alternate flight/refund as acceptable to the passenger. In case the passengers are informed of the cancellation less than two weeks before and upto 24 hours of the scheduled time of departure, the airline shall offer alternate flight allowing them to depart within two hours of their booked scheduled time of departure.

3.3.2 Passengers who have not been informed as per the provisions contained in para 3.3.1 the airlines shall provide compensation in addition to the refund of air ticket in accordance with the following provisions:

a) INR 5,000 or booked one-way basic fare plus airline fuel charge, whichever is less for flights having a block time of upto and including 1 hour.

b) INR 7,500 or booked one-way basic fare plus airline fuel charge, whichever is less for flights having block time of more than 1 hour upto and including 2 hours.

c) INR 10,000 or booked one-way basic fare plus airline fuel charge, whichever is less for flights having a block time of more than 2 hours. Additionally, the airline shall provide them facilities at the airport in accordance with para 3.7.1 (a) in the event they have already reported for their original flight and whilst they are waiting for the alternate flight.

3.3.3………..

3.3.4 No such compensation shall be payable to any of the affected passengers in the event i) The cancellations occur due to extraordinary circumstances beyond the control of the airline (as described in par 1.4 and para 1.5) even if all reasonable measures had been taken by the airline.

                   In the user agreement it was clearly set out that under exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns are unable to honour the confirmed booking due to various reasons like climatic condition, labour unrest, insolvency and technical issues, route and flight cancellation etc. then under such circumstances, the OP No.1 if notified in advance, shall make best endeavors to provide similar alternative. There is no deficiency in service on the part of Op No.1. Other contentions have been controverted and prayer for dismissal of the complaint has been made.

                   OP No.2 in its reply has submitted that the complainant had booked 4 seats on AI flight AI-9631 from ND to Rajkot on 27.12.2016 and the price of the ticket was paid to OP No.1 and had obtained the necessary ID documents. The departure time was 7.55 hours and the complainant was to report 2 hours in advance i.e. by 5.55 hours on 27.12.2016. The paxes were issued boarding passes for 28.12.2016 on 27.12.2016 itself, therefore, the version of complainant that he had purchased fresh tickets for 218.12.2016 is contradictory. The complainant had lodged his protest about the rescheduling of his flight on 27.12.2016 as a result of which he had suffered harassment and inconvenience and a report from AI/HQ is awaited for proper response. The complainant had not provided the name of the hotel and he has also not attached any payment vouchers or receipts. Other contentions have been controverted and prayer for dismissal of the complaint has been made.  In evidence, the OPs have tendered affidavits Annexure RA, Annexure RX and documents Annexure R1, Annexure R2/1 to Annexure R2/3.

 

 

3.                We have gone through the record and heard arguments addressed by the learned Counsel for the parties.

4.                 It is admitted fact that complainant had booked four seats for himself and his family members with Op No.2 through Op No.1 by paying the requisite charges as per Annexure C2. It is also not disputed that the flight was rescheduled and the complainant and his family members could not board the booked flight on 27.12.2016. It is also admittedly that flight for 28.12.2016 was booked OP No.2. The ground of the complainant is that due to rescheduling of the booked flight he and his family has to suffer a lot and even spent hotel and taxi charges for temporary stay at Delhi on 27.12.2016. It is presumed that had the complainant and his family gone to Rajkot through the booked flight they would have stayed in the hotel or any other accommodation as per their choice, therefore, the Op No.2 cannot take the plea that  no name of the booked hotel has been provided to it. It was for the Ops to intimate the compliannt about the reschdulement of the booked flight to avoid the inconvience to the complainant and his family in time but it appears that both the OPs have not bothered to inform this to the complainant.  There is no document on the file to show that the complainant was ever intimated about the rescheduling of the flight. If the OPs have timely intimated the complainant about the same the inconvenience could have been avoided. It is worthwhile to mention here that the flight was booked for 27.12.2016 during winter season and even the courts remains closed due to winter brake and being an advocate the complainant and his family wanted to enjoy the tour but due to carelessness of the OPs it has become mess and they have suffered a lot.  Learned counsel for the OPs have pleaded that the reschedule can be made due to weather reason and in support of this plea copy of reschdulement has been placed on case file as Annexure R2/1 but this document cannot be helpful to the case of the OPs because it has nowhere mentioned that the complainant has been intimated about the reschdulment despite the fact that all the relevant information was available with OPs. The complainant has placed not placed on record any receipt qua payment to the hotel and taxi fair during stay at Delhi on 27.12.2016 or at Rajkot from where he had to stay during night of 27.12.2016. Due to negligence on the part of OPs the complainant had faced unnecessary harassment; therefore, the OPs cannot be escaped from their liability.

5.                          Keeping in view the above discussion, it is clear that the complainant has been able to prove deficiency in service on the part of OPs. Accordingly, we allow the present complaint and direct the Ops to pay a sum of Rs.30,000/- jointly and severally as compensation to the complainant on account of harassment, mental agony and cost of litigation within a period of 30 days failing which the amount would carry interest @ 9 % till its realization. Copy of this judgment be supplied to the parties free of costs. File be consigned to the record room after due compliance

Announced on: 26.09.2018                                             (D.N. ARORA)

                                                                                                     President

 

    

                     (PUSHPENDER KUMAR)

                                                                                            Member