IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday, the 31st day of January, 2012
Filed on 22/03/2011
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
CC/No.101/2011
between
Complainant:- Opposite party:-
Sri.T.N. Suresh The Managing Director
Swarna Garbha Air India, Collis State
Pazhaveedu P.O. M.G. Road, Cochin
Alappuzha (By Adv. Menon & Pai)
(By Adv. T.A. Rajeev)
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The complainant’s case succinctly is as follows:- The complainant along with his friends traveled to Mumbai in Air India flight on booking tickets with M/s.UAE Exchange Travel, Alappuzha. They had booked their tickets from Cochin to Mumbai and Mumbai to Cochin. The return journey of the complainant from Mumbai to Cochin was on 25th October 2010. The boarding time of the flight was scheduled 1 a.m. the same day. The complainant and his friends reported the counter well in advance at 11 p.m. While the complainant and his friends were waiting there hopefully, the duty manager intimated them that the flight was late for 5 hours. The duty manager, despite the complainant’s and other passengers’ anxious enquiry as to the holding up of their scheduled flight was conceitedly reluctant to hand out any satisfactory explanation to them. The opposite party did not even take care to afford the weary passengers any alternative arrangement for a comfortable and convenient boarding. Instead, the opposite party misbehaved with the complainant and his friends. The opposite party even intimidated the complainant and his crew of detention and confinement. The complainant and his team had to spend sleepless night in the air port. The complainant and his group was put in physical discomfort and they also sustained harassment and untold mental agony. Got aggrieved on this the complainant approached this Forum for compensation and relief.
2. On notice being sent the opposite party turned up and filed version. The contention of the opposite party is that the postponement of the trip was due to unforeseen reasons. According to the opposite party, the scheduled flight was hold up due to engineering requirements. The factum of delay was intimated to the passengers beforehand save the complainant and his team. The complainant has not furnished any personal mobile numbers to the opposite party, the opposite party contends. The opposite party offered refreshing drinks and snacks to the passengers. The opposite party had resorted to every step to intimate the passengers as to the delay of the scheduled flight. The opposite party has never harassed the complainant. The amount of compensation sought in the complaint is exorbitant which shows the complainant’s proclivity for unlawful enrichment. The complainant approached this Forum with unclean hands. The complaint is only liable to be dismissed, the opposite party fervently contends.
3. The complainant’s evidence consists of the proof affidavit and the documents Exts.A1 to A3 were marked. On the side of the opposite party proof affidavit was filed.
4. Taking into account the contention of the parties, the issues that come up before us for consideration are:-
1) Whether the complainant and his friends were unreasonably inconvenienced
and harassed by the opposite party?
2) Whether the complainant is entitled to get relief?
5. Concededly the complainant and his crew were the proposed passengers of the material flight of the opposite party. The said flight was scheduled to be taken off at 1 a.m. on 25th October, 2010. Obviously, the opposite party has neither denied nor disputed postponement of the flight. The opposite party attributes the delay of the flight to engineering requirement. On a plain perusal of the said explanation put forth by the opposite party as to the delay, it seems that the explanation is incomplete and indistinct. However, it is matter of common knowledge that for some unforeseen reason, some sort of technical hitch may take place at any time to the air career. Significantly, it is to be noted that the thrust of the grievance of the complainant is not as to the delay of the flight, but regarding the treatment meted out to them in the boarding station. The complainant contends that they were ill-treated and maltreated by the opposite party. They were not afforded any Forum to rest their sleepyheads. They had to spend the whole night sleeplessly. What is more the duty officer of the opposite party threatened them. Going through the entire materials, it is apparently unfolded that the opposite party save making statements adopted no meaningful steps to substantiate its contentions. It is crucial to notice that the opposite party itself has no case that the opposite party has made any arrangement for the passengers to spend the whole night. We feel that the complainant’s case is more probable, and the same inspire confidence in the mind of this Forum. We regret, we have no course open but to accept the complainant’s case. The complainant is entitled to get relief.
For the forgoing facts and findings emerged therein above, we hold that the complainant is entitled to get an amount of Rs.50,000/- (Rupees fifty thousand only) as compensation for the mental agony and the inconvenience the complainant sustained. The opposite party is further directed to pay a cost of Rs.2000/- (Rupees two thousand only) along with aforesaid compensation amount. The opposite party shall comply with the order of this Forum within 30 days of receipt of the same.
The complaint is allowed accordingly.
Pronounced in open Forum on this the 31st day of January, 2012.
Sd/- Sri. Jimmy Korah:
Sd/- Sri.K.Anirudhan:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext.A1 - Passenger Ticket Receipt issued by the opposite party
Ext.A2 - Hotel booking details – Mumbai Grand Hayyat Hotel
Ext.A3 - Returned postal Articles
Evidence of the opposite party:- Nil
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:
