In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 111 / 2008
1) Sri Surajit Kumar Sonar,
Falt No.1, 4th Floor,
251, Jessore Road, Kolkata-28. ---------- Complainant
---Verses---
1) Mercury Travels Limited,
Everest House,
46, Chowringee Road, Kolkata-700071.
2) British Airways,
P.S. Park Street, Kolkata.
3) Air India (Indian Airlines),
39, Chittaranjan Avenue, Kolkata-13. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No : 21 Dated 11/05/2012.
In the instant case judgment was earlier delivered by this Forum on 30.6.10 and thereafter o.p. preferred an appeal before Hon’ble State Commission having appeal no.FA/16/2011 and the appeal was allowed with the direction to this Forum to rehear the argument on the basis of the materials on record available. Accordingly, this Forum in compliance with the direction of Hon’ble State Commission heard argument of both sides in full bench.
The instant case arises out of the petition of complaint u/s 12 C.P. Act, 1986 filed by the complainant Sri Surojit Kumar Sonar against the o.p. no.1 Mercury Travels Ltd., o.p. no.2 British Airways, and o.p. no.3 Air India (Indian Airlines).
The case of the complainant in short is that for giving to Bermuda from Kolkata via London back to Kolkata via London Purchased an economic class e-ticket bearing no.125496378357879 from Mercury Travels (annex-1). His journey was fixed on 13.6.07 by flight no.IC 0273 at 18-30 hours. But the said flight was delayed due to call strike by the Indian Airlines ground staffs and consequently, the complainant had to travel on another airlines by purchasing a fresh ticket at the cost of Rs.6574/- INR for Kolkata to Mumbai since there was no endorsement of the Indian Airlines for another airlines for the benefit of the complainant, annex-5.
But due to the strike called by the Indian Airlines ground staffs, the Indian Airlines did not give any endorsed slip to the complainant for availing another airlines flight for reaching Mumbai.
Though the Indian Airlines’ Duty Manager assured that the money towards the purchase of ticket from Kolkata to Mumbai was completely refundable or to be endorsed to another airlines for all the passengers, but the said assurance was not kept up so far the complainant was concerned, annex-2 & 8.
In a nutshell, the case of the complainant is that fjor going to Bermuda from Kolkata via London and back to kolkata the complainant purchased an economic class e-ticket bearing no.125496378357879 from O.P.1 namely Mercury Travels Limited and that journey was fixed on 13.06.07. by flight no.IC 0273 at 18-30 hours.But said flight was delayed due to a called by the Indian Airlines ground-staffs and consequently, the complainant had to travel on another airlines by purchasing a fresh air ti .he complainant’s father being authorized person followed up the matter in absence of the complainant, but he did not get any positive response from the o.ps., annex-3 & 6. On his return from Bermuda, the complainant talked to o.p. no.1, who in turn advised to contact British Airways and Indian Airlines.
When being contacted o.p. nos.2 & 3 by the complainant, they shifted the burden to each other, annex-7. Though there is deficiency of service on the part of airlines, but the complainant was in a fix due to ping pong diplomacy of o.p. nos.2 & 3. Hence, the case is lodged by complainant with the prayer contained in the prayer portion of the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons :-
We have gone through the pleadings of the parties, evidence and documents in particular. It is evident from the record that complainant took ticket from Air India but he could not use the ticket from Kolkata to Mumbai since the flight was cancelled owing to strike of staff. O.p. no.1 is the agent who issued ticket on behalf of Air India. Complainant booked on flight reservation from o.p. no.2 by electronic ticket since Indian Airlines (Air India o.p. no.3) is a partner / associate of o.p. no.2. The flight reservation for Kolkata to Mumbai on 13.6.07 and confirmation of ticket was shown and the flight in question was delayed due to strike called by the ground staff of o.p. no.3 and subsequently, he had to travel on another airlines by purchasing a fresh ticket by paying Rs.6574/-. The amount for purchasing ticket was not refunded to complainant by Indian Airlines. It appears from the record that there exists a code sharing agreement by and between the o.p. nos. 2 an 3. Ld. lawyer of o.p. no.3 submitted in the course of argument referring a decision published in (2005) CPJ 186 (NC) of the Hon’ble National Commission that in the event of strike called by the staff and the situation was beyond control of o.p. no.3 and such position does not amount to deficiency of service and further submitted that o.p. no.3 is not liable to refund the ticket money. In view of the above position we are of the opinion that o.p. no.2 had deficiency in the matter of non refund of ticket money being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest in part with cost against o.p. nos.1 and 2 stands dismissed as against o.p. no.3. O.p. nos.1 and 2 are jointly and/or severally directed to refund the ticket money Rs.6574/- (Rupees six thousand five hundred seventy four) only and are further directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony and litigation cost of Rs.7000/- (Rupees seven thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties on payment of prescribed fees.
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MEMBER MEMBER PRESIDENT
