| Final Order / Judgement | D.O.F:21/03/2019 D.O.O:29/07/2021 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.No.58/2019 Dated this, the 29th day of July 2021 PRESENT: SRI.KRISHNAN.K :PRESIDENT SRI.RADHAKRISHNAN NAIR.M : MEMBER SMT.BEENA.K.G : MEMBER Anie Joseph Joseph W/o Joseph C.J Chemmala Parambil (H) : Complainant Mangalathettu, Kallar P.O. Rajapuram - 671532 Kasaragod –Dist (Adv: Shajid Kammadam) And Mr. Naresh Goyal, Chairman Jet Airways India Ltd. Siroya Centre : Opposite Party Sahara Air Port Road Andheri East, Mumbai – 400099 (Adv: Shyam Padman) ORDER SRI.KRISHNAN.K :PRESIDENT - The Complaint is filed under section 12 of Consumer Protection Act 1986. That the complainant boarded Jet Airways flight on 18/03/2019 from London, landed in Mumbai Airport on 09/03/2019 at 6.15 am for on board journey to Mangalore scheduled from departure at 8.15 am to reach Mangalore at 10 am. But surprisingly opposite party cancelled the flight without prior notice. Complainant thereby stranded in the Mumbai Airport till 3.45 despite having a confirmed Air ticket issued by opposite party, thereby suffered great mental tension, emotional distress, hunger. Complainant sought help of her relatives, hired a taxi to Railway Station and reached Kasaragod via Railway. Her relations including husband who is aged more than 70 years who is a heart patient suffered some trauma. Complainants claim 5 lakh as compensation for the deficiency in service of opposite party.
- Opposite party filed written version, denying any liability or privity of contract, that complainant is not a consumer, that company is a separate legal entity, that corporate insolvency process is initiated against jet airways and National Company Law Tribunal Mumbai, as per order dated 20/06/2019 declared a moratorium under section 14 of insolvency Bankruptcy code 2016 prohibiting institution of suits or continuation, appointed interim resolution professional therefore to continue the proceedings interim resource professional be impleded to proceed in the case. Opposite party produced true copy of order of National Company Law Tribunal. On merits also complainant is not entitled to any relief.
- Complainant filed chief affidavit. He produced documents marked as Ext A1 to A4 series. A1 is the copy of passport, A2 is train ticket from Mumbai to Mangalore, Copy of flight ticket is A3 and A4 is series of bills for travel expenses. Complainant was cross examined as PW1. Opposite party filed documents marked as B1.
- Points of consideration is:
- Whether there is deficiency in service on the part of opposite party?
- Whether complainant entitled for compensation. If so for what reliefs?
- Once a person is issued a ticket with confirmed status he need not re-confirm the departure time of the flight. It is only in case he chooses not to travel and intends cancel the ticket, he should inform the airlines well in advance as it is only in that case that airlines suffer pecuniary loss.
- We observed that unexplained delay and unproved reason for cancellation of a flight or delay amounts to deficiency in service unless the reason is beyond human control and due to act of nature like fog, poor visibility bird hit, tyre puncture or any other unforeseen event and entitles the passengers to an amount of compensation for the mental agony, harassment the physical discomfort and the emotional sufferings for going to the airport again and again or waiting for hours. Deficiency in terms of section 2(1) (G) of Consumer Protection Act 1986, means any faculty , imperfection short coming or inadequacy in the quality nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been under taken to be performed by a person of a contract as otherwise in relation to any service.
- Onus lies heavily upon the Airlines to prove such a reason. No explanation or satisfactory explanation forth coming as to why flight is cancelled after it is confirmed and amount is already collected. Hence it is found that there is serious deficiency in service of the Opposite Party in not providing air journey in jet airlines on the particular date even after collecting its price and cancelling flight without notice to passenger.
- The word compensation appearing in Consumer Protection Act has been given a very wide connotation by the Honourable Supreme Court in Gzaiabad Development Authority V/s Balbir Singh (2004) 5 Supreme Court cases 65.1.9.
- Here is a case where a lady is stranded in Mumbai Air port during odd hours, her flight to Mangalore stands cancelled without notice compelled to arrange a taxi to railway station, there again travel in Train all the way from Mumbai to Mangalore, then again arrange a taxi to reach her house and also to attend the consumer commission to conduct her case there by suffered great mental tension emotional stress thereby injustice is meted out to her and she needs to be compensated accordingly still a sum of Rs. 25,000/- can be treated as reasonable compensation for the sufferings encountered by the complainant.10
- On account of Jet Airlines failure to inform the complainant about the cancellation of flight, commission hereby direct to pay a sum of Rs. 5000/- towards price of Air ticket and Rs. 25,000/- towards extra expenditure involved in the alternative journey by train and taxi and compensation for mental and physical harassment and discomfort the complainant suffered and Rs. 10,000/- towards the cost of the litigation.11
- In the result complaint is allowed in part Opposite Party is hereby directed to pay a sum of Rs. 5000/- towards price of Air ticket from Mumbai to Mangalore and Rs. 25,000/-(Rupees Twenty five thousand only) towards extra expenditure involved in the alternative journey by train and taxi and compensation for mental and physical harassment and discomfort the complainant suffered and to pay Rs. 10,000/- (Rupees Ten thousand only) towards the cost of litigation to the complainant within 30 days of the date of receipt of the order.
Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT A1- The copy of Passport A2- Train ticket A3- copy of flight ticket A4- series of bills B1- Order of the National company law Tribunal Witness examined Pw1- Annie Joseph Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Forwarded by Order Senior Superintendent Ps/ | |
