Chandigarh

DF-I

CC/914/2019

Harmohinder Singh Puri - Complainant(s)

Versus

M/s Air India - Opp.Party(s)

Rakesh Mohan Jain

16 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/914/2019
Date of Institution	:	05/09/2019
Date of Decision	:	16/01/2023

 

1. Harmohinder Singh Puri aged about 85 years son of Late S. Avtar Singh.
2. Surjit Kaur aged about 78 years wife of Sh.Harmohinder Singh Puri. Both resident of House No.1420, Sector 34-C, Chandigarh.

… Complainants

V E R S U S

1. M/s Air India, Regional Head Office, Air Line House 113, Gurdwara Rakabganj Sahib, New Delhi 110001.
2. G.K. Enterprises, SCO No.148-149, Sector 34-A, Chandigarh through its Manager.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Rakesh Mohan Jain, Counsel for Complainants.
	:	Sh.Shivam Chaudhary, Vice Counsel for Sh.Mandeep Chauhan, Counsel for OP No.1.
	:	Sh.Devinder Kumar, Counsel for OP No.2.

 

Per Suresh Kumar Sardana, Member

1.      Briefly stated the allegations are that the complainant No.1 had booked flight tickets from the OP No.2 for himself and his wife i.e., complainant No.2 on 19.06.2019 for travel by Air India from Chandigarh to London and back with journey commencing on 06.07.2019 from Chandigarh to Delhi by flight of Air India and the OP No.2 charged a sum of Rs.1,25,000/- from the complainant towards their tickets booking (Annexure C-1 & C-2). As per complainants, on 06.08.2019, complainant No.1 sent an email to the OP No.2 to re-confirm the booking. On the same day the complainant No.1 received an email from the OP No.2 confirming the first lag from London to Delhi flight. The complainant was shocked and perplexed to see that the flight from Delhi to Chandigarh had been changed to a later flight i.e. A1-463 leaving Delhi at 11-45 AM instead of 05.40 AM. On 07.08.2019, the complainant No.1 further sent email requesting that the flight of the complainants may be reverted back to AI-443. The complainants received the email reply from OP No.2 regarding the inconvenience and stating that there was no other option in flight timing as we had purchased London to Chandigarh throughout ticket. The complainants asked the OP No.2 to cancel the last leg of journey of the complainants and claim refund (Annexure C-3). The complainants had booked the flight tickets from OP No.2 but the OP No.2 did not provide necessary information and the complainants had to face great embarrassing situation while on his tour to London. The change of flights from Delhi to Chandigarh clearly proves deficiency in services on the part of the OPs. Hence, this present complaint.
2.     OP No.1 contested the consumer complaint filed its written reply and stated that the complainant was duly compensated for cancellation of flight on 13.08.2019 itself from the ends of OP No.1. As the flight No.AI-443 got cancelled due to operational reasons which was scheduled for 5:40 am on 13.08.2019, the next available flight AI-463 was given to the complainant for the same day i.e., 13.08.2019 for 11-15 am as admitted by the complainant itself. It is also submitted that the complainant tickets were purchased through M/s Airpack from whom further OP No.2 had purchased the ticket. The OP No.2 is not our agent and it was duty of OP No.2 to inform the passenger/complainant. It is further submitted about shifting the tickets of complainants in Air Vistra for 13.08.2019, complainant was well informed that there is no arrangement/agreement between Air India & Air Vistra Airlines. On these lines, the case is sought to be defended by OP No.1.
3.     OP No.2 contested the consumer complaint, filed its written reply and stated that on the email’s sent by complainant, OP No.2 immediately approached the OP No.1 to confirm the flight schedule of the complainant. It came to know that flight from Delhi to Chandigarh has been changed. OP No.2 immediately vide email dated 06.08.2019 informed the complainant about the change of flight from Delhi to Chandigarh. It is further submitted that with regard to changing of the flight from Delhi to Chandigarh there is no active role on the part of the OP No.2. Copy of email dated 06.08.2019 is annexed as Annexure R-2/1. It is further submitted that on the request of cancellation of last leg of journey, it approached the OP No.1 for refund of the amount but the OP No.1 refused to refund the amount and the fact was brought to the knowledge of the complainant vide email dated 08.08.2019 (Annexure R-2/2). On these lines, the case is sought to be defended by OP No.2.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsels for the parties and gone through the record of the case.
6.     It is an admitted fact that the complainant was to travel by the flight of OP No.1 from Delhi to Chandigarh at 5:40 AM, but the flight was cancelled. It is also admitted fact that the OP No.1, booked a seat in the next immediate flight to start at 11:15 AM, causing a delay of around 5 hours 35 minutes. As the complainant was a senior citizen, it was not acceptable to him and he could not have waited for extra time of 5 hour & 35 minutes at the airport, so he was rightful in cancelling the ticket and book in alternative flight. It is also observed that the complainants had spent an amount of Rs.4,765/- for booking Vistara Airlines from Delhi to Chandigarh.

         Since the flight of the OP No.1 was cancelled, then the complainants had the right to exercise option/choice to either accept another flight or cancel the same with refund of full amount; which was refused by the OP No.1, which caused lot of mental harassment & inconvenience to the complainant and made them to incur an extra expenditure of Rs.4765/- for booking tickets from Delhi to Chandigarh and need to be compensated suitably.

7.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund an amount of ₹4765/- to the complainants alongwith interest @ 9% per annum from the date of filing of this complaint till realization.
2. to pay an amount of ₹10,000/- to the complainants as compensation for causing mental agony and harassment to them;
3. to pay ₹7000/- to the complainants as costs of litigation.

8.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
9.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
16/01/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member