By Jayasree Kallat, Member: Complainant, Tommy Mathew has filed this complaint under Sec. 12 of the Consumer Protection Act alleging deficiency in service on the part of opposite parties and seeking refund of the air ticket along with compensation. The complainant has availed the service of opposite parties M/s. Air India Express in connection with journey tickets bearing No.IX-341 for himself his wife and two minor children. The complainant had reserved 4 tickets in the Air India Express flight on 7-12-05 for the journey from Mumbai to Kozhikode on 29-12-05. The scheduled date of the flight was 29-12-05. The charge for the flight tickets in total was Rs.8384/-. On 29th morning the complainant along with his family reached Mumbai International Airport to board the Air India Express Flight. Then the complainant came to know that the flight in which they were scheduled to take the journey had left on the previous day itself without any intimation or notice to the reserved passengers including the complainant and his family. The complainant approached the second opposite party to enquire about any other alternate arrangements for making the journey. The complainant and his family were stranded at the Mumbai Airport, but the opposite parties did not make any other alternate arrangements. There were other flights from Mumbai to Calicut commencing on the same day. But the opposite parties did not make necessary alternate arrangements in the immediately available flights to Calicut. The complainant and other passengers requested the second opposite party to refund the air fare immediately so as to enable them to make some other arrangements themselves. Opposite party refused to refund the ticket fare remarking that the refund of charges could be affected only from the venue of booking. The complainant had to borrow money to buy 4 tickets for onward journey by Jet Airways and had to spend Rs.21750/-. All these mishappenings were only because of the negligence and deficiency in service on the part of opposite parties. The act of the second opposite party taking off its scheduled flights a day ahead of scheduled time is a willful negligence. NO proper notice regarding the change of flight time was informed to the complainant. The complainant had to arrange additional expenses to buy tickets and make journey with his family to Calicut. Complainant and his family including his wife and two minor daughters with bags and baggage had to run from one office to another which caused many hardships mentally, physically and financially. Hence the complainant had filed the petition seeking compensation. Opposite parties-1 and 2 filed a joint version denying the entire allegations in the complaint except those that are expressly admitted. These opposite parties-1 and 2 are unnecessary parties. Opposite party-1 and 2 have not issued any travel ticket to the complainant. Opposite party did not receive any complaint from the complainant. Opposite party-1 and 2 are not liable to pay any amount claimed in the petition. Hence opposite parties-1 and 2 prays to dismiss the complaint. Opposite party-3 filed a version denying the allegations in the complaint except those that are expressly admitted. Opposite party-3 admitted that the complainant had reserved 4 tickets in the Air India Express flight on 7-12-2005 from Mumbai to Kozhikode for journey on 29-12-05. Opposite party-3 denied the fact that flight in which the complainant and his family were scheduled to take journey had left on the previous day itself without any intimation or notice. It is incorrect to say that the passengers were not intimated of the re-scheduling of the flight. In this case the passengers were already informed about the flight being re-scheduled on 27-12-05. It is very clearly stated in the ticket that in case of circumstances beyond its control air India Express has the right to cancel the flight and carry the passengers on another of its scheduled passenger service on the same sector, provided spaces available or full refund of the ticket with no further liability to air India express. As per the terms and conditions of contract refund of the ticket could not have been effected by the second opposite party. The tickets could have been refunded only by opposite party-3, that too at the point of purchase of tickets. Oppositeparty-3 had aimed at providing service at much cheap rate to the traveling public. There was no deficiency on the part of opposite parties. There was no mental, physical or financial hardship caused to the complainant. Opposite party is not liable to pay any amount to the complainant and the petition is to be dismissed with cost to opposite parties. The only point for consideration is whether the complainant is entitled for any relief? PW1 was examined and Ext.A1 to A3 were marked on complainant’s side. RW1 was examined and Ext.B1 and B2 marked on opposite parties’ side. The case of the complainant is that he and his family including his wife and two minor children had reserved 4 tickets in the Air India Express flight bearing No.IX-341 on 7-12-2005 from Mumbai to Kozhikode. The ticket bearing No.00422035 was intended for the journey of the complainant his wife and two minor daughters from Mumbai to Kozhikode on 29-12-05. Unfortunately when the complainant reached the air port for making the journey the flight in which they were scheduled to take the journey had already left on the previous day. The complainant was stranded at Mumbai Airport with his wife and two minor daughters. Complainant had requested opposite party-2 at the Mumbai Air port to make any other alternative arrangements. But the opposite parties failed to make other arrangements for the complainant and his family. Opposite parties have taken the stand that the complainant and other passengers were informed about the change of schedule of flight. But the complainant’s definite case is that he did not get any information from the opposite party until he had arrived at the Mumbai airport. Opposite parties did not make any other alternate arrangements. According to the complainant there were several other flights flying on the same day. Because of the negligence and deficiency in service of the opposite parties complainant had to buy 4 tickets again for which he had to borrow money to make the extra payments at a short notice. Complainant and his family with two minor daughters had to suffer at the Mumbai air port because of the deficient and negligent act of the opposite parties. Complainant had produced Ext.A2 ( 4 in Nos.) which is the Jet Airways ticket which the complainant had to buy to travel on 29-12-05 from Mumbai to Kozhikode. Ext.A1 ( 4 in Nos.) are the Air India Express tickets issued on 7-12-05 for a journey on 29-12-05 from Mumbai to Kozhikode. Opposite party has also admitted that the flight was preponed and the flight took off before the scheduled time. The evidence and the exhibits clearly show that the opposite parties’ act had caused many hardships to the complainant and his family. The complainant was stranded at the Mumbai Airport from 4.30 A.M. on wards. A family with two minor children stranded at an airport at these early hours sure will have suffered mentally and physically. Apart from this Ext.A2 tickets show that complainant had to spend extra amount at a short notice to buy the tickets. Considering all these facts we are of the opinion that the complainant is entitled for relief. In the result the petition is allowed and the opposite parties are directed to pay the complainant Rs.13366/- which the complainant had to spend extra for buying Jet Airways ticket after receiving the refund of the ticket amount of Rs.8384/- along with compensation of Rs.10000/- and cost of Rs.1000/- within one month from the date of receipt of copy of the order. Pronounced in the open court this the 24th day of March 2010. Sd/- PRESIDENT Sd/- MEMBER Sd/- MEMBER APPENDIX Documents exhibited for the complainant: A1 (4 in Nos.) Tickets issued by the 1st O.P. to the complainant. A2 (4 in Nos.) Tickets issued by Jet Air Ways to the complainant. A3. Complaint dt. 2-1-06 given by the complainant to the first O.P. Documents exhibited for the opposite party. B1. Photocopy of E.Mail dt. 30-3-06. B2. Photocopy of Booking reference copy of E-Ticket dt.7-12-05. Witness examined for the complainant. PW1. Tomy Mathew (Complainant) Witness examined for the opposite party,. RW1. A.A. Castelino, 46, Jayanthi Nagar Colony, P.T. Usha Road, Calicut-32. Sd/- President // True copy // (Forwarded/By order) SENIOR SUPERINTENDENT.
| | Jayasree Kallat, MA.,, Member | G Yadunadhan, BA.,LLB.,, PRESIDENT | L Jyothikumar, LLB.,, Member | | 
