Chandigarh

DF-I

CC/175/2018

Rohit Kalia - Complainant(s)

Versus

M/s Easy Trip Planners Pvt. Ltd. - Opp.Party(s)

Devinder Kumar

13 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/175/2018
Date of Institution	:	23/04/2018
Date of Decision	:	13/03/2019

 

Rohit Kalia S/o Sh. Baldev Raj Kalia, R/o H.No. 2567/1, Sector 44-C, Chandigarh.

…..Complainant

 

V E R S U S

 

1.      M/s Easy Trip Planners Pvt. Limited, Building No.223, Patparganj Industrial Area, New Delhi – 110092, through its Managing Director.

 

2.      Air India Airlines, SCO No. 162-164, Sector 34-A, Chandigarh, through its Branch Manager.

 

…… Opposite Parties

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

 

ARGUED BY	:	Sh. Devinder Kumar, Counsel for Complainant.
	:	Sh. Raj Kumar Rana, Counsel for Opposite Party No.1.
	:	Sh. Navpreet Singh, Counsel for Opposite Party No.2.

 

PER Dr.S.K.Sardana, Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are that on 10.12.2017, the Complainant booked a flight ticket through Opposite Party No.1, after paying Rs.6059/-, for his journey from Delhi to Mumbai on 01.01.2018 at 1800 hrs.  On 01.01.2018, due to fog, realizing, he may not reach Delhi Airport, in time, to catch the flight at 6.00 PM, he requested the Opposite Party No.2 to reschedule his flight. However, he got the information from the official of Opposite Party No.2 that the revised departure time is 21:10 hrs instead of original departure time of 18:00 hrs. It has been alleged that the executives of Opposite Party No.2 never conveyed the correct flight timing to the Complainant and repeatedly assured that the Complainant was eligible for free rescheduling. Eventually, when the Complainant reached the airport at 8.00 PM, he was informed that the flight had already departed at 19:40 hrs. Accordingly, the Complainant requested to book his flight to the early morning, but could not be booked since the flight was already full. The Complainant, therefore, booked flight of another airline for Rs.16,065/- and requested the Opposite Party No.2 to cancel the ticket and to refund the amount. However, to the utter surprise of the Complainant, the Opposite Party No.2 refunded only Rs.105/- and deducted Rs.5954/- towards cancellation charges. Thereafter, the Complainant prevailed upon the Opposite Parties to refund the full amount vide e-mails Annexure C-5 to C-9, but to success. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case. 
3.         Opposite Party No.1 contested the Complaint and filed its reply, inter alia, admitting the basic facts of the case. It has been pleaded that the role of Opposite Party No.1 was limited to booking of the ticket. Neither the ticket was cancelled on the assurance of Opposite Party No.1 nor has any deduction was made by Opposite Party No.1.  Opposite Party No.1 has processed the case of the Complainant without any delay. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party No.1 has prayed for dismissal of the complaint.
4.         Opposite Party No.2 filed its separate reply, inter alia, admitting the factual matrix of the case. It has been pleaded that the Complainant was to board the Delhi – Bombay Air India flight on 01.01.2018 at 6.00 P.M. as per the original schedule plan of the flight. The flight was rescheduled from 18:00 hrs to 21:10 hrs and again to 19:40 hrs because of bad weather condition as it was too foggy on 01.10.2018. The Complainant was bound to reach the Delhi Airport by 5.00 PM as per the original time schedule of the flight, but he reached at about 8:00 P.M. by the time the flight took off at about 19:40 hrs. Since the Air India flight was the international air flight, therefore, the boarding counter closed one hour before its departure. The Complainant thus became no show. The Complainant called the Customer Care Executive who hold him that he could take full refund only if the flight was delayed for more than one hour, but before the flight takes off so that the seat be given to another standing passenger. The Complainant did not cancel the air ticket within time frame and the status of the air ticket became no show. The actual time to fly was 18:00 hrs. and there was a delay of just 1:40 hrs., therefore, the Complainant was not eligible for any refund. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party No.2 has prayed for dismissal of the complaint.
5.         The Complainant also filed separate replications to the respective written statements filed by the Opposite Parties No.1 and 2, wherein the averments as contained in the complaint have been reiterated and those as alleged in the written statement by the Opposite Parties No.1 and 2 have been controverted.
6.         The parties led evidence in support of their contentions.
7.         We have gone through the entire record, along with the written arguments advanced on behalf of Complainant as well as Opposite Party No.1 and have also heard the arguments addressed by the Ld. Counsel for the Parties.
8.         On perusal of Annexure C-1 which is a flight ticket issued by the Opposite Parties, the departure time is shown as 18:00 hrs on 01.01.2018. As per the terms & conditions contained said Annexure C-1 the check-in-time begins two hours before for seat assignment in the flight and closes 45 minutes before its scheduled departure. Opposite Party No.2 in para no.2 of its reply has admitted that their customer care executive told the Complainant that the flight has been rescheduled from 18:00 hrs to 21:10 hrs and accordingly, the Complainant was supposed to report 45 minutes prior to 21:10 hrs i.e. 20:25 hrs. On perusal of the record available on file, it is seen that the Complainant reached the airport at 8:00 p.m. i.e. 20.00 hrs. which is well within the time of 45 minutes before the scheduled departure.
9.         We are not convinced by the stand taken by the Opposite Party No.2 that the Complainant was bound to reach the Delhi Airport by 5.00 pm. On 01.01.2018 as per the original time schedule of the flight, as it was the Opposite Party No.2 itself who informed the Complainant about the change in the departure schedule of the flight from 18:00 hrs to 21:10 hrs.  We are also not convinced with the stand taken by the Opposite Parties that the Complainant’s status became as “no show” as the Complainant reported at 8:00 p.m. against the flight which was rescheduled to depart at 21:10 hrs. We are of the concerted view that the Complainant missed the flight due to the wrong information given by the officials of Opposite Party No.2 to the Complainant about the rescheduled departure of the flight, thereby creating utter confusion in the mind of the Complainant about the departure of the flight. Due to all this, the Complainant was left with no other choice, except to reschedule/rebook his ticket to the place of destination as planned earlier by suffering financial loss, mental agony and harassment. The sequence of all above leads to irresistible conclusion that the Opposite Parties are indulged into unfair trade practice and are guilty of rendering proper services to the Complainant and forced him to indulge in the present unnecessary litigation. 
10.         In view of the above discussion, the present consumer complaint, deserves to succeed and the same is partly allowed.  The Opposite Parties are directed as under:-

1. To pay Rs.16,065/- to the Complainant towards the expenses incurred by him for rebooking his air ticket;

(ii)    To pay to the complainant Rs.7,000/- as compensation for mental agony and harassment;

(iii)   To pay to the complainant Rs.5,000/- as costs of litigation.

 

11.         This order be complied with by the Opposite Parties, jointly and severally, 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.
12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
13/03/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President