Chandigarh

DF-II

CC/864/2021

Sh. Shekhar Kumar. - Complainant(s)

Versus

M/s Go Airlines (India) Ltd. - Opp.Party(s)

In Person

18 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	864 of 2021
Date  of  Institution	:	30.11.2021
Date   of   Decision	:	18.10.2022

 

 

 

 

 

 

Sh.Shekhar Kumar, Resident of # 1050, GF, Sector 7 B, Chandigarh. (Old Address)

New Address:- ED Office, Kanoos Castle, Canal Road West, Shenoys, Kochi, Kerala- 682011

 

             …..Complainant

 

Versus

 

M/s Go Airlines (India) Limited, New Civil Air Terminal Chandigarh, Village- Jhurheri, Mohali, Punjab - 140306

 

    ….. Opposite Party

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

Argued by  : Complainant in person.

   OP exparte.

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

1.       The complaint of the complainant in brief is that the complainant booked Go Airlines flight for route Delhi-Patna (G8-198) for 2.8.2021 worth Rs.7070/-(for 3 passenger i.e. complainant, his wife and 3 years old daughter (Ann.C-1).  It is averred that when the complainant along with his family reached Delhi Airport from Chandigarh, Go First Airlines executive informed him that the said flight fixed at 06:00 PM has been cancelled and rescheduled for 06:35 AM claiming that the same has been intimated in advance. However, no SMS was sent to the complainant regarding the rescheduling of the timings and Email dated 31.07.2021 (Ann.C-2) did not mention any word such as ‘cancellation’ or ‘reschedule’ and the flight time was mentioned as 06:35am in place of 06:00pm. It is further stated that the Go First Airline staff present there gave complainant two options, 06:35am flight of the following day or full refund on cancellation. The complainant returned the tickets already booked and chose the next flight made available by them. It is further alleged that when the complainant requested for evening flight or hotel stay arrangement and transfer thereto for intervening night in view of his family’s stay, they denied citing advance intimation, however, the said intimation/email annexed c-2 was completely vague, ambiguous and inappropriate. It is further submitted that due to rescheduling of flight and no appropriate intimation till last hours, the complainant was compelled to stay in the hotel for night and spend other incidental charges such as taxi and fro hotel, and journey got lengthened unnecessarily form 15 hours estimated to 29 hours,  onward journey cancellation form Patna to Bhagalpur. The evidence of the complainant and his family’s Hotel Bill are annexed as Annexure C-3, Taxi Bill and fro annexed as Annexure C-4 on ward journey cancellation receipt from Patna to Bhagalpur (Annexure C-5) copies of the Boarding passes for rescheduled flight journey from Delhi to Patna on 03.08.2021 is annexed as Annexure C-6 and ticket for onward rescheduled Journey form Patna to Bhagalpur in 02 Trains Annexure C-7 are enclosed hereto. It is further alleged that Go First Airlines rescheduled the flight and intentionally didn’t intimate the complainant appropriately with an ulterior motive to avoid ticket cancellation by passengers and most probably to accommodate the passengers of cancelled Half-occupied flight to another half-occupied flight to optimize their profitability and thus they saved their revenue at the cost of passengers convenience and comfort. It is further submitted that on 27.08.2021 a complaint email was sent to opposite party, which was responded very casually and arbitrarily on 07.09.2021 stating there under : Go First reserves its right to cancel, reschedule or delay the commencement or continuance of any flight or alter the stopping place or deviate from the route of the journey without thereby incurring any liability in terms of compensation, damages or loose whether direct, indirect consequential or special or otherwise in any manner whatsoever. In case of any such cancellation or rescheduling of any flight due to any reason including reasons beyond our control, Go First assumes no responsibility. A copy of the said email correspondence is annexed hereto as Annexure C-9. Alleging the aforesaid act of the Ops as deficiency in service and unfair trade practice on their part this complaint has been filed.

2.       As per office report, notice sent to OP through speed post on 16.12.2021, but OP did not turn up despite service of notice, hence he proceeded exparte vide order dated 04.07.2022.

3.       Complainant led evidence in support of his contentions.

 

4.       We have heard the ld.Counsel for the complainant and have perused the entire record.

 

5.       The counsel for the complainant also filed written arguments. 

 

6.       The through perusal of the record reveals that the grouse of the complainant that he has not been intimated well in time by OP Airline about change in flight time is without merit. Ann.C-2 placed on record by the complainant himself dated 31.7.2021 itself proves that the OP Airline has intimated the complainant about his scheduled Flight on 2.8.2021 from New Delhi (Del) to Patna (PAT) to depart New Delhi (DEL) at 06:25 and arrive Patna (PAT) at 0755.  As the OP has intimated the complainant well in advance about the time of his scheduled flight from New Delhi to Patna, therefore, no deficiency is made out against it.  

 

7.       From the above discussion and findings, we are of the opinion that no case of deficiency in service is made out against the OP. Therefore, the present complaint being without merit is hereby dismissed. No order as to costs.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

18^th October, 2022                                                         Sd/-

(PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

 (B.M.SHARMA)

MEMBER