Complainants in person
Advocate B.S.Chakranarayan for
the Opponent Nos. 1 and 2.
Opponent No.3 is deleted.
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 14th June 2013
This complaint is filed by unfortunate Tourists who had expected dream to enjoy the trip of America but face nightmare due to inconveniences and sufferings caused at the instances of Opponent Airline Company. Brief facts are as follows-
[1] Complainants are the resident of Salisbury Park, Pune. They have visited America during the period of 23/5/2011 to 18/11/2011. They have purchased round trip tickets from Mumbai to Dallas Texas, USA from the Opponent Airline Company through Travel Agent. While proceeding to New York on 23rd May the flights were cancelled due to bad weather and they had required to stay at the Airport for 4 days and 3 nights. They have sustained monitory loss and faced agony, frustration and inconveniences while proceeding to New York from Mumbai. They had also required to spend expenses for their stay during that period. While returning from New York to Mumbai again they have suffered lot of inconveniences as their tickets were cancelled automatically at the Airport and the boarding passes were not given to them. Hence they had required to travel by another flight from different Company and they had paid Rs.99,566/- in addition to the cost of round trip tickets. Hence complainants have filed this complaint. Complainants have claimed compensation for the expenses incurred in USA between 23rd and 26th May 1000 US$. Cost of Rs.99,566/- for return tickets by Gulf Air, compensation for mental agony and hardship suffered during the Outward and Return journeys to the tune of Rs.15,00,000/-. They have also claimed costs of Rs.1000/-.
[2] Opponent Nos. 1 and 2 appeared through Advocate and filed application for adding 3rd party i.e. American Airlines who was Operating Carrier. The 3rd party was added but subsequently the 3rd party was deleted as per the request of the complainants. Hence complaint is proceeded against the Opponent Nos. 1 and 2 only. The Opponents have not filed any written statement in order to rebut the contentions of the complainants. Hence complaint proceeded for hearing without written statement.
[3] Complainants have filed voluminous documents including the affidavits, copies of tickets, correspondence between themselves and Jet Airways Co. The allegations made on oath by the complainants remained unchallenged. The evidence in the form of correspondence between the complainants and the Opponents is disclosing that the complainants have claimed compensation and made grievances about the inconvenience to the Opponents on time to time. But they have not received any positive response. After filing the complaint it has been brought to the notice by the complainants that the Opponents had issued cheque of Rs.99,566/- on 27/6/2012. That payment was made by way of refund for the additional expenses incurred for purchasing Gulf Air Ticket for return journey. It is also brought on record by the complainants that opponents had sent two coupons worth 300 $ each and which were encashed by the complainants.
[4] After considering the documentary evidence as well as the pleadings of complainants and correspondence between the parties and hearing the argument of complainant following points arise for my determination. The Points, Findings and the Reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1 | Whether Opponents have caused deficiency in service ? | In the affirmative |
2 | Whether complainants are entitled for compensation ? | In the affirmative |
3 | What order ? | Complaint is partly allowed |
Reasons
As to the Point Nos. 1 to 3-
It reveals from the allegations made by the complainants in the complaint as well as the correspondence with Opponents that complainants have faced inconveniences for two times while proceeding to New York as well as while returning from New York. According to them due to the sudden cancellation of flights the complainants were required to stay for four days and three nights at their own expenses and they have faced lot of inconveniences and agony during that period. This fact is not at all challenged by the Opponents by filing written statement as well as in their correspondence.
It reveals from the correspondence between the parties that the Opponents had avoided to pay compensation to the complainants by saying that the complainants were not present at the Airport at the time of departure of flights while returning from New York. Hence their reservations were cancelled. But on verification the Opponent Nos. 1 and 2 admitted in the correspondence that that was the mistake of American Airlines and they are not responsible for the inconveniences caused to the complainants. It is significant to note that there was contract between the complainants and the Opponent Nos. 1 and 2 and the Opponent Nos. 1 and 2 had engaged American Airlines as Sub-Contractor. There was no direct contract between the complainants and American Airlines hence Jet Airways i.e. Opponent Nos. 1 and 2 cannot pass on their responsibility on American Airlines and they are liable to pay compensation as well as refund of cost of tickets. The complainants have fairly admitted that they have received Rs.99,566/- by way of cheque from the Opponent Nos. 1 and 2 after filing the complaint and that amount is adjusted towards the expenses which were incurred by them for their return journey. It is also admitted by them that they have received two coupons of 300 $ each i.e. worth Rs.30,000/-. According to the complainants they had required to spend 1000$ for stay during 23rd May to 26th May. Hence I held that complainants are entitled to receive Rs.25,000/- towards expenses for stay at USA. The tourists who had sustained inconveniences and trauma due to the sudden cancellation of air tickets at alien country and required to stay at strange place is beyond imagination. Cool response from the Airline company is irritating. The tourists/ complainants who were traveling from India to New York must have been dreamt something different than which the complainants have suffered. In such circumstances adequate compensation should be given to the complainants on the ground of mental agony and physical sufferings. The compensation on the ground of mental agony and hardship cannot be calculated in terms of money. Mental agony, trauma, physical sufferings and frustration are matters of perception. There is no parameter to measure these things hence these cannot be estimated in terms of money. However there is no alternative but to award monetary compensation by way of solace. After considering the entire episode and the cool response given by the Opponents I held that heavy compensation of Rs.5,00,000/- should be awarded to the complainants in the present proceeding. They are also entitled to receive cost of Rs.1,000/- for the present proceeding.
I answer the points accordingly and pass the following order-
:- ORDER :-
1. Complaint is partly allowed against the Opponent Nos. 1 and 2.
2. It is hereby declared that the Opponent Nos. 1 and 2 have caused deficiency in service by sudden cancellation of Airline Tickets.
3. The Opponent Nos. 1 and 2 are jointly and severally directed to pay to the complainants amount of Rs.25,000/- towards expenses for stay at USA within six weeks from the date of receipt of copy of order.
4. The Opponent Nos. 1 and 2 are jointly and severally directed to pay to the complainants amount of Rs.5,00,000/- towards compensation for mental agony, trauma, physical sufferings and frustration within six weeks from the date of receipt of copy of order.
5. The Opponent Nos. 1 and 2 are jointly and severally directed to pay to the complainants amount of Rs.1,000/- towards costs of proceeding within six weeks from the date of receipt of copy of order.
6. No order as against the Opponent No.3 as Opponent No.3 is deleted.
Copy of order be supplied to both the parties free of cost.
