DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 20^th day of June, 2023

Present : Sri.Vinay Menon V., President

            : Smt.Vidya A., Member                 

             : Sri.Krishnankutty N.K., Member         Date of filing:          30/12/2022

     CC/262/2022

Sumesh.C

S/o Chippamani,

Madamparambu House,

Erimayur (P.O)

Palakkad – 678 546                                                          -       Complainant

(By Adv. Viju.K.Raphel)

V/s

    M/s  Air Asia India (P) Ltd

   Rep by its Managing Director,

Ground Floor, Alpa 3 Building,

7^th Main, 80 Feet Road, 3^rd Block

Kempegowda International Airport,

   Devanahalli, Bangalore,                                                  -      Opposite party

    Karnataka – 560 300

    (By ex-parte)

O R D E R 

By Smt.Vidya A., Member

 1.     Pleadings of the complainant in brief.    

      The Complainant is working in the Indian Army and he was residing with his family in Jammu. When his wife was carrying their 2^nd baby, he decided to come to his native place in Palakkad and approached the opposite party to book an air ticket through ‘udchalo’ website from Delhi to Kochi. By the time of journey, his wife would have completed 30 weeks and  3 days of her pregnancy.  Complainant specifically enquired the customer care of the opposite party about the possibility of travelling.  The opposite party informed him that his wife can travel if medical certificate not later than 30 days is produced and if  her pregnancy stage is not beyond 34 weeks. For further assurance, he checked the website of Air Asia and found the conditions to be correct. Thereafter he booked ticket with the opposite party to travel from Delhi to Kochi on 6/8/2022 along with his wife and child. The opposite party had allotted ticket for the journey 1^st from Delhi to Bangaluru and then from Bangaluru to Kochi.  As per the ticket, the travel was to start on 2/10/2022 at 9.40 p.m from Delhi and to reach Bangaluru at 12.30 am on 3^rd October and Bangaluru to Kochi on 5.10 am and to reach Kochi at 6.20 am on that day.  He paid Rs. 18,482/- for the ticket.

          As per the direction of the opposite party’s customer care, the complainant’s wife was  examined by a Doctor and certified that she is medically fit to travel by air. The complainant and his family reached Delhi Airport on the day fixed for travel before 1.½ hours of scheduled departure and approached the opposite party. The officials of the opposite party had consulted their medical practitioner and after verifying the medical certificate issued by the consulting doctor and on satisfaction of medical fitness, issued boarding pass to the complainant and his family. Thereafter they completed the security checkup and the boarding pass verified and the complainant and his family was taken to the flight and were seated in their designated seats. But 5 minutes before departure the Air hostess approached them and demanded the medical certificate and on verification with another doctor of the opposite party, asked them to deboard the flight with an assurance that they will be taken to destination by the next flight.  The staff of the opposite party made a scene on board of the flight and that the complainant and family was travelling without valid records which created loss of reputation and great mental agony to them.

                    Later at about 12.AM on 3/10/2022 the officials of the opposite party asked the complainant to look for any other travel plan and expressed their inability to take them on board. They had not given any satisfactory explanation for not letting them fly. The opposite party issued boarding pass after satisfying the medical conditions and other travel formalities.

                    After that the complainant had to arrange a Tathkal train ticket to take his family home, by spending another Rs.7500/- as train fare and Rs. 3500/- as taxi fare from Delhi Airport. Further his wife was sick when they reached Thrissur Station and she had to be taken to Hospital for treatment.

                     The complainant tried to get the refund of the ticket amount, but it was refuted by the opposite party stating one or the other reasons.  The opposite party had committed deficiency by not allowing the complainant and his family to travel even after having all the required documents.       The officials had committed deficiency by issuing the boarding pass without properly verifying the documents (assuming if the documents are not in accordance with this statutory requirements.)  The conduct of the opposite parties had caused great mental agony to the complainant and his family.

     So he approached this Commission for directing the opposite party.    

1. To refund Rs. 18,482/- being the ticket charges. (2)  To pay Rs. 21,000/- towards additional expenses incurred by the  complainant to reach home. (3) To pay 4 Lakhs as compensation for the mental agony and pain suffered by the complainant. (4)  To pay the Cost and other reliefs which the Commission find fit to grant.                                       

2.  Complaint was admitted and  notice was issued to the opposite party. Even after the receipt of notice, the opposite party did not appear or file version. So their name was called in open court and set ex-parte. 

3.  In the absence of the opposite party and their version, the complainant has only to prove a prima-facie against the opposite party. Complainant filed proof affidavit and Exhibits A1 to A7 were marked from his side.

4. Complainant’s grievance is  that the opposite party did not allow the complainant  and family to travel by air after issuing the boarding pass. Complainant had produced all the necessary documents including the medical certificate of his wife issued by her treating doctor not later than 30 days  of travel as required by the opposite party. They did not give any proper reason for de boarding the complainant and family from the flight. Further, the opposite party did not refund the ticket fare even after repeated requests of the complainant.

5.  Complainant produced 7 documents which are marked as exhibits A1 – A7. Exhibits A1 is the printout of the tickets issued by the opposite party for the travel from Delhi to Kochi for the complainant,  his wife and child. Exhibits A2 is the boarding pass issued to them for travelling from NewDelhi to Bangaluru allotting seating numbers 17A, 17B and 17C.  Exhibits A3(Series) is the boarding pass issued for travelling from Bangalure to Kochi allotting seat numbers 16A, 16B, 16C.  Exhibit A4 is History and Treatment Record issued by Doctor. Farhana Yakoob (Assistant Professor) of Acharya Sri. Chander College of Medical Science and Hospital dated 10/09/2022. On the reverse side of exhibits A4, the doctor has certified that patient can travel by air (flight).

6.  Exhibits A5 is the printout from the  Air Asia (opposite party) website  stating the condition for travel for a pregnant woman.

               Under the heading “ Important Terms and Conditions” the conditions are enumerated; which is as follows.

“Our carriage of pregnant passengers are subject to the following conditions.”

1.  Pregnancy upto 27 weeks (inclusive) Except on flights to/from the   United States, Guest must sign Air Asia/Air Asia x Limited Liability statement at the time of check in to absolve Air Asia/Air Asiax against any liabilities arising there from.
2.  Pregnancy between 28 weeks to 34 weeks(inclusive) except on flights to/from United States, guest must

• Submit an approved doctor’s medical certificate.
• Submit a doctor’s Medical certificate confirming the number of weeks of pregnancy and the certificate shall be dated not more than 30 days either the scheduled outbound or the scheduled in bound flight departure date as the case may be.
• Sign Air Asia/Air Asia X Limited Liability statement at the time of check-in to absolve Air Asia/Air Asia x against liabilities arising these from.

7.   In the History and Treatment Record issued by Dr.Farhana Yakoob (Asst.Professor, Acharya Sri.Chander College of Medical Science) which is marked as Ext. A4 is dated 10/9/2022 and the date of travel as per                    Ext.A1, is 3/10/2022 and the pregnancy period is shown as 27 weeks 2 days. By the time of travel on 3/10/2022, she would have completed        30 – 31 weeks. The complainant had submitted medical certificate and all other formalities for travel.

8.  The staff of the opposite parties after verification of the documents including Treatment record, issued boarding pass and they boarded the flight. Then deboarding them without any sufficient reason is clear deficiency on their part. The complainant has complied the conditions as mentioned in                      Ext.A5. So the complainant had succeeded in proving his case.

9. Further, according to the complainant, even after repeated requests the opposite parties did not refund the ticket fare.  The non-refunding of the ticket fare collected for travel which they could not avail for no fault of them amounts to deficiency in service and unfair trade practice on their part.

10. From the documents produced by the complainant, it is clear that there is deficiency on the part of the opposite parties and they are bound to compensate the complainant for that.

               In the result, the complaint is allowed. We direct the opposite party to

1. Refund Rs.18,482/- being the ticket fare together with 10% interest from   

2/10/2022 till realization.

2. We further direct the opposite party’s to pay Rs. 1,00,000/- as 

compensation for this deficiency in service.  Rs. 50,000/- for the mental  

agony suffered by the complainant and family and Rs. 25,000/- for the  

financial loss suffered by the complainant and Rs. 25,000/- as cost of the 

litigation.

Pronounced in open court on this the 20^th day of June, 2023.

Sd/-

                                                                                      Vinay Menon V

                                          President

Sd/-

     Vidya.A

                   Member   

                                                                                       Sd/-

                                                                         Krishnankutty N.K.

                                                                                 Member

APPENDIX

Documents marked from the side of the complainant:

Ext.  A1: Printout of the tickets – Delhi to Kochi.

Ext.  A2: Boarding pass NewDelhi to Bangaluru allotting seating numbers 17A,  

              17B and 17C. 

Ext. A3:  Boarding pass issued for travelling from Bangalure to Kochi allotting    

              seat numbers 16A, 16B, 16C.(Series).

Ext. A4: History and Treatment Record issued by Doctor. Farhana Yakoob 

              (Assistant Professor) of Acharya Sri. Chander College of Medical 

              Science and Hospital. 

Ext. A5: The printout from the  Air Asia website  stating the  

              condition for travel for a pregnant woman.

Ext. A6: Request for refunding the flight tickets(Series)

Ext. A7: Printout of Train tickets – Nizamuddin to Thrissur.

Documents marked from the side of opposite parties: Nil

Witness examined from the complainant’s side: Nil

Witness examined from the opposite parties side:

Cost: 25,000/-

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.

Forwarded/By Order,     

   Assistant Registrar

Fair copy on      : 25/07/2023

Despatched on  :