Delhi

New Delhi

CC/18/2019

Asha Sahib - Complainant(s)

Versus

M/S. Air France - Opp.Party(s)

28 Feb 2019

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.18/2019                                                                                          Dated:

In the matter of:

Smt. Asha Sahib,

W/o Sh. B.L. Sahib

SK-708, Shipra Krishna,

Vista, Ahinsa Khand, Plot No.14,

Indrapuram, Shipra Sun City,

Ghaziabad, Uttar Pradesh-201014.

                           ……..COMPLAINANT

VERSUS

 

Air France,

Add. LB-46, Prakash Deep Building,

Tolstoy Marg, New Delhi-110001.

 

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

 

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986.  Arguments on admission of complaint were heard.  We have gone through the complaint as well as documents filed with it.   The brief facts of the complaint are that the complainant was suffering from various diseases i.e. diabetes with insulin shots/arthritis and was unable to walk even short distances.  On 30.04.2018, the complainant’s son booked the ticket for her, through OP specifically mentioning about the requirement of the wheelchair for the complainant.  The complainant after a satisfactory visit to the USA took the return flight from Indiana to New Delhi via Charles De Gaulle International Airport at Paris, France. The complainant reached the Paris Airport on 2.6.2018 and requested the concerned staff of aircraft to get a wheelchair for her as she was unable to walk on her own.  Further, the staff made the complainant wait for a long time and thereafter she was informed that they would be unable to provide the wheelchair and she will have to walk on her own. The complainant and her family requested senior officials of OP to provide the same but the officials turned oblivious to the request of complainant. The complainant had to walk down several hundreds of metres.   As a result, complainant was unable to sit comfortably on the flight, as she constantly complained of physical pain and started sweating severely, breather heavily and her eyes completely turning red.  Later on, when the complainant reached at home, she immediately visited her doctor, she was advised by the doctor to take bed rest and medication for the pain.  Thereafter, the son of the complainant sent various e-mails to the OP for deficiency of services on its part.  The representative of OP vide email dated 9.7.2018 replied to the emails whereby it accepted the deficiency of OP but  instead of compensating the complainant, the OP simply shifted the blame upon the airport authority and offered a travel voucher of INR 5915, which was denied by the complainant.  Complainant  sent a legal notice dated 5.11.2018 to the OP for seeking a compensation for an amount of INR 18,00,000 for mental physical agony and harassment but no reply has been received  till date, hence this complaint.

2.     Argument on the admissibility of the complaint on the point of territorial jurisdiction heard. It was submitted by the complainant that office of OP is situated at Tolstoy Marg, New Delhi, within the territorial jurisdiction of this Forum, so this Forum was competent to adjudicate the matter.

3.     In the present case, the complainant booked the ticket online. The complaint regarding deficiency in services as alleged by the complainant had been lodged by her through online. The reply to her mail communication was also received online through the e-mails of the OP Co.  The complainant has failed to place on record any documents which shows that the either the tickets were issued from office of the OP  falling within the Territorial Jurisdiction of this Forum or any cause of action i.e. deficiency in services on the part of OP occurred within the within the Territorial Jurisdiction of this District Forum.  Hence, no  cause of action or even the part of the same does not arose within the Territorial Jurisdiction of this District Forum.

 

4.     We are, therefore, of the view that this Forum does not have the territorial jurisdiction to entertain the complaint for want of territorial jurisdiction. The complaint is, therefore, directed to be returned to the complainant along with all annexure against acknowledgment. A copy of the complaint be retained for records. Complaint is accordingly, disposed off in above terms. The copy of the order be sent to complainant free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to Record Room.

 

Announced in open Forum on 28/02/2019.

 

 

                                           (ARUN KUMAR ARYA)

      PRESIDENT

(NIPUR CHANDNA)                                            (H M VYAS)

                   MEMBER                                                   MEMBER