Delhi

New Delhi

CC/861/2013

Sukrita Arora & Anr. - Complainant(s)

Versus

M/S. Air India Ltd. - Opp.Party(s)

10 Jan 2020

ORDER

 

 

                                       CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 861/2013                                                                                 Dated:

In the matter of:

1.      Mrs. Sukrita Arora

W/o Mr. Akshay Arora,

R/o 32-Idgah Hills, Bhopal, C/o I-17734, LGF,

Near Gate no. 7, I-block, Chattranjan Park, New Delhi-19

 

2.      Master Arhan Arora, S/o Mr. Akshay Arora,

Minor, Through Guardian & Mother

Mrs. Sukrita Arora W/o Mr. Akshay Arora,

R/o 32-Idgah Hills, Bhopal, C/o I-17734, LGF,

Near Gate no. 7, I-block, Chattranjan Park, New Delhi-19

            ....COMPLAINANTS

 

VERSUS

1. Air India, Through

         M/s National Aviation Co. of India Ltd.

       Airlines House, 113, Gurudwara Rakabganj Road,

         New Delhi-110001.

 

2. The Chief Operating Officer, Air India,

          National Aviation Co. of India Ltd.

            Air India Building, Nariman Point,

            Mumbai- 400021.

 

3. The Head-Customer Service, Air India,

         National Aviation Co. of India Ltd.

          Air India Building, Nariman Point,

          Mumbai- 400021.

                                                                                                                                                  .....OPPOSITE PARTIES

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

Earlier the present complaint was filed before Ld. Forum at Bhopal and the said Forum had returned back this complaint vide its order dated 06/03/2013 for filing the same before this Forum. However, the said order was further challenged by the complainants before the Hon’ble State Commission, wherein, the appeal of the complainant was dismissed with liberty to the complainant to approach the Forum having jurisdiction vide its order dated 16/04/2013.

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant on 22/05/2010 had booked their ticket for travel from Delhi to Bhopal for travel dated 28/05/2010 through regular flight no. IC-134 and the tickets were purchased through a travel agent against payment of Rs. 04,095/- each totaling to Rs. 08,190/-. It is further stated that the complainants had reported well in time at the airport and they checked-in at the airport check-in counter at 4.45 pm and the boarding passes containing seat no. 20-E & 20-F were issued to them, however on enquiry at the check-in counter, OP informed that the flight had been delayed by about one hour and would departed at 7.00pm instead of 6.00pm. It is further stated that even beyond 7.00pm no announcement for boarding of the said flight IC-134 had been done. At 8.30pm the passengers were informed that incoming aircraft is now available, but there is shortage of the crew and the staff which were flee to Bhopal. Finally. At 10.30pm there was announcement that the crew and staff had now been arranged and the revised time of departure was announced as 11.00pm but there was no boarding announcement until 11.00pm and finally, the boarding of said flight IC-134 was announced at about 11.15pm and accordingly, the flight at Bhopal landed past mid-night at about 12.30am. It further stated that complainant had to reach Bhopal urgently in order to attend to medical emergency of her/his ailing mother/grandmother, which was also delayed and caused undue anxiety and complainants were unduly made to go through a lot of mental torture and harassment, hence this complaint.

OP was noticed and OP filed written statement. It is alleged that the complainants had booked tickets with OP through travel agent M/s Radiant travels private limited. It is further alleged that complainants had reported for check-in at the Airport at 16.45 hrs and were issued boarding passed bearing seat no. 20E and 20F and the complainant no. 1 was informed about the delay in departure to the flight at her mobile number 9893060711. It is alleged that the Flight IC 134 dated 28/05/2010 was scheduled to operate with incoming aircraft arriving from Srinagar/Jammu, as a result of which the flight was progressively delayed. Upon arrival of the incoming aircraft from Srinagar/Jammu, a pre-fit clearance of aircraft is required from the Engineering as well as Operation Department  of the Co. for further operations of the Flight. After clearance from the Concerned Department, announcement for boarding was made.  It also stated that the passengers including complainants were served tea/coffee and snacks inside the security hold area at Airport.

It is further alleged that the delay was caused on account of operational constraints i.e. late arrival of the incoming aircraft detailed to operate flight IC-134 on 28/05/2010 due to inclement weather condition prevailing at Jammu and pre-fit clearance was required from Engineering Department before departure of any flight. After completion of all the required formalities the flight IC-134 on 28/05/2010 departed art 22.55 hours.  Prayer to dismiss the complaint had been made.

Both the parties have filed their respective evidence by way of affidavit, we have heard arguments advance at the bar and perused the records.

We have considered the material placed before us and submission of the parties with relevant provisions of law.

The complainant had booked two tickets with the OP for travelling from Delhi to Bhopal through flight no. IC-134 which was scheduled to departed from Delhi on 28/05/2010. On the said departed date the complainants were reached to Airport and where they got informed that flight was delayed due to which the complainant got late in order to attend to medical emergency of her/his ailing mother/grandmother, and caused undue anxiety and complainants were unduly made to go through a lot of mental torture and harassment.

It is submitted by the OP that upon arrival of the incoming aircraft from Srinagar/Jammu, a pre-fit clearance of aircraft is required from the Engineering as well as Operation Department  of the Co. for further operations of the Flight and the late arrival of the incoming aircraft detailed to operate flight IC-134 on 28/05/2010 due to inclement weather condition prevailing at Jammu and pre-fit clearance was required from Engineering Department before departure of any flight but the OP had failed to place on record any documents which shows that whether the weather condition was bad or not. The OP has also placed on record that there was not ATC clearance to fly the flight.

It is prayed by the complainant that the OP be directed to return Rs. 08,190/- towards refund of the cost of the air ticket which was not refunded to the complainant as the complainant had traveled and availed the services and complainant had also prayed for the compensation of Rs. 1,00,000/- for his mental pain, agony and suffering due to delay which amounts to deficiency in service. It is admitted that complainants has travelled from Delhi to Bhopal, so no refund of ticket can be made. We, however, hold the OP guilty of deficiency in service and direct it as under:-

i)     Pay to the complainant a sum of Rs. 25,000/- as compensation towards harassment, mental agony and pain.

 

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 10/01/2020.

 

        

                                            (ARUN KUMAR ARYA)

                                                      PRESIDENT

 

(NIPUR CHANDNA)                                                      (H M VYAS)

      MEMBER                                                                      MEMBER