Delhi

New Delhi

OC/1472/2004

Shaswat Kumar - Complainant(s)

Versus

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

26 Oct 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1472/04                                                                                                                                                                              Dated:

In the matter of:

1.SH. SHASWAT KUMAR & ANR

 

2. MRS. ANURADHA GUPTA,

BOTH RESIDENCE OF 14, EI DORADO,

80 FT. ROAD, INDIRANAGAR, Ist STAGE,

BANGALORE-560038.

                 ……..COMPLAINANT

 

VERSUS

 

1. THE CHAIRMAN-CUMMANAGING DIRECTOTOR,

M/S.AIR INDIA LTD.,

HANSAIYA BUILDING, 5^TH FLOOR,

15, BRAKHAMBA ROAD,

NEW DELHI-01

 

2. M/S.AIR INDIA LTD.,

1, SCINDIA HOUSE,

JANPATH, NEW DELHI

………. OPPOSITE PARTIES

 

ORDER

Member: Ritu Garodia

The short fact of complainant is that complainant had booked air tickets from Bangkok to Chennai for travel on 6.2.2004.  The passenger was not allowed to board the flight as airport authorities were not provided information about ticket endorsement.  Complainants tried to contact OP Airlies but were unable to do so.  They were sent to Bangalore by another flight on 7.2.2014 after much harassment meanwhile they incurred expenses in arranging for alternate accommodation.  The complainant was also humiliated at his work place for joining late.

OP in its reply has stated that complainant has changed his original booking from Delhi-Bangalore-Delhi sector to Delhi-Bangalore-Chennai sector.  As per ticketing rules-the programme can be changed by stickers on the ticket provided by OP.  OP alleges that as agent failed to follow the rules, OP is not liable. In Para 5 of written submission, OP has stated that the said agent did not have stock of such stickers.  It is also alleged that Complainant in connivance of agent got this sticker issued.  OP has also annexed ticketing rules.

We have considered the pleadings and documents annexed.  It is admitted and accepts that complainant was not allowed to board the planned flight and was provided alternate light the next day. OP has also admitted that the agent though not having requisite sticker had affixed the sticker.  Op after being aware of fraudulent act of agent has not placed on record any action being taken against the said agent.  The ticketing hand book annexed by OP states:

1.“All Accredited Agents be reminded that practices such as those listed herein violate the governing conditions referred to above.  They harm Members’ legitimate interests and can accordingly result in action being taken under the provisions of the sales Agency Rules and Passenger Sales Agency Agreement:

(C) Using a reservations alteration sticker to alter a flight date without observing a consequential requirement; with the result that a condition governing the applicable fare is thereby evaded;”

OP has not placed any evidence on record regarding action taken against the erring agent nor made oral submission in this regards.  It has been held by National Commission in “Air India Vs. Harpreet Singh”III (2003)CPCJ 123 CNC.

“An argument that Air India could not suffer for the fault of the agent is against the basic principles of law particularly against the provisions of the Contract Act.  Air India is certainly liable for the negligence of its agent.”

Further, connivance of complainant with agent has been alleged without any supporting proof.

In our considered view, OP is guilty of deficiency in service in not taking action against the issuing agent.  We award Rs.25,000/- compensation for harassment and humiliation faced by passenger.

The award to be complied within 30 days from the receipt of order failing which 9% interest will occur till payment.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free

of cost.

Pronounced in open Court on 26.10.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER