Delhi

New Delhi

CC/867/2014

Deepa Rai - Complainant(s)

Versus

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

20 Feb 2020

ORDER

 

 

                    CONSUMER DISPUTES REDRESSAL FORUM-VI

                           (DISTT. NEW DELHI),

                                    ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                              NEW DELHI-110001

 

 

Case No. CC/867/2014                                               Dated:

          In the matter of:   

          Ms . Deepa Rai

          D/o Sh. T.B. Rai

         R/o 251, Karishma Apartments.

        Plot No. -27, Patparganj, I.P. Extension,

         Delhi- 110092

 

                                                                                     …… Complainant

 

        Versus

           

            The Chairman-cum-Managing Director

            Indian Airlines Ltd

           Airlines House

           Gurdwara Rakabganj Road

           New Delhi                                                                       …….Opposite Party

 

 

 

 

H.M. VYAS – MEMBER

ORDER

The complainant, an Advocate booked air-ticket of flight no. 879 for a sum of Rs. 13,864/- through its authorized Air India agent, M/s AVS Tours  &  Travels Pvt. Ltd  to fly to Bagdogra to join Dusshera, an important festival for Nepalis. The scheduled time of the said flight  for departure  was 1:15 PM. In order to board the flight the complainant reached Indira Gandhi airport around10:30 AM and waited in the queue for the issuance of the boarding pass. The boarding pass was not issued by the attendant for quite long and on enquiry a vague response was given for delay in issuance of the boarding pass. Around 12:30 PM the Manager of the OP Airlines came and informed that due to overbooking, seats are not available and assured to make arrangements for the next available flight. Thereafter, the Manager disappeared leaving the passengers in dilemma. The complainant and many other passengers requested at the counter to refund the fare but was refused. The complainant  was advised to approach the customer care of the OP with a written complaint and the refund of the Airfare would be made after 15 days. On raising hue and cry as the complainant and other passengers were without refreshment/ lunch, the OP handed down the boarding passes to the passengers for the same flight but for the next day i.e. 03/10/2014.  The OP was reluctant to provide overnight accommodation to the complainant and therefore had to shuttle between the various counters  for filling up the form  for accommodation. Around 2:15 PM the complainant was permitted for hotel accommodation and then taken to Shanti Place  Hotel  at Mahipalpur. The complainant was deeply troubled as was hungry since no refreshment / lunch etc could be taken in such circumstances. Not only this, the OP-1 had instructed the hotel to make available food upto Rs. 550/- and the bill beyond  Rs. 550/- was asked to be paid  by the consumer. It is also alleged that as per the menu card of the hotel, no dish was costing less than Rs. 350/-.

The complainant in such circumstances stayed and had to incur extra expenses  costing Rs. 150/- for tea. It is also stated that her parents reached airport at Bagdogra on 02/10/2014 to receive the complainant and had to suffer undue mental harassment and agony finding that  the complainant  had reached through the said flight of which she had confirmed  air flight tickets. Alleging deficiency  in service  and causing  undue harassment mental tension and agony praying direct to pay a sum of Rs. 1,00,000/- for lack of customer care mismanagement at the airport on 02/10/2014, Rs. 5,000/- compensation  for limiting the food bill at Rs. 550/- at the hotel accommodation, Rs. 10,000/- compensation for making the parents troubled on 02/10/2014 as well as 03/10/2014, Rs. 10,000/- for overbooking  as a result of which the complainant could not reach  home on Dusshera festival, Rs.5,00,000/-  compensation for harassment and mental agony caused to the complainant beside litigation expenses of Rs. 40,000/-.

The OP contested the complaint and filed reply/ version  denying all allegations leveled. It is stated and relied upon that as per the circular/ Civil Aviation Requirments ( in short CAR) dated  06/08/2010 issued by Director General of Civil Aviation ( in short DGCA) in this regard to facilities to be provided to passenger by airlines due to denied boarding, cancellation or delay in flights  effective from 15/08/2010. The relevant portion reads as below : -

X        X          X          X          X          X          X          X          X          X          X          X

3.2.3.“Airlines overbook their scheduled flights to a limited extent in order to reduce the possibility of flights departing with unoccupied or empty seats because of ‘No Shows’ by booked passengers i.e. passengers who do not report for travel despite firm bookings before the time limit stipulated by the airline. Under the provisions of this CAR, airlines shall be liable to pay compensation to passengers who are denied boarding. Hence, in order to minimize  ‘No Shows’, the airlines will be allowed to levy appropriate. ‘No Show’ penalties in relation to the Fare as defined under rule 135 of the Aircraft Rules 1937. This penalty will be deducted from the Fare paid by the passenger. “

   X        X        X          X          X          X          X          X          X          X          X          X         

It is also stated that compensation for overbooking could be paid in accordance with provisions of CAR Section 3.5, Series M part IV which stipulates that final compensation shall only be given if the amount of ticket cost is higher than the compensation amount as mentioned in clause 3.5 under the head compensation.

It is also stated that complainants was provided  accommodation in good hotel at Mahipalpur for proper facility  of food. The complainant had accepted the boarding pass for the next date i.e. 03/10/2014 and as such there was no deficiency on the part of OP.

The deficiency in service as against the OP has been denied categorically and prayer to dismiss the complaint has been made.

The complainant filed rejoinder/ evidence by way of affidavit reiterating the text of the complaint  and the rejoinder. The OP also filed evidence by way of affidavit.

Both the parties have addressed oral arguments as well. We have perused the record  and considered the rival submission of the parties. As per the clause 3.2 of the Civil Aviation Requirements Series relied by the OP,  it is clear that  in the instant case of denied boarding against the will of the passenger, the airlines shall as soon as  practicable  compensate them in accordance with the provisions of Para 3.5 in addition to refund the air tickets. As per the laws 3.5 the compensation of the stipulated amount therein would be payable.

The undisputed facts are that the complainant  was denied boarding and dispite having a confirmed air-ticket for the OP’s flight dated 02/10/2014. Thereafter, the arrangements  for the next day flight were made against  the original  ticket costing Rs. 13,864/-. Accommodation in hotel at Mahipalpur  was provided with food bill limit restricted  to Rs. 550/- . The complainant boarded the flight  on 03/10/2014, It is not disputed  by the OP that the boarding  was denied due to overbooking and relied on the provisions referred herein above made.

In view of above facts and discussions, we are of the considered view that the OP was deficient in service on account of denial of boarding as also restricting the food bill to a meagre amount of Rs. 550/- . Further, the OP  is also held deficient in service for having the same to give in making such causing undue harassment and tension to the complainant. We are accordingly direct as under

1. OP to pay to the complainantRs. 4,000/- to the complainant .
2. OP to pay to the complainant Rs. 15,000/- as litigation cost and compensation for mental tension and harassment and agony beside emotional hurt caused  to the complainant for not joining her family on Dussehra festival.

The Orders shall be complied within 30 days from the date of receipt of this order failing which interest @ 9% on the awarded sum i.e. Rs. 19,000/- from the date of filing of complaint i.e. 18/11/2014 till realization shall be payable.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on: 20/02/2020.

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

 

                                                (ARUN KUMAR ARYA)

                                                                   PRESIDENT

 

              (NIPUR CHANDNA)                                                                                    (HM VYAS)

                          MEMBER                                                                                     MEMBER