Delhi

New Delhi

CC/89/2013

Dev Ji Patel - Complainant(s)

Versus

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

05 Dec 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. 89/2013                                                                                       Dated:

In the matter of:

Sh. Dev Ji Patel

Member of Parliament

100, North Avenue,

New Delhi-110001

 

Through

 

Authorize Representative

Mr. Praveen Kumar

S/o Sh. A.B. Rai

R/o 100, North Avenue,

New Delhi-110001

  ....COMPLAINANT

 

VERSUS

1. Air India Ltd.

          Air India Building,

          Ist Floor, Nariman Point,

1.  

 

2. Air India Ltd.

           3, Safdarjung Airport

           Aurobindo Marg,

         New Delhi-110003

 

3. Air India Ltd.

         124, Jeevan Bharti Building,

         2^nd Floor Connaught Place,

          Delhi-110001

                                                                                                                                …....OPPOSITE PARTY

ARUN KUMAR ARYA, PRESIDENT

ORDER

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 had to attend some important Election meeting at Ahmadabad on 28/11/2012 and hence the complainant booked an air ticket from the OP at Parliament Ticket Counter on 27/11/2012. Its departure time was 18:40 and had expended Rs. 24,804/- as fare from Delhi to Ahmadabad. The complainant entered in the Airport at 17:40 on 27/11/2012, where he knew that his ticket got cancelled by the officials of the OP and had given to some Sh. Bose at around 17:27 hrs. This is the rule that passenger must check in one hour prior to the departure time in the international airport and hence the OP should not have cancelled complainant’s ticket prior to one hour from the departure time of the flight i.e. 18:40 hrs. Acknowledgment in this regard was also issued and received by one of the employee of the OP for departmental enquiries.

It is further alleged that the due to such irresponsible and negligent conduct of the OP, the complainant not only lost his fare expended in the fair of the flight but also lose his reputation, hence this compliant.

OP was noticed and OP filed written statement. It is alleged that the complainant shall be entitled to any compensation only when the OP has acted negligently in discharge of its obligation. In the present case, the negligence is not attributable to the OP as the OP ahs performed all its obligations and there has been no deficiency in service to the complainant.

It is further stated that the complainant was booked by AI010 from Delhi to Ahmadabad on 27/11/2012 and the flight was scheduled to depart from Delhi at 18:4 hrs. however, complainant failed to report at the check-in counter at the stipulated time i.e. 17:40 hrs (One hour before the scheduled departure), which constitutes a “No-show”, meaning when the passenger failed to turn up to board the flight.

OP is also relied on rule 3.2.3 of the Civil Aviation regulations i.e. produced      below:-

“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 passenger i.e. passengers who do not report for travel despite firm bookings before the time limit stipulated by the airline. Under the provisions of the 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. Prayer to dismiss the complaint has also 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.

This matter was settled between the parties before the predecessor bench of this Forum on 18/03/2014 for a sum of Rs. 50,000/- and the cheque was also brought, even on 02/07/2014 and the file was consigned to record room. But later on Sh. Anil Kumar Sahu, counsel for complainant had refused to accept the cheque and the same was retuned back to OP in open court on the same day.

It is prayed by the complainant that the OP be directed to returned Rs. 24,804/- alongwith interest of 18% and complainant has also prayed for the compensation of Rs. 5,00,000/- for his mental pain, agony and suffering due to loss of his reputation.

It is observed that the mental pain, agony and suffering due to loss of his reputation has to be commensurate with the amount claimed, accordingly, the settlement amount of Rs. 50,000/- is totally justified even on merit of the case, inclusive of the mental agony and harassment to the complainant. Hence, we direct as under:-

1. Pay to the complainant a sum of Rs. 50,000/- as compensation towards mental pain, agony and suffering due to loss of his reputation.         
2. Pay to the complainant a sum of Rs. 10,000/-  as the cost of litigation.

 

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 05/12/2019.

 

 

 (ARUN KUMAR ARYA)

PRESIDENT

                (NIPUR CHANDNA)                                                                           (H M VYAS)

                      MEMBER                                                                                        MEMBER