Date of Filing : 20.10. 2009
Date of Order : 02.03.2016
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU. B. RAMALINGAM M.A.M.L., : PRESIDENT
TMT. K.AMALA, M.A. L.L.B., : MEMBER I
DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.961/2009
WEDNESDAY THIS 2ND DAY OF MARCH 2016
N. Narayanan,
S/o. Mr. Narasimhan,
NO.45, Chinmaya Nagar Stage-II, Extn.
Virugambakkam,
Chennai 600 092. ..Complainant
..Vs..
1. M/s. British Airways,
Rep. by its Branch Manager,
Level 6, Chennai City Centre,
No.10/11, Radhakrishnan Salai,
Mylapore,
Chennai 600 004.
2. M/s. British Airways,
Rep. by its Branch Manager,
Anna International Terminal,
Meenambakkam,
Chennai 600 027. ..Opposite parties.
For the Complainant : M/s.Razhaq Associates.
For the Opposite parties : M/s. Kochhar & co.,
Complaint under section 12 of the Consumer Protection Act 1986. Complaint is filed seeking direction against the opposite parties to pay a sum of Rs.10,00,000/- as compensation and cost of the complaint to the complainant.
ORDER
THIRU. T.PAUL RAJASEKARAN :: MEMBER-II
1.The case of the complainant is briefly as follows
The complainant submit that he booked the Air tickets through M/s. World On Wings Travels and Tours to go to Chennai to Amsterdam via Heathrow Airport, Landon on 4.10.2008 and he subsequently preponed his journey to 1.10.2008 and boarded the flight on the same day and he booked his luggage. Two baggage had not reached when the complainant got down at Amsterdam. He made the complaint on the same day to the opposite party and received his luggage only on 4.10.2008, which caused mental agony and hardship to the complainant. The complainant and his spouse on 12.10.2008 left Amsterdam to Landon Heathrow enroute to San Diego. However the flight did not take off at the scheduled time. However he could not get the baggage and only on the next day 13.10.2008 he got the baggage again it caused mental agony, he left the San Diego Airport on 15.10.2008. Since they have to go to Las Vegas to Dallas they could not get the confirmed seat in American Airlines. Thereafter the complainant returned from Dallas to Landon Heathrow and from Chennai on 19.10.2008. Because of non-delivery of the baggages at Amsterdam and delay in boarding to American Airways had caused mental agony and tension. The act of the opposite parties amounts to deficiency in service. As such the complainant sought for claim for a sum of Rs.10,00,000/- as compensation and cost of the complaint to the complainant. Hence the complaint.
Written version opposite party is as follows:
2. The opposite parties denies all the averments and allegation contained in the complaint except those that are specifically admitted herein. The opposite parties submits that the complainant booking of the ticket by the travel agent and he left Chennai by British Airways on 1.10.2008 and denied the averments claimed by the complainant, and the luggage delivered to them on 4.10.2008. On receipt of the complaint the opposite party took immediate steps to trace out the where about of the baggage and delivered the baggage intact to the complainant. Hence there was no deficiency in service. The opposite parties also submit that the complainant travelled from Amsterdam to Landon by British airway on 12.10.2008 and due to bad weather conditions the Landon Dallas flight had to be cancelled in the interest of safety of the passengers. The opposite party re-routed the complainant through Landon-Seattle on British Airways followed by the Sector Seattle-San Diego on Alaskan Airlines, being earliest available flight to reach the destination has booked by the complainant. The allegation made by the complainant could not be acceptable because of metrological and technical snag or the opposite party is not liable for any claim. As such, the bad weather conditions had resulted in making the complainant to go by reroute in Alaskan Airlines. Hence there was no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.
3. Complainant has filed his Proof affidavit and Ex.A1 to Ex.A19 were marked on the side of the complainant. Proof affidavit of Opposite parties filed and no documents was marked on the side of the opposite parties.
4. The points that arise for consideration are as follows:-
1) Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to the reliefs asked for?.
5. POINTS 1 & 2 :
Perused the complaint filed by the complainant and his proof affidavit and documents Ex.A1 to Ex.A19 were marked on the side of the complainant. Written version filed by the opposite parties and their proof affidavit filed on the side of the opposite parties and also considered the both side arguments.
6. The complainant booked the Air tickets through World on Wings Travels and Tours to go from Chennai to Amsterdam via Heathrow Airport, Landon on 4.10.2008 and subsequently preponed his journey to 1.10.2008 and boarded the flight on the same day and booked the luggage, two baggage which had not reached when the complainant got down at Amsterdam. He made the complaint on the same day to the opposite party and received his luggage only on 3.10.2008 at 8.53 hrs. which had caused the complainant to purchase essential clothing and articles which created mental agony. The complainant and his spouse on 12.10.2008 left Amsterdam to Landon Heathrow enroute to San Diego. However the flight did not take off in the scheduled time. However he could not get the baggage and only on the next day 13.10.2008 he got the baggage again it caused mental agony, he left the San Diego Airport on 15.10.2008. Since they have to go to Las Vegas they could not get the confirmed seat in American Airlines. Thereafter the complainant returned from Dallas to Landon Heathrow and then to Chennai on 19.10.2008. Because of non-delivery of the baggages at Amsterdam and delay in boarding to American Airways has caused mental agony and tension and expense, for purchasing clothing and other expenses thereby the complainant claims Rs.10,00,000/- as compensation from the opposite party.
7. The opposite parties however not disputed the booking of the ticket by the travel agent and the complainant left Chennai by British Airways on 1.10.2008 and denied the averments claimed by the complainant the luggage delivered to them on 4.10.2008 on receipt of the complaint the opposite party took immediate steps to trace out the where about of the baggage and delivered the baggage intact to the complainant on 3.10.2008 at 8.53 hours. Hence there is no deficiency in service. The opposite parties contended that the complainant travelled from Amsterdam to Landon by British airway on 12.10.2008 and due to bad weather conditions the Landon Dallas flight had to be cancelled in the interest of safety of the passengers. The opposite parties re-routed the complainant through Landon-Seattle on British Airways followed by the Sector Seattle-San Diego on Alaskan Airlines, being earliest available flight to reach the destination has booked by the complainant. The allegation made by the complainant could not be acceptable because of meteorological and technical snag or the opposite party is not liable for any claim. As such the bad weather conditions had resulted in making the complainant to go by reroute in Alaskan Airlines.
8. The opposite parties denied the allegations made by the complainant on return journey where that the reason and communications exchanged between USA Airways authority and complainant were not known to the opposite parties and it requires the strike proof of the same to establish the deficiency and the opposite parties states that the complaint made against the opposite parties is false, frivolous and vexatious and they are not liable for any damages.
9. In pursuant of proof affidavits and the documents filed by the complainant and the opposite parties we are of the considered view that the delay by the opposite parties when the complainant got down at the destination point at Amsterdam where the schedule time of the flight is 20.10 hours on 1.10.2008 but the missed baggages were delivered to the complainant only on 3.10.2008 at 8.23 hours. It is clearly proved that the delay is caused by the opposite parties which has created mental agony and the claim made by the complainant for purchasing the cloth and other expenses had not been substantiated through any evidence we could not arrive at the value of the goods purchased. On 12.10.2008 when the complainant reached at Landon Heathrow Airport the complainant was made to travel by other airlines due to meteorological conditions the concerned flight where he had booked could not be travelled but the opposite party had made alternative arrangements immediately. The technical snag or climatic condition resulting in delay the complainant cannot claim any damages. The complainant making on the allegations of the travel a made there was a dispute in the baggages marking four baggages instead of 14 baggages were not known to the opposite party because the complainant made the travel from other airways i.e. US air authorities were the loss or mistakes suffered through that airways cannot be claimed from the opposite party. Since the complainant has not marked in the complainant the US Air Authority as opposite party.
10. Considering all the above facts we are of the considered view that the opposite party had agreed there was a delay in handing over the baggages on 3.10.2008 though they have taken adequate measure in tracing out the baggages but it has created tension and agony to the complainant, we direct the opposite parties jointly and severally to pay a sum of Rs.25,000/- as damages and mental agony and also to pay a sum of Rs.5,000/- as litigation charges to the complainant and points 1 & 2 are answered in favour of the complainant.
In the result, the complaint is partly allowed. The opposite parties are jointly and severally directed to pay a sum of Rs.25,000/- (Rupees Twenty Five thousand only) as compensation and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) as litigation charges to the complainant within six weeks from the date of this order failing which the above compensation amount (Rs.25,000/-) will carry interest at the rate of 9% p.a. from the date of this order to till the date of realization.
Dictated directly by the Member-II to the Assistant, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the 2nd day of March 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s side documents :
Ex.A1- 27.9.2008 - Copy of E-ticket.
Ex.A2- 4.10.2008 - Copy of e.ticket.
Ex.A3- 1.10.2008 - Copy of preponed e.ticket.
Ex.A4- 1.10.2008 - Copy of luggage tags.
Ex.A5- 3.10.2008 - Copy of lost luggage delivery intimation in BA 59288
Ex.A6- 12.10.2008 - Copy of luggage tags BA 513286-287
Ex.A7- 12.10.2008 - Copy of rerouted E.ticket.
Ex.A8- 12.10.2008 - Copy of Boarding Pass.
Ex.A9- 12.10.2008 - Copy of boarding pass.
Ex.A10- 12.10.2008 – Copy of luggage lost complaint to Alaska Airlines
Ex.A11- 13.10.2008 – Copy of baggage delivery order of Alaska Airlines.
Ex.A12- 15.10.2008- Copy of e.ticket.
Ex.A13- 15.10.2008 – Copy of e.ticket.
Ex.A14- 17.10.2008 - Copy of boarding pass of American Airlines Seat.
Ex.A15- 17.10.2008 - Copy of Luggage Ref. No.AA 0001201000/1001/943/944.
Ex.A16- 17.10.2008 - Copy of boarding pass BA seat No.27A & 27B.
Ex.A17- 16.5.2009 - Copy of Legal notice.
Ex.A18- 18.5.2009 - Copy of Ack. Card.
Ex.A19- 15.6.2009 - Copy of reply notice.
Opposite parties’ side documents: .. Nil ..
MEMBER-I MEMBER-II PRESIDENT.
