Delhi

New Delhi

CC/1299/2008

Christian Champagnol & Anr - Complainant(s)

Versus

M/S. Indian Airlines & Anr. - Opp.Party(s)

28 Jan 2019

ORDER

 

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

                                 (DISTT. NEW DELHI),

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

                                                             NEW DELHI-110001

 

Case No.C.C./1299/2008                                                        Dated:

In the matter of:

1. Christian Champagnol,

Son of Mr. Hean Champagnol,

Resident of Address:

Pont picot, 63350, Marginal, France.

 

2. Nicole Champagnol,

Wife of Mr. Christian Champagnol,

Resident of Address:

Pont picot, 63350,Maringue, France.

 

3. Andree De Turckheim,

Wife of Mr. M. de Turckheim,

Resident of Address:

16 Rue, de la Papeterie 63450,

St. Amant Tallende, France.

 

4.  Fabienne Vacquier,

Daughter of  Marie Fabienne,

Resident of Address:

64, Rue Joseph,De Maistre, 75018, Paris, France.

 

5. Marie Thersee Jouis,

Daughter of Maire Jouis,

Resident of Address:

20, Avenue de la, Liberation RIOM, France.

6. Roger Lagoutte,

Son of Joseph Lagoutte,

Resident of Address:

20, Avenue de la, Liberation RIOM, France.

7. Bernadette Morange,

Daughter of Antoine Morange,

Resident of Address:

53 Rue du clos, Notre dame, 63000, Clermont Ferrand, France

 

8. Louis Vidal,

Son of Henri Vidal,

Resident of Address:

28 Route de Cournon,63370, Lempdes, France.

 

THROUGH ATTORNEY AND AUTHORISED REPRESENTATIVE

SHRI. RAJESH GOSWAMI (COMPLAINT NO.9)

 

9. Shri Rajesh Goswami,

Son of Shri Hira Lal,

Resident of Address:

A-205, Sadhbhavana Apartments,

Plot No.8, Sector-22,Dwarka, New Delhi 110075

 

 

                                                                                                                                                                                                                                   …Complainant

                                                            Versus

 

1. Indian Airlines,

Through its Chairman-cum Managing Director

Having its Registered Office at:

113, Gurudwara Rakabganj Road,

New Delhi 110 001.

 

 

2. Global Passages Pvt. Ltd.,

Through its Principal Officer/ Director/ Manager,

Having its Registered Office at:

511, Antriksh Bhawan,22, Kasturba Gandhi Marg, New Delhi- 110001

 

                                                                                                  …..Respondents

     H.M. VYAS - MEMBER

 

                                                            ORDER

 

The gist of the complaint is that nine complainants have filed the present complaint through their attorney and authorised representatives against the OPs alleging that the complainants purchased nine air tickets from authorized agent of OP-1 who has been impleded as OP-2 for a visit from Kolkata to Dibrugarh on 21^st Sept,2007. For the said visit the complainants booked boarding, lodging and transportation etc for the said date in Dibrugarh and paid advance of Rs.25,000/- to the travel agent. On reaching Kolkata airport on 21^st Sept,2007 the complainants learnt that the flight has been rescheduled forte night back to 22^st Sept,2007 in place of 21^st Sept,2007 .

It is alleged that the OP-1 &2 miserably failed to intimate to the complainants and that the rescheduling was done without prior notice/intimation of the complainant which  caused mental, physical and financial loss to the complainant as the complainant had already made all arrangements in Dibrugarh for 21-09-2007 through their travel agent. So due to negligence and deficiency in service on part of OPs such loss and damage was caused to complainants. The OPs were under obligation to provide seats in the flight IC no. 7201 on 21^st Sept,2007 but they deprived the complainants from reaching there as per their journey schedule. On this account, the complainants had to incur additional expenses of RS.15,000/- towards hotel accommodation food and transport at Kolkata in addition to Rs.25,000/- already paid to the travel agent . It is also stated that Complainant no. 1 to 8 are French citizens and the complainant no.9 a resident of India is their authorized representatives AR. Due to illegal, arbitrary acts, misdeeds, mismanagement, unfair trade practice, deficient and negligent services on the part of OP’s the complainants had  sufferred mental, physical and financial hardships.

The complaints served illegal notice dated 25.10.2007 through Registered AD demanding  a sum of Rs.9,00,000/- (Rs. 1,00,000/- each)as compensation and also Rs.15,000/- towards expenses incurred towards arrangement at Kolkata besides Rs.25,000/- paid to travel agent in advance for stay at Dibrugarh. Prayer for payment of Rs.1 lakh each of the complainant for mental, physical and mental agony and deficient services; Rs.25,000/- paid to travel agent for arrangements at Dibrugarh; Rs.50,000/- for stay at Kolkata and litigation cost of Rs.33,000/- by the OPs is made. The OPs were noticed.

            OP-1 filed written statement/version denying all allegations. It is stated that as per the conditions of contract governing “Non-International Carriage of passengers and baggage” Regulations excerpts of which are printed on complainants tickets “The answering respondent reserves the right without assigning any reason to cancel, reschedule, over fly, or delay the commencement of the flight or alter the stopping place(s) or deviate from the route of the journey or to change the type of aircraft in use without thereby incurring any liability in damages or otherwise to the passenger(s) or any other person(s) or any ground whatsoever”. Vide amendments no. 9 Ref. DP/SS/207 dated 29 Aug,2007 which was duly notified the change in their flight time schedule effective from 1.09,2007.

 The flight alliance Air B737 operating on CCU/DIB/CCU sector Kolkata/ Dibrugarh/ Kolkata sector and which  is the same flight was booked by the complainants was rescheduled. It is stated that the complainants could not be reached at the Delhi local number given by them and thus despite best efforts the complainant could not be informed of the rescheduling of flight as a consequence of notified amendment. No local number of Kolkata or their mobile number was ever provided by the complainants to the OP-1. In these circumstances, the OP-1 sent message to OP no.2. The complainants also did not check the flight status and therefore, the OP-1 cannot be held responsible or liable for the fault of the complainants.  It is further stated that the Consumer Protection Act,1986 does not intend to enrich the consumers  unjustly. Further, the complainants have not filed any document showing the amount of additional expenses incurred for stay in Dibrugarh and thus there is  apparent presumption of adjustment of Rs.25,000/- against stay on 22^nd and 23^rd Sept,2007. All allegations have been denied to be false fabricated and misleading. The complainant filed rejoinder affirming the text of the complaint and denied the version of the OP not confirming to the complaint. The OP-2 did not file written statement/version and was proceeded ex -parte on 02.12.2008.

Both the parties filed their respective evidence by way of affidavit and written arguments. Both the parties addressed oral arguments.

            The counsel for the complainant has argued that palpable deficiency in service is reflected on the part of both the OPs for not giving prior information of rescheduling of the flight. The OP-1 in reply to para-2 on merits has admitted that the complainants purchased tickets from OP-2 of the OP-1. On the other side the OP-1 argued that it attempted to convey the intimation of rescheduling of flight to the complainant but could not reach however, the OP-2 from whom the complainants purchased tickets was given the message in this regard. Denying any liability or on its part, it is alleged that the complainant also did not bother to inquire about the status of their flight either from the answering respondent or the agent.

            We have given due consideration to material place before us and the arguments of the parties with relevant provisions of law.

            The undisputed facts are that the complainant purchased air tickets from OP-2 for the flight of OP-1. The OP-1 has not denied that OP-2 was authorised to book tickets for OP-1. In its written statement the flight was rescheduled and admittedly no intimation to the complainant was given. The OP-1 however, contended to have sent message to OP-2 ultimately the position emerges that no intimation to the complainant ever reached regarding amendment/rescheduling of the flight from either of the OPs.

            In view of above discussions, we are of the considered view that there is deficiency in service on the part of OPs for not informing the amendment causing rescheduling of the flights. Further, there was enough time of more than 15 days available with the OPs during which the complainant could have been informed . The bald arguments of OP-1 without substantiating with supporting documentary evidence  of having attempted to inform the complainants is rejected. In similar case the Hon’ble National Commission in the case of Express Travels vs M.R. Shah and others reported as 2002 capitals CTJ 872(CP) (NCDRC) upheld the orders of State Commission awarding compensation, cost. Our own Delhi State Commission, regarding the liability of the agent, held that whenever any airlines arranges sale of tickets through their agent, it is vicariously as well as directly liable to the acts of omission and commission of  their agents.

            In view of above discussion holding the OPs jointly and severally deficient in service, we award a sum of Rs.50,000/- in lump sum as compensation  for mental and physical agony etc and Rs. 10,000/- for litigation cost. including the litigation cost. The order shall be complied within 30 days from the date of receipt of the order by the OP failing which interest @10% pa shall be payable from the date of this order till realization.

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

Announced in open Forum  28/01/2019

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

File be consigned to record room.

 

            (ARUN KUMAR ARYA)

                    PRESIDENT

 

             (NIPUR CHANDNA)                                              (H M VYAS)

                             MEMBER                                                                 MEMBER