Tamil Nadu

South Chennai

CC/115/2016

M/s.Gift Anderson Chellakumar - Complainant(s)

Versus

M/s.British Airways - Opp.Party(s)

M/s.Rajeni Ramadass

17 Jul 2019

ORDER

                                                                        Date of Filing  : 31.03.2016

                                                                          Date of Order : 17.07.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.115/2016

DATED THIS WEDNESDAY THE 17^TH DAY OF JULY 2019

                                 

Mr. Gift Anderson Chellakumar,

S/o. Dr. C.B. Paul Chellakumar,

New No.53, Z Block, Old No.Z-61,

10^th Street, Anna Nagar,

Chennai – 600 040.                                                        .. Complainant.                                                     

 

                                                                                                 ..Versus..

 

M/s. British Airways,

Represented by its Authorised Signatory,

No.10/11, Chennai City Centre,

Dr. Radhakrishnan Salai,

Mylapore,

Chennai – 600 004.                                                 ..  Opposite party.

 

Counsel for the complainant      : M/s. Rajeni Ramadass &

                                                      others

Counsel for the opposite party  : M/s. Rupa J. Tharayil

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.5,00,000/- towards compensation for mental agony, hardship, inconvenience etc with cost of Rs.5,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he booked a flight ticket for the travel on 01.03.2015 in order to attend the International Familiarization week to be held at Glasgow from 02.03.2015 to 06.03.2015.   The complainant also proceeded to the Chennai International Airport and his luggages were checked in and his boarding pass was also issued to him.  While waiting for boarding the flight, the opposite party informed that the flight has been cancelled due to some technical snag.  The complainant submits that due to the cancellation of flight, he was not able to attend the conference on 02.03.2015.   Thereby a huge loss of visiting various places in and around Glasgow and the stay of 7 days at Glasgow.   The complainant submits that the opposite party without his consent arranged Qatar Airways for the travel on 03.03.2015 which deserves no importance and no use. Hence, the complainant cancelled the trip with pain and sufferings.  The cancellation of trip is only because of the cancellation of the flight by the opposite party caused huge loss to the complainant.   The complainant submits that the opposite party reimbursed the cost of the ticket and offered to pay 600 Euro amounting to Rs.68,900/-.  But the complainant refused to accept the said compensation because, a golden opportunity of visiting Glasgow and sight seeing, meeting with the Vice chancellors, interaction with various other persons, having different knowledge and wisdom.  The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.    Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The opposite party states that the complainant booked a ticket through travel agent after making payment for the travel from Chennai to Glasgow via London on 01.03.2015 and return journey on 07.03.2015.  The complainant also arrived the Airport and was issued boarding pass etc.   The opposite party states that the flight BA 36 from Chennai to London was cancelled due to technical snag and unless the defects were rectified, the flight could not take off.  Hence, the opposite party arranged alternative en-route travel that is from Chennai to Glasgow via Bahrain through Gulf Air flight on the same day in the evening.  But the complainant refused to accept the travel.  Thereafter on 03.03.2015 once again, the opposite party offered and made necessary arrangements for the travel of the complainant through Qatar Airways via Doha and that offer also was refused by the complainant.  Hence, the opposite party has refunded the entire ticket amount and offered compensation of 600 EURO amounts to Rs.68,900/-.  The complainant without accepting the compensation against the rules and regulations of the opposite party filed this case.   The compensation of Euro 600 is awarded only for maintaining the relationship as a customer.  There is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A9 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B3 are marked on the side of the opposite party.

4.      The points for consideration is:-

Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony, hardship, inconvenience, deficiency in service etc. being cancellation of flight with cost as prayed for?

5.      On point:-

Both parties field their respective written arguments. Heard their Counsels also.   Perused the records namely; the complaint, written version, proof affidavit and documents.  The complainant pleaded and contended that he booked a flight ticket for the travel on 01.03.2015 in order to attend the International Familiarization week to be held at Glasgow from 02.03.2015 to 06.03.2015.  Ex.A4 is the copy of e-tickets.  The complainant also proceeded to the Chennai International Airport and his luggages were checked in and his boarding pass was also issued to him as per Ex.A5.  While waiting for boarding the flight, the opposite party informed that the flight has been cancelled due to some technical snag.  Ex.B2 is the copy of letter of the Director General of Civil Aviation, Office of the Director General of Civil Aviation, New Delhi dated:06.08.2010 which is showing the technical snag.

6.     Further the contention of the complainant is that due to the cancellation of flight, he was not able to attend the conference on 02.03.2015.   Thereby a huge loss of visiting various places in and around Glasgow and the stay of 7 days at Glasgow.  Further the contention of the complainant is that the opposite party without his consent arranged Qatar Airways for the travel on 03.03.2015 which deserves no importance and no use. Hence, the complainant cancelled the trip with pain and sufferings.  The cancellation of trip is only because of the cancellation of the flight by the opposite party caused huge loss.  The complainant is claiming a sum of Rs.5,00,000/- towards compensation for mental agony and hardship. Further the contention of the complainant is that the opposite party reimbursed the cost of the ticket and offered to pay 600 Euro amounting to Rs.68,900/- towards compensation.  But the complainant refused to accept the said compensation because, a golden opportunity of visiting Glasgow and sight seeing, meeting with the Vice chancellors, interaction with various other persons, having different knowledge and wisdom.  The cancellation of flight by the opposite party is due to the deficiency in service. 

7.     The learned Counsel for the opposite party would contend that admittedly, the complainant booked a ticket through travel agent after making payment as per Ex.B2 for the travel from Chennai to Glasgow via London on 01.03.2015 and return journey on 07.03.2015.  The complainant also arrived the Airport and was issued boarding pass etc as per Ex.A5.   Further the contention of the opposite party is that the flight BA 36 from Chennai to London was cancelled due to technical snag as per Ex.B1 and unless the defects were rectified, the flight could not take off.  Hence, the opposite party arrange alternative en-route travel that is from Chennai to Glasgow via Bahrain through Gulf Air flight on the same day in the evening.  But the complainant refused to accept the travel.  Thereafter on 03.03.2015 once again, the opposite party offered and made necessary arrangements for the travel of the complainant through Qatar Airways via Doha and that offer also was refused by the complainant.  Hence, the opposite party has refunded the entire ticket amount and offered compensation of 600 EURO amounts to Rs.68,900/-. The complainant without accepting the compensation against the rules and regulations of the opposite party filed this case.  

8.     As per the DGCA Regulation Section 3 & Regulation EU/261 of 2004 dated:06.08.2010, Ex.B2 which reads as follows:

INTRODUCTION:

1.4. The operating airline would not have the obligation to pay compensation in cases where the cancellations and delays have been caused by an event(s) of force majeure i.e. extraordinary circumstance(s) beyond the control of the airline, the impact of which lead to the cancellation/delay of flight(s), and which could not have been avoided even if all reasonable measures had been taken by the airline.  Such extraordinary circumstances may in particular, occur due to political instability, natural disaster, civil war, insurrection or riot, flood, explosion, government regulation or order affecting the aircraft, strikes and labour disputes causing cessation, slowdown or interruption of work or any other factors that are beyond the control of the airline.

1.5. Additionally, airlines would also not be liable to pay any compensation in respect of cancellations and delays clearly attributable to Air Traffic Control (ATC), meteorological conditions, security risks, or any other causes that are beyond the control of the airline but which affect their ability to operate flights on schedule.  Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft or several aircraft on a particular day, gives rise to a long delay or delays, an overnight delay, or the cancellation of one or more flights by that aircraft, and which could not be avoided even though the airline concerned had taken all reasonable measures to avoid or overcome of the impact of the relevant factor and, therefore, the delays or cancellations.

REQUIREMENTS

Cancellation of Flight

3.3.3 No financial compensation shall be payable to passengers who have not provided adequate contact  information at the time of making booking or when the ticket for firm travel on the selected flight is issued.  In respect of such passengers the airlines will either refund the ticket prices or make reasonable endeavour to make alternate travel arrangements as per the choice of the passengers.  Additionally, in respect of such passengers who elect to travel to their destination on an alternate flight, the airline shall provide them with reasonable facilities during the period that they are required to wait at the airport for the alternate flights  in accordance with para 3.6.1 (a).

3.3.4.  No such compensation shall be payable to any of the affected passengers in the event:

i) They do not accept the alternate travel arrangements made by the airline; or

ii) The cancellations occur due to extraordinary circumstances beyond the control of the airline (as described in para 1.4 and Para 1.5) even if all reasonable measures had been taken by the airline.

3.3.5   The refund of air ticket shall be made in accordance with CAR Section 3, Series M, Part II”

The compensation of Euro 600 is awarded only for maintaining the relationship as a customer.   There is no deficiency in service on the part of the opposite party.  The opposite party also has not taken steps to send the compensation amount to the complainant. Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall pay a sum of Rs.68,900/- being the cost of Air ticket equalent to Euro 600 as admitted with a compensation of Rs.15,000/- for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to pay a sum of Rs.68,900/- (Rupees Sixty eight thousand and nine hundred only) equalent to Euro 600 as admitted and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only)towards compensation for mental agony with cost of Rs.10,000/-  (Rupees Ten thousand only) to the complainant.  

The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 17^th day of July 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of invitation to YWS Agent familiarization week along with the program schedule
Ex.A2	14.02.2015	Copy of invoice for Air tickets
Ex.A3	26.02.2015	Copy of email of the University of West of Scotland to the complainant
Ex.A4		Copy of e-tickets
Ex.A5	01.03.2015	Copy of boarding pass
Ex.A6	21.03.2015	Copy of email sent by the opposite party to complainant
Ex.A7	15.05.2015	Copy of legal notice
Ex.A8	12.06.2015	Copy of email sent by the opposite party to complainant
Ex.A9	18.06.2015	Copy of email communications of the complainant and opposite party

 

OPPOSITE PARTIES 1 & 2’ SIDE DOCUMENTS:-  

Ex.B1	28.02.2015	Copy of flight delay report of Flight No.BA 36/MAA-LHR
Ex.B2	06.08.2010	Copy of DGCA Regulation Section 3 & Regulation EU/261 of 2004
Ex.B3		Copy of British Airways – General Conditions of Carriage

 

 

                              

MEMBER                                                                                PRESIDENT