Tamil Nadu

South Chennai

423/2007

Saravana - Complainant(s)

Versus

M/S.King Fisher Airlines Ltd., - Opp.Party(s)

S.L.Sudarshan

06 Dec 2017

ORDER

                                                                        Date of Filing :   10.10.2007

                                                                        Date of Order :   06.12.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. 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.423/2007

WEDNESDAY THIS 6^TH  DAY OF DECEMBER 2017

Mr. Saravanan,

At No.66, 1^st Cross VGN Nagar,

Phase I, Nolambur,

Via Maduravoyal Post,

Chennai 600 095.                                      Complainant

 

                                           Vs

 

1. M/s. Kingfisher Airlines Ltd.,

Rep. by its Director,

No.47, Whites Road,

Desabandhu Plaza,

Chennai 600 014.

 

2. M/s. Kingfisher Airlines Ltd.,

No.35, Cunningham Road,

Opp. Canara Bank,

Bangalore 560 052.                            Opposite parties

 

Counsel for Complainants            :   M/s.  S.L.Sundarsanam & others          

Counsel for opposite parties         :   M/s. A. Palaniappan.    

ORDER

THIRU. M. MONY, PRESIDENT

 

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.5,00,000/- as compensation for deficiency in service and to pay a sum of Rs.17,500/- with interestand to pay cost of the complaint.

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

         The complainant submits that  he booked flight ticket from Chennai to Kullu via Delhi and Kullu to Chennai through Air Deccan which is amended into Kingfisher Airlines during the first week of December 2006.  Further the complainant state that when browsing the position of ticket to his utter shock and dismay the details of flight and journey has not been seen in the computer but it is shown in grievance page.   Hence the complainant contacted customer care wherein also he is not able to get proper details regarding the tickets.  Further the complainant state that on the very next day he visited the office of the opposite parties and got new tickets the staff member of the opposite party kept the old tickets without any answer.   On April 24^th the flight to Delhi took off at   8.40 a.m  15 minutes late to schedule time.  On 25^th April the flight to Kullu took off at 9.00 a.m 30 minutes late to the schedule time.  On 28^th April at 11.21 p.m the complainant received a call from Kingfisher Airlines Ltd., Bangalore Customer Care that 3^rd May had been cancelled the tickets and the amounts were credited to the complainant travel agents account.    Hence the complainant was constrained to take new ticket on payment of Rs.14,500/- and the complainant has expended a sum of Rs.3,000/- for making phone calls and other incidental charges.    As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in the Written Version filed by the opposite parties are  as follows:

      The opposite parties deny each and every allegations except those that are specifically admitted herein.  The opposite parties submit that there are certain eventualities where delay or cancellation of the flights become unavoidable for security, bad weather and technical fault in the aircrafts.     The opposite parties submit that  the complainant had got bookings for Chennai to Delhi and Delhi to Kullu and return Kullu to Delhi and Delhi to Chennai.   Due to change of schedule all the passengers of the said flight were shifted to flight No.DN621 and the same was intimated to all the passengers including the complainant on 22.3.2007.  Later on due to some operational reasons the flight No.DN621 was again changed to DN 640 on 28.4.2007 and an intimation of the same was given to all the passengers.  It is pertinent to mention that the timings of both DN621 and DN 640 were almost same and the passengers were not affected by the said change.  As such the complainant had their final bookings in DN 640 for 3^rd May 2007 which was scheduled to depart from Delhi at 7.55 pm.  However the complainant got their tickets cancelled on 28^th April 2007 itself at 5.52 pm. Without waiting till the date of their journey and the amount of Rs.5918.70 was refunded.       Hence there is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A9 marked.  Proof affidavit of opposite parties filed and Ex.B1 to Ex.B6 marked on the side of the  opposite parties.

4.   The points for the consideration is: 

1. Whether the complainant is entitled to a sum of Rs.5,00,000/- as compensation for deficiency in service of the opposite parties as prayed for ?

2. Whether the complainant is entitled to a sum of Rs.17,500/- being the cost  incurred by the complainant  with interest as prayed for with cost. ?  

5.  POINTS 1 & 2 :

         Both parties has not filed any written arguments.  The complainant has not turned up to advance any oral argument also.  The opposite parties arguments heard.   Perused the records namely complaint, written version, proof affidavit and documents. The complainant pleaded in the complaint and stated in the proof affidavit that he booked flight ticket from Chennai to Kullu via Delhi and Kullu to Chennai through Air Deccan which is amended into Kingfisher Airlines during the first week of December 2006 is admitted.  Further the complainant pleaded that when browsing the position of ticket to his utter shock and dismays the details of flight and journey has not been seen in the computer but it is shown in grievance page.   Hence the complainant contacted customer care wherein also he is not able to get proper details regarding the tickets.  But the complainant has not filed any document to prove the above said fact.   Further the complainant pleaded that on the very next day he visited the office of the opposite parties and got new tickets the staff member of the opposite party kept the old tickets without any answer.    When the complainant asked what was happened to the flight, for which there was  no answer also.  Further the contention of the complainant is that the flight timing also delayed without any reason.   On April 24^th the flight to Delhi took off at   8.40 a.m  15 minutes late to schedule time.  On 25^th April the flight to Kullu took off at 9.00 a.m 30 minutes late to the schedule time.  On 28^th April at 11.21 p.m the complainant received a call from Kingfisher Airlines Ltd., Bangalore Customer Care that the flight on 3^rd May had been cancelled, the tickets and the amounts were credited into the complainant’s travel agent’s account.    Hence the complainant was constrained to take new ticket on payment of Rs.14,500/- and the complainant has expended a sum of Rs.3,000/- for making phone calls and other incidental charges.  But the  complainant produced Ex.A1 for a sum of Rs.14,161.20.  

6.  

        In the result, the complaint is dismissed.No cost.  

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 6^th day  of  December  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainants’ side documents:

Ex.A1  13.4.2007  - Copy of flight ticket print out.

Ex.A2  13.4.2007  - Copy of flight schedule chart.

Ex.A3  24.4.2007  - Copy of Boarding pass

Ex.A4  25.4.2007  - Copy of Boarding Pass.

Ex.A5  3.5.2007    - Copy of Boarding Pass.

Ex.A6  3.5.2007    - Copy of boarding pass.

Ex.A7  12.12.2006         - Copy of Newspaper article

Ex.A8  25.6.2007  - Copy of legal notice.

Ex.A9  30.6.2007  - Copy of Ack. Card.

Opposite parties side document: -   

Ex.B1- 24.4.2007  - Copy of the ARMS report

 

Ex.B2  25.4.2007  - Copy of the ARMS report

Ex.B3  3.5.2007    - Copy of ARMS report.

Ex.B4  3.5.2007    - Copy of ARMS report.

Ex.B5                 - Copy of reservation History of ticket.

Ex.B6                 - Copy of the Terms and conditions.

    

 

MEMBER-I                        MEMBER-II                             PRESIDENT.