DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.570/2008
Mrs. Neena Koshal
R/o 73, Nine Mile Ride,
Finchamsted, Wokingham,
Beneshire, England
Through her authorized representative in India
Mr. Gautam Puri,
R/o R-90, GK-1, New Delhi ….. Complainant
Vs
- National Aviation Company of India Ltd.
Airlines House, 113, Gurudwara Rakabganj Rd.
New Delhi- 110 001
(Through its Director)
- The Executive Director
Indian Airlines Office
Safdurjung Airport
New Delhi
- The Manager(CS)
National Aviation Company of India Ltd.
Safdarjung Airport
New Delhi ……Opposite Parties
Date of Institution : 02.09.08 Date of Order : 28.01.17
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Complainant, a resident of England has filed the present complaint through his AR Shri Gautam Puri.
Complainant’s case, in short, that she had booked 4 tickets of Indian Airlines for self and family members through C.S. Travels Pvt. Ltd., A112/56, Eros Apartments, Nehru Place, New Delhi (IATA 14347546) for journey from Delhi to Goa by flight No.IC 0865 on 27.12.07 and from Goa to Mumbai by flight No.0866 on 02.01.08. Tickets were booked and issued by the OP No.3 after full payment in advance on 01.05.08 (sic) i.e. 8 months in advance. On reaching to the Goa airport for check in, the Indian Airlines staff on duty informed her that their booking had been changed from IC-0866 to IC-105 (Goa-Mumbai) via Bangalore without assigning any reason whatsoever. She had booked the seats on IC 0866 keeping in view her onward journey for London from Mumbai which was scheduled at 1:40 p.m. since the departure of the flight IC No. 0866 was scheduled at 0700 hrs. from Goa and arrival at Mumbai at 0800 hrs. thereby keeping a margin of approximately 6 hours between the flights. She objected for the change of flight and appraised the Airlines official on duty that she alongwith her family had to board British Airways from Mumbai on the same day at 1.40 p.m. and if the flight was changed she will miss the British Airways flight but the Airlines officials did not pay any heed to her request; having no other option she was forced to travel by IC 105( Goa-Mumbai by Bangalore) inspite of the fact that she had purchased the tickets 8 months in advance. The IC 105 was delayed and reached at Mumbai late by 1:15 hrs. from its scheduled arrival as a result of which she alongwith her family missed the onward journey flight of British Airways for London. The tickets were cancelled as “no show” without any refund from the British Airways. She was forced to purchase fresh tickets for the journey from Mumbai to London at the last moment at higher rates and thus was compelled to incur an additional cost of Rs.139576/-. Apart from incurring the additional cost of the tickets, she was compelled to stay in Mumbai for one additional day and incurred incidental charges amounting to Rs.5978/-. It is submitted that she alongwith her family was forced to stay in Mumbai particularly when her mother was seriously ill and admitted in the hospital at Birmingham. She lodged a complaint with the Assistant Manager (Commercial) NACL at Mumbai but no reply was received from them. Thereafter she made another request for reimbursement of the losses on 02.06.08 through her authorized representative. Inspite of the fact that the OP No.3 admitted their fault vide letter No. HCD/10/R/02-08/111/399 dated 16.06.08 no payment was made to her. She sent a legal notice on 05.07.08 but no reply was received. It is clearly evident that there was total deficiency in service on the part of OPs. The Complainant has prayed as under:-
- direct the OPs to pay to the Complainant an amount of Rs.1,39,576/- as compensation on account of purchase of fresh tickets alongwith interest @ 18% p.a. from the date of booking of tickets (i.e. 01 May 2007) till the date of final payment,
- direct the OPs to pay to the Complainant an amount of Rs.5978/- as compensation for incurring incidental charges for extra stay in Mumbai alongwith interest @ 18% p.a. from the date of expenditure (02 January 2008) till the date of final payment,
- to award a compensation of Rs. 5,00,000/- for causing financial hardships, mental pain, agony and harassment to the Complainant,
- to award cost amounting to Rs. 50,000/-
OPs in their Written Statement have inter-alia stated that the complainant herself admitted in various correspondence that the OPs representative tried their best to help her at all times. She had filed written complaint on 2-01-2008 alleging inconvenience suffered by her due to the late arrival of the flight IC 105, due to which she was unable to catch her connecting British Airways flight from Mumbai to London. It is stated that flight No. IC105 from Goa to Mumbai via Bangalore with an expected arrival time of 11.00 A.M. got delayed due to disturbed flight schedule which was beyond the control of OPs and landed at 12.30 P.M. and due to this delay the complainant was not allowed to board her flight from Mumbai to London as the schedule for departure of British Airways Flight was at 1.40 P.M. on the same day. It is stated that even the staff of OPs tried their level best to convince the British Airways to let the complainant got the flight from Mumbai to London, however, the staff of British Airways refuse to accede to the request made by the representatives of the OPs. Therefore, OPs tried to help the Complainant. Hence, there is no deficiency in service on their part. It is submitted that the Complainant has raised complicated questions of law and facts which require parties to lead evidence and the dispute is of a civil nature. The Complainant has filed documents purportedly on behalf of British Airways and the same can only be authenticated by the British Airways who has not been made a party to the present complaint. OPs have prayed for dismissal of the complaint.
Complainant has filed a rejoinder. It is inter-alia stated as under:-
“…it is submitted that rendering the assistance later after causing all the possible damages does not absolve the respondents from their responsibility towards the customer. Further it may kindly be noted that the respondents themselves admitted that the flight No 0866 was overbooked, but this was not communicated to the complainant either at the time of booking of tickets or any time later that the flight was over booked, neither the respondent made any communication with the complainant nor there was any such condition at the time of booking of the tickets that the seats will be allotted on first come first served basis.”
Complainant’s AR has filed his affidavit in evidence. On the other hand, affidavit of Sh. J. K. Sood, Manager Administration (Legal) has been filed in evidence on behalf of the OPs.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the OP and have also gone through the file very carefully.
It is not in dispute that the Complainant had booked the four tickets for journey from Delhi to Goa by flight No.IC0865 on 27.12.07 and from Goa to Mumbai by flight No.0866 on 02.01.08 from OP No.3 (Copy Ex.C-2). The Ex. C-3 relates to the tickets from Heathrow (London) to Delhi. The OPs changed Complainant’s tickets from IC -0866 to IC-105 from Goa to Mumbai via Bangalore. The flight IC-105 was delayed and reached Mumbai late by 1:15 minutes from its scheduled arrival time as a result of which the Complainant and her family members missed their connecting flight of British Airways from Mumbai to London. The Complainant purchased new tickets from Mumbai to London by British Airways and paid Rs.139576.00 (Copy Ex.-4). The Complainant filed an expenditure slip of hotel Orchid dated 02.01.08 of Rs.3875/- (Copy Ex. C-5). The OP vide letter dated 16.06.08 (Ex. C-9) inter-alia stated that “ we regret the fact that she misconnected onto her British Airways flight and they did not accommodate her onto any other flight, since she was holding a non endorsable, non re-routable ticket.”
In view of the above, it is evident from the record and discussion that the OPs had changed the tickets from Goa to Mumbai for flight No.IC 0866 to IC-105 from Goa to Mumbai on 2-1-08. The Complainant alognwith her family had to undertake further pre-planned and pre- booked onward journey from Mumbai to London by British Airways on the same day at 1:40 p.m. Due to change of the flight the Complainant could not catch the flight and the tickets were cancelled without any refund. The Complainant purchased new tickets (copy Annexure C-4) from Mumbai to London on 03.01.08 for an amount of Rs.139576/- and also she stayed in a hotel (copy Ex. C-5) and incurred expenditure to the tune of Rs.3867/-. The Complainant had booked these tickets 8 months in advance but due to change of flight by the OPs she had suffered financial loss as well as mental tension and agony. The OPs themselves regretted vide letter dated 16.06.08 (Ex. C-9). Matter in dispute does not involve complicated issues. Hence, the present complaint is maintainable. Hence, there is a deficiency in service on the part of OP.
We allow the complaint and direct the OPs to pay Rs.139576/- plus Rs.3875/- towards purchasing of new tickets from Mumbai to London and the hotel charges alognwith 6% interest from the date of filing of the complaint till realization and Rs.50,000/- for mental torture and harassment undergone by the Complainant including cost of the litigation to the complainant within a period of 30 days from the date of receipt of copy of this order failing which OPs shall become liable to pay Rs.139576/- plus Rs.3875/- with interest @ 9% p.a. from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 28.01.17.
