BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 307 of 2018
Date of Institution : 13.12.2018
Date of Decision : 06.08.2019
Christopher Bawa, aged 61 years son of Shri Puran Dass, resident of House No.15/282, Barnala Road, Bhagat Singh Colony, Sirsa, District Sirsa (Haryana).
……Complainant.
Versus.
1. Riya Travels, Near Talwar Nursing Home, Hisar Road, Sirsa, through its Proprietor.
2. Air India, Air India Building, Ist Floor, Nariman Point, Mumbai- 400 021, through its authorized person.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…… PRESIDENT.
SHRI ISSAM SINGH SAGWAL….. MEMBER
SMT. SUKHDEEP KAUR……… MEMBER
Present: Sh. M.S. Sethi, Advocate for complainant.
Sh. J.D. Garg, Advocate for opposite party no.1.
Sh. Aashish Vashisht, Advocate for opposite party no.2.
ORDER
In brief, the case of complainant is that complainant is holding a valid and effective passport. The complainant had planned for visiting Sydney (Australia). The complainant after getting the Visa for visiting Sydney, approached the op no.1 for booking a ticket of Air India flight from New Delhi to Sydney and for return to New Delhi for the time schedule as 16.8.2018 for leaving India to Sydney from New Delhi and to return back to India on 20.10.2018. The op no.1 required the complainant to remit a sum of Rs.60,250/- for said tour to Sydney and then return to New Delhi. The complainant accordingly remitted the said sum of Rs.60,250/- to op no.1 through cheque and op no.1 issued a receipt no.200 dated 23.7.2018 for the same. It is further averred that thereafter, op no.1 supplied eTicket No.0982682772516 to the complainant for the said journey. It is further averred that on the scheduled date i.e. 16.8.2018, the complainant took the Air India Flight at 11.45 a.m. from New Delhi to Sydney and he reached Sydney at 7.35 p.m. During the said journey to Sydney, the complainant experienced some suffocation in the plane and he conveyed this complication to helpline of Air India. The helpline advised the complainant that when the complainant will take his return flight from Sydney, he should convey this complication to the airport staff of Air India at Airport and the staff at Sydney will give best possible help to the complainant. It is further averred that complainant took this advise of helpline as the best advice and he conveyed the above complication to the airport staff of Air India at Sydney Airport. But the airport staff gave shock to the complainant what to talk of giving help to him. They told to the complainant that now he will not be allowed to board the plane as he is not physically fit to take the flight and that first of all the complainant will have to get a physically fit certificate from a doctor and then will be allowed to board the plane. The complainant stated to the staff that he is fully fit and can take the flight, but the airport staff refused for the same. It is further averred that from airport, the place of doctor was far away and thus, the complainant could not go to the doctor and to return back to airport within a reasonable time for boarding the plane and he requested the airport staff of op no.2 that they should get him medically examined from their doctor available at the airport, but they flatly declined this request of complainant. It is further averred that under the compelling circumstances, the complainant arranged for a taxi from Airport Sydney and visited a doctor. The doctor medically examined him and declared him fully fit for undertaking the flight. The complainant then reached at Sydney Airport and furnished his medical certificate, but at that time, only 50 minutes were left for take-off the flight and thus, the airport staff disallowed the complainant to board the plane. So, on 20.10.2018, the complainant could not board the plane and he had to return back to hotel. In this manner, the complainant could not use his return ticket to New Delhi and same became useless. It is further averred that complainant had been left with no money and thus made a contact with his family in India and arranged for money and then purchased another ticket for New Delhi of Thai Air and then returned back to New Delhi on 28.10.2018. That in this manner, Air India treated the complainant with a very casual manner and put the complainant to suffer unnecessary harassment, hardship, inconvenience and agony. The complainant approached the ops and requested them to admit his claim and to refund him the price of unused ticket as well as compensation but the ops did not pay any heed to the same. Ultimately, the complainant got served a legal notice upon the ops on 13.11.2018 but to no effect. Hence, this complaint.
2. On notice, opposite parties appeared. Op no.1 filed written statement taking certain preliminary objections that complaint is bad for non joinder and mis joinder of necessary parties. The answering op is neither necessary nor proper party to the complaint; that complainant is estopped by his own act and conduct to file the complaint against the answering op; that complaint is not maintainable in the present form; that complainant has concealed true and material facts from this Forum and has not come with clean hands and that complainant has no cause of action or locus standi to file the complaint against the answering op. On merits, the contents of complaint are denied being incorrect.
3. Op no.2 filed reply taking certain preliminary objections regarding no cause of action, maintainability and that this Forum has got no jurisdiction to try, entertain or adjudicate upon this false complaint. No cause of action whatsoever has accrued to the complainant at Sirsa within the jurisdiction of this Forum. It is submitted that op no.2 for the safety of the complainant himself and other passengers of the flight adopted the standard procedure by asking for a fit to fly certificate from the complainant. The complainant only to conceal the fault on his part has tried to push the burden upon the answering op. The complainant while he was in checking in, he informed the official at the check-in desk that he required oxygen during the flight. The official at the check-in reported to Mr. Morgan one of the official of op no.2 who addressed the concern of the complainant. The complainant was inquired as to whether he had his own oxygen or any such paperwork with regard to such requirement from op no.2 or doctor. The complainant simply stated that he just thought that he could request it at the time of check in. It is further submitted that Mr. Morgan fully and unequivocally explained that this was not something that could just be requested there at the check in. The person accompanying the complainant replied that the complainant simply could use the oxygen from the roof of the aircraft. Mr. Morgan then explained that Air India cannot deploy one mask for a passenger. The complainant also informed that there would be major repercussions if the complainant required the oxygen on board during the flight. Mr. Morgan then asked the complainant as to why he required oxygen on board. The complainant gave a very vague answer that he suffered from suffocation and claustrophobia but could not show any medical document in support of his issue. Not satisfied by the conduct of the complainant about this, Mr. Morgan asked the complainant if he had a fit to fly certificate or something that stated that he was fit to travel. At first, the complainant said yest that he did have a certificate, but when Mr. Morgan asked to show the certificate, the complainant falsely told him that it was in his checked-in bag. When Mr. Morgan requested the complainant that he needed to get it out, the complainant started dilly dallying the topic and reluctantly admitted that he did not have any such certificate. In the end, the complainant and his companion family member admitted that he can not produce any documentation to show that he was fit to travel. It is further submitted that Mr. Morgan then asked the passenger to come down to the service desk to free up the check in counter for the other passengers as it was not appropriate to check in the complainant after such request without a fit to fly certificate. After Mr. Morgan came to such opinion of fit to fly certificate, the companion of the complainant who was not travelling started to back paddle the story and stated that his situation was not actually bad and it was just a ‘may be’ that complainant would need the oxygen on board. It is further submitted that Mr. Morgan stated to them that they had already stated that the passenger needs oxygen on board and that it was a serious request and such concern raised by complainant cannot be ignored keeping in view of the long hour international flight and also the op no.2 officials could not just pretend that they never heard about it. It was the duty of officials to take care of its passengers. Mr. Morgan requested the complainant to get a fit to fly certificate from a doctor before the passenger could be checked in. As it was a week-end, the medical center on site at Sydney airport was closed. Thereafter, the complainant left to obtain the fit to fly certificate. When it was time to check in, Mr. Morgan noticed that the complainant had not returned. It is further submitted that since the complainant did not report at the check-in counter which had to be closed on time in order not to delay the flight. The complainant reported at check in when it had already been closed in accordance with the rules and regulations. Since the complainant himself raised the issue, it was the duty of the answering op no.1 and its officials to take care of all the passengers and ensure that the aircraft is avoided from any diversions due to passengers’ medical condition by taking precautions, thus the complainant was requested to produce the fit to fly certificate. Remaining contents of complaint are denied and prayer for dismissal of complaint made.
4. The parties then led their respective evidence.
5. We have heard learned counsel for the parties and have perused the case file carefully.
6. The complainant in order to prove his complaint has furnished his affidavit Ex.PW1/A in which he has deposed and reiterated all the averments made in the complaint. He has also placed on record copy of payment receipt of Rs.60,250/- Ex.C1, copy of ticket Ex.C2, copy of medical certificate Ex.C3, copy of ticket Ex.C4, copy of legal notice Ex.C5 and postal receipts Ex.C6 and Ex.C7. On the other hand, op no.2 produced affidavit of Sh. Kiran Bhandari, Senior Manager Commercial Ex.RW1/A in which he has reiterated the contents of the written statement. The op no.2 also produced copy of office order Ex.RW1/1.
7. As per allegations of complainant, the complainant had purchased an air ticket of Air India flight for visit from New Delhi to Sydney and for return to New Delhi for the time schedule as 16.8.2018 for leading India to Sydney from New Delhi and to return back to India on 20.10.2018. He took Air India flight from New Delhi and reached Sydney. During the said journey, he experienced some suffocation in the plane and he conveyed this complication to helpline of Air India. The helpline of Air India advised the complainant to convey this complication to air staff at Sydney Airport and they will give best possible help to the complainant. Resultantly on 20.10.2018, he conveyed the above complication to the airport staff of Air India at Sydney Airport but the airport staff stated to the complainant that complainant will not be allowed to board the plane as he is not physically fit to undertake the flight and that first of all the complainant will have to get fitness certificate from the doctor and only then he will be allowed to board the plane. Further, there are allegations of the complainant that medical facility was not provided at the airport as a result of which he had to hire a taxi to go to private doctor who examined him and issued medical fitness certificate but when he reached back at the airport, only 50 minutes were left for take-off the flight, as a result of which the staff of Air India disallowed the complainant to board the plane. So he could not take the flight on that date and had to manage funds in order to get another return ticket for 28.10.2018. The complainant has alleged deficiency of service and unfair trade practice on the part of officials of Air India and has claimed compensation and refund of the ticket amount.
8. On the other hand, there is specific plea of the op no.1 that they have only sold ticket and rest was to be managed by the Air India authorities for the journey of the complainant and there is no deficiency of any kind on the part of op no.1.
9. There is specific plea of op no.2 that complainant himself during the course of check-in at Sydney airport conveyed the officials of the Air India that he required oxygen during flight on which Mr. Morgan one of the official of op no.2 addressed the concern of the complainant. He inquired as to whether had his own oxygen or any such paperwork for such requirement from op no.2 or doctor or any such paperwork with request to such request. On failure to respond to such query, Mr. Morgan personally went to the check-in desk to attend the complainant. He was asked as to whether he had spoken to any of the official of Air India about such request or he had any such paperwork however, he replied in negative. On the request of complainant, he was asked to get his medical certificate qua his requirement of the oxygen. After getting the medical certificate, he approached the officials few minutes before departure of the flight and there is no deficiency on the part of op no.2.
10. The perusal of evidence of complainant reveals that complainant has placed on record Ex.C1 copy of the booking receipt of Riya Travels, copy of ticket Ex.C2 and copy of medical certificate Ex.C3. The perusal of Ex.C3 medical certificate issued by Dr. Hanan Daniel reveals that it finds mention that “This is to certify that Christopher Bawa 38 Budgeree Road Toongabbie 2146 denies and is not known to have any medical problems. His examination is unremarkable. He is fit to travel to India on Saturday, 20 October 2018.” This certificate itself reveals that complainant himself has denied before Dr. Hanan Daniel that he is not having any medical problem, but however, he himself posed and disclosed before the officials of the Air India at Sydney Airport that he felt suffocation in the flight during his travelling from India to Sydney in the plane and he needs oxygen and on the demand of the officials of Air India, the complainant himself failed to produce any medical certificate showing that there is need of oxygen for him during his travelling in the plane. Moreover, the certificate issued by Dr. Hanan Daniel also reveals that complainant himself has denied that he has any medical problem. So, under these circumstances, it cannot be presumed that there was any requirement of oxygen for the complainant while travelling in the plane, but however, he only posed before the authorities that he needs oxygen for his comfortable journey. So, the complainant cannot take benefit of his own wrongs and cannot claim deficiency of service on the part of ops. The complainant has failed to lead any cogent and convincing evidence to prove that he was in dire need of oxygen for his smooth and comfortable journey which the officials of op no.2 did not provide and he missed his flight due to non availability of medical certificate or demand made by the officials of Air India qua requirement of the medical certificate was not genuine.
11. In view of above discussion, we do not find any deficiency in service on the part of the ops and the complaint is hereby dismissed being devoid of any merit but with no order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. Member Member President,
Dated:06.08.2019. District Consumer Disputes
Redressal Forum, Sirsa.
