BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 16^thDAY OF OCTOBER 2024

1

ORDER

SMT. SUMA ANILKUMAR, MEMBER

1. Brief facts of the complainant:-

The complainant submits that he had booked a flight (PNR No. WHZSJA, YYU75C) for December 21, 2023. The OP unexpectedly delayed their flight which was from Ahmedabad to Guwahati on December 20, 2023, less than 24 hours from the schedule departure. On enquiring the OPs to provide the complainant with an alternative flight option in the OPs airline or any other airline, the OPs representatives informed the complainant that an alternative flight option could be provided only after 2 days of the initially planned travel and an alternative flight from different airline was blatantly denied by the OPs.

2. The complainant had planned his trip and had already made arrangements for accommodation and travel which cost him around Rs.70,000/-. Thus the complainant could not opt for alternative flight option provided by OP which was 2 days after the scheduled trip. Therefore he was left with no option, helplessly had to find an alternative flight in different airline all by himself without the assistance of the OPs. The complainant further states that according to DGCA guidelines, passengers are entitled to compensation in such situations. Despite this OP refused to provide necessary monetary compensation, only offering full refund for the cancelled flight. OP made the initial refund and denied from any monetary compensation. The cost of original ticket and refund is mentioned below.

1. PNR: WHZSJA [Amount Paid: Rs.9331; Refund Received: Rs.8982; Booked via Make My Trip; Passenger: Mr. Chandra Prakash Gupta]
2. PNR: YYU75C [Amount Paid: Rs.8981; Refund Received: Rs.8981; Booked via Yatra; Passenger: Mrs. Mamta Gupta].

Due to the last minute cancellation by the OP the complainant had to buy new tickets at an escalated price due to the last minute booking.The escalated prices cost to the complainant which is as below.

1. PNR C4GPTC amount paid Rs.15,658/- booked via. Ixigo passenger named Mr. ChandraPrakash Gupta.

2. PNR. P7EIVZ amount paid Rs.16,486/- booked via Flipkart Passenger name: Mrs. Mamatha Gupta.

Due to the situation the complainant incurred significant financial loss. Due to the OPs aforementioned mala fide act and conduct the complainant had to face mental agony and monitory losses. The complainant left with no choice got the legal notice issued to OP dated on 01/04/2024. The OP has made no reply to the said notice.Hence this complaint by the complainant.

3. On issue of notice to OP, Op failed to appear before this Commission hence placed Ex-parte.

4. The complainant has filed his affidavit evidence along with 10 documents marked as Ex.P1 to Ex.P10. The complainant has filed written arguments.

5. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant has proved the deficiency of service on the part of OP?

ii) Whether complainant is entitled for the relief?

iii) What order?

6. Our answers to the above points are as follows:-

Point No.1:- Affirmative.

                Point No.2:- Partly Affirmative.                                        Point No.3:- As per the final order.

REASONS

7. Point No.1 and 2: These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

8. On perusal of the documents submitted by the complainant we observed that the exhibit P3 is a What’s app message sent by the OP to the complainant. In the said message the OP has revised the flight (PNR: WHZSJA) due to operational reason, revised to new flight SG8194/SG8152, 23^rd December 2023, Ahmedabad, Delhi, Guwahati, 0610 hours/ 1215 hours. Exhibit P4 is a copy of the tickets booked by the complainant, issued by OP for the said flight from Ahmedabad, Guwahati PNR: WHZSJA, for an amount of Rs.9,331/-. Exhibit P6 is the copy of the tickets booked by the complainant from AKASA Air QP 1503 from Ahmedabad to Guwahati dated 21December 2023 scheduled for 10:25 for an amount of Rs.15,658/-. Observing the above documents we see that the complainant had to face inconvenience due to the revised flights by the OP. the complainant left with no option, who had planned his trip well in advance had to book another  flight for the same date for higher price of Rs.15,658/-.

9. The complainant requested the OP to arrange for an alternative flight as the deficiency in service is shown by OP, but the OP fail to make any arrangement for the complainant. Left with no option the complainant had to make arrangements in the last minute on his own. This act of OP shows deficiency in service. Though the OP has refundedthe amount paid by the complainant, the complainant had to pay extra charges on the flights he had to book again with another airlines as his tripwas well planned in advance, and could not further bear the losses of the other bookings made by him. Hence the inconvenience faced by the complainant is due to the negligence and deficiency in service of the OP. OP being a reputed Airline and also holding capacity to arrange other flights for their customers well in time, has shown negligence and deficiency in their service.

10. The OP neither has made any arrangements for the complainant nor has compensated for the same. OP holds responsibility for the revising flights made by it as there is a huge difference in the revised timings of the flight. The OP has not only caused inconvenience for the complainant but also all the customers travelling through the same flight. The inconvenience of the revised schedule has not only affected the complainant but has affected many other customers travelling through the same flight. Though the complainant has paid extra amount of Rs.13,832/- for their booking with another Air lines, for their scheduled trip, the complainant has fail to claim the said difference amount from OP. On the above observations it is true and clear that the OP has shown deficiency in service.

11. Inspite of service to OP, OP has failed to appear this Commission and file Evidence in its contention. The non-appearance, non-filing of version to the Complaint by OP, can be drawn as, the OP has admitted to the claim of Complainant as reported in 2018(1) CPR 3(4) (NC) in the case Singla builders & promoters Ltd v/s Amar Kumar Garg wherein it is held that “Non filing of written version to the complaint before the forum amounts to admission of the allegation levelledagainst them in Consumer Complaint.”Hence the OP is directed to pay an compensation of Rs.20,000/- towards deficiency in service Rs.10,000/- towards litigation charges.

Orders

1. Complaint filed by the complainant U/s 35 of Consumer Protection Act, 2019 is hereby allowed in part.
2. The OP is directed to pay compensation of Rs.20,000/- towards deficiency in service.
3. OP is directed to pay litigation charges of Rs.10,000/-.
4. OP is directed to pay the entire award amount within 45 days from the date of order failing which shall have to pay an interest of 10% per annum from 21 December 2023 till realization.
5. Furnish the copies to both the parties without cost.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 16^thday of OCTOBER 2024)

Documents produced by the Complainant-P.W.1 are as follows: