BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.223 of 2023
Date of Instt. 05.06.2023
Date of Decision: 30.10.2023
Gurjit Singh Bhatia age 46 years S/o S. Charanjit Singh Bhatia, R/o H. No.174, Near Rabindra Day Boarding School, G. T. B. Avenue, Jalandhar.
..........Complainant
Versus
1. TATA SIA Airlines Ltd. (Vistara Airlines) Intellion Edge, Tower A, 9th and 10th Floor, South Peripheral Road, Sector-72, Gurugram, Haryana-122101. Through its authorized signatory.
2. Bhatia Travels, 925, G. T. Road, Near Bus Stand, Jalandhar. Through its Authorized Signatory.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Present: Sh. Bhupesh Vaid, Adv. Counsel for the Complainant.
OPs exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant running his business under the name and style of M/s R. P. Overseas at Jalandhar and he used to travel throughout India as well as Abroad frequently relating to his business purpose. The OP No.1 is operating and managing the Air Line namely Vistara Airlines and the OP No.2 is the travel agency and also having the ticket Agency of the Airlines. The complainant got booked his Air tickets from OP No.1 through OP No.2, for his journey from SRI Guru Ram Dass Jee Airport, Amritsar to Frankfurt on 25th February 2023 in premium economy class by paying the huge amount, for the purpose of attending the Asia Pacific Sourcing fair in Koelnmesse (Germany). The complainant on 25/02/2023 had board/ checked in flight from SRI Guru Ram Dass Jee Airport, Amritsar in flight no. UK/694 followed by connected flight no. UK25 from Indira Gandhi International Airport, Delhi vide tickets no.22886749391244. The complainant at the time of boarding the above said flight from SRI Guru Ram Dass Jee Airport, Amritsar also checked-in two bags for direct delivery at Frankfurt. The complainant is a patient of BP and he used to take the medicine as prescribed by the doctors for the last 12 years and he at the time of boarding, the above said flight had put his medicines, prescription slip and other important documents related to his fair visit i.e. drawings and layout plan of the stand on the basis of which he had to install his display stand/counter in the above said Fair at Koelnmesse (Germany), in his bag with the hope that he will collect the same at Frankfurt. When the complainant reached at Frankfurt Airport, he received only one bag while another had been missing and thus he contacted the Airport Authorities at Frankfurt and Vistara airlines. Intimations of the same were given to them through e- mail. The complainant has received the intimation with regard to the missing of his bag from the representative of OP No.1 on 26.02.2023 and he surprised to know that the bag was missed due to the negligence on the part of their staff, as the tag was not punched on the said bag, due to which the same was not boarded to the connected flight in which the complainant was flying. After coming to know about the same, complainant again contacted Vistara Airline and requested them to deliver the same as early as possible and the said representative of the OP No.1 assured to the complainant that they will send the same next day i.e. on 27.02.2023. The hotel of the complainant was situated at a distance about to 190 KM from Frankfurt Airport and during the said period complainant had to visit number of times, Frankfurt Airport from his hotel i.e. from Messe Kreisel, Cologne City. As stated above, complainant is a patient of BP and his medicines, prescription slips thereof and other valuable documents i.e. drawings and layout plan of the stand on the basis of which he had to install his display stand/counter in the above said Fair, were in said bag which was left at Delhi Airport. The said documents were very much relevant/important in order to install the stand much before the starting of the fair time as per the said approved layout. The negligence on the part of the OPs, put the life of the complainant at high risk of his life as he bound to spend two days without his medicines as he has received his bag on 27.02.2023 at about 11:30 P. M. More so, complainant has also failed to prepare the stall in time as per the layout plan. This caused him tremendous harassment, mental agony and he had to undergo considerable inconvenience and great physical and mental suffering. The complainant has served a registered legal notice dated 08.04.2023 upon the OPs, but all in vain and as such, the present complaint filed with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the amount of Rs.1,26,000/- of his ticket and further OPs be directed to pay a compensation to the tune of Rs.5,00,000/- for causing mental tension and harassment to the complainant and Rs.33,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, but despite service both the OPs failed to appear and ultimately, OPs were proceeded against exparte.
3. In order to prove his version, the counsel for the complainant has produced on the file his evidence by way of an affidavit and documents.
4. We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.
5. The complainant had purchased an air ticket for traveling on 25.02.2023 from Amritsar to Frankfurt. The tickets from Amritsar to Delhi and from Delhi to Frankfurt have been proved as Ex.C3. Ex.C3 is consisting returned ticket of March 2023 also. The complainant boarded the flight on 25.02.2023 and checked in with two bags for direct delivery at Frankfurt. The complainant had to participate in a trade fair at Germany and these bags contained his drawings and layout plan of the stand on the basis of which he had to install his display stand/counter in the said trade fair in Germany. The bags also contained his medicines. However, due to negligence on the part of the Airline staff, the bags were not boarded on the flight. When the complainant did not receive his bags on reaching Frankfurt airport, he lodged a complaint with the airline and received his bags on next date i.e. on 27.02.2023. Due to this delay, he failed to prepare the stall in time as per the layout plan and suffered huge loss.
6. On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-8.
7. From the above detailed discussion and going through Property Irregularity Report, email messages Ex.C-4 and Ex.C-5, it is clear that beggages were delayed due to negligence of airlines staff, which they have admitted in the above email messages. This is clear case of deficiency in service and thus, the complaint of the complainant is partly allowed and OPs are directed to pay a compensation of Rs.5000/- for causing mental tension and harassment to the complainant and Rs.3000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Dr. Harveen Bhardwaj
30.10.2023 Member President
