THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.87/2013
Dated this the 3rd day of December, 2016
(Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, M.A., L.L.B. : Member
ORDER
Present: Rose Jose, President:
The petition is filed under Section 12 of Consumer Protection Act, 1986 for getting an order directing the opposite party to pay the petitioner Rs.50,000/- as compensation for his mental agony and other difficulties suffered and the interest of ticket charge with 18% interest per annum Rs.5,940/- for the loss of salary of his wife and also cost of the proceedings.
The petitioner is a Computer Engineer and his wife is an Architect Engineer now residing at Dubai by their job. His case is that on 03/05/2012 he had booked two Airline tickets from Kozhikode to Dubai for himself and for his wife for travelling on 03/09/2012. He had booked the tickets from Dubai through his credit card on 03/05/2012 and received the confirmation letter for the same through e-mail from the opposite party having Confirmation No.02BH3. The ticket charge was Rs.30,486/-.
It is submitted by the petitioner that on 18/07/2012 he received a mail from the opposite party intimating cancellation of the flight booked for 03/09/2012, without any sufficient reasoning. The opposite party did nothing to reschedule him and his wife to another flight on the same day or informed him as to when they will pay back the booking amount. Immediately on getting the cancellation letter, he had contacted over telephone and requested to arrange any alternative facility to travel on the same day and if not to refund the ticket amount immediately for booking other tickets but the opposite party neither arranged any alternative facility nor refunded the amount. Thereupon he was forced to book tickets in Emirates Flight for a much higher charge of Rs.55,936/-. Moreover as there was no direct flight available from Kozhikode to Dubai, he has to book their tickets from Bangalore to Dubai on 04/09/2012. This caused an extra travel and accommodation expenses from Kozhikode to Bangalore. Due to this his wife had to take an extra leave for a day which resulted a day loss of pay.
It is also submitted that after the cancellation of the scheduled flight the opposite party told him that the ticket charge will be refunded within 10 days but they have deposited the amount to his account only on 06/10/2012 without any interest. It is against the terms and conditions of the opposite party which is clearly stated in the ticket itself. As the opposite party was indifferent to his requests, he caused to issue a legal notice to the opposite party on 03/10/2012 and to that notice no reply was forwarded by them legally except an acknowledgement receipt. The illegal, willful and negligent act of the opposite party is deficiency in service on their part and that caused many damages, mental agony, heavy grievances and financial liability to him. Hence the petition.
The opposite party in their version denied the allegation that they have not provided service as mentioned in the confirmation letter dated 03/05/2012 as not true. It is admitted that the Air India Express Flight No. IX-343 from Calicut to Dubai on 03/09/2012 in which the petitioner and his wife were holding reservation was cancelled as stated by the petitioner, but stated that it was due to operational reasons and this matter was informed to the petitioner and other passengers on 18/07/2012, much before the original travel date. It is stated that the matter of cancellation was intimated much in advance to the petitioner in order to take steps for booking alternative means of transportation. The allegation that immediately on getting the cancellation letter, he had contacted them over telephone and requested to arrange any alternative facility to travel on the same day and if not, the ticket amount has to refund immediately for booking other tickets, otherwise it will cause irreparable injury and hardships is denied as false and baseless. The petitioner has not contacted them over phone as alleged. It is admitted that they have told him that the amount of the tickets will be credited his account within 10 days as true but stated that they could only refund the amount to his account on 06/10/2012 due to some system error and so it has to be carried out manually by their Finance Department. The legal notice was replied on 11/10/2012 stating that steps are being taken to do the necessary.
As the cancellation of the flight was informed to the petitioner as earlier as on 18/07/2012, when the date of flight was on 03/09/2012, the petitioner got ample time for taking alternative arrangements for reaching Dubai before the said date and hence they are not liable for the actions of the petitioner which caused the loss of pay of his wife. All other allegations of the petitioner were denied by them as false and baseless. The petitioner has not suffered any damages, mental agony or financial loss due to the cancellation of the flight and they are not liable to compensate him in any way. There is no deficiency in service on their side as alleged and the petitioner is not entitled to get any of the reliefs sought for in the petition and hence prayed to dismiss the petition with cost of them.
Evidence consists of the affidavit filed by the petitioner, Ext. A1 to A9 and deposition of PW1.
The petitioner averred that the opposite party had cancelled the flight booked for himself and for his wife on 03/09/2012 for travelling from Kozhikode to Dubai and the matter was intimated to him on 18/07/2012 without stating any reason or arranging any alternative facilities to travel on the same day. Due to the said act of the opposite party, he was forced to book tickets in Emirates Flight for a higher amount. So also the opposite party has not refunded the ticket charge within 10 days as promised but only on 06/10/2012 that too without any interest. All these caused much mental agony, financial loss and other damages to him and his wife. The said act of the opposite party is deficiency in service on their side for which they are liable to compensate him.
There was no dispute with regard to the booking of flight ticket by the petitioner or regarding the cancellation of the said flight or with regard to the documents produced and marked by the petitioner. Ext. A4 is the copy of confirmation letter and itinerary issued by the opposite party Air India Express. In the notes attached to the Itinerary Clause 8 reads “In case of circumstances beyond its control, Air India Express may without notice cancel, reschedule or re-route a flight. In such cases when the flight is cancelled or delayed by more than 3 hours, Air India Express shall either carry the passengers on another of its scheduled passenger service on the same sector, provided space is available, OR make a full refund th3e ticket with no further liability to Air India Express.” A reading of the said conditions would show that the opposite party has not undertaken any liability to make alternative arrangements to carry the passengers to the destination on the same day itself or any other day during times of cancellation of any flight. It is also stated that, they may cancel, reschedule or re-route the flight at times even without notice. So also there is no undertaking that they will refund the ticket charges within 10 days or allow any interest for the amount.
A flight may cancel due to many reasons. There is no stipulation in the conditions that they have to disclose the reasons of cancellation to all the passengers. It is not possible or practical also. As it is the part of internal affairs of the opposite party one cannot insist them to disclose the reasons. In case of such cancellation the only thing they can do is either to arrange other alternative facilities, and if not possible to inform the matter to the passengers as early as possible. Here the scheduled day of departure was on 03/09/2012. The cancellation was informed to the petitioner on 18/07/2012 as admitted by the petitioner himself. This shows that the opposite party had informed the matter much earlier, and the petitioner got sufficient time to take alternative steps for his journey. PW1 in her deposition admitted that “there are many direct flights including Emirates Flight from Kozhikode to Dubai excluding Air India flights.” (Page No. 2). It is true that the passenger have to suffer many difficulties as well as financial loss in such situations. There is no alternative for that. As the flight authorities are giving prime importance to the safety of the passengers, without clear evidence of willfulness or negligence on their side in cancelling the flight one cannot blame them in this regard. So in the absence of any evidence to prove any willful latches or negligence or in the absence of any undertakings on their side, we cannot attribute any deficiency in service on the part of the opposite party in cancelling the flight due to reasons beyond their control.
So also there is no undertaking in their terms and conditions to refund the ticket charge within 10 days with interest. But here, they themselves have admitted in their version that they told the petitioner that they will refund the tickets charge to his account within 10 days. As such they are bound to do so. Admittedly the amount was credited to the account only on 06/10/2012. This is against their promise. The reasons stated for the delay that it was due to the system error is not sufficient to excuse the delay or acceptable as such. They should have more vigilant in this regard. So we are of the view that the inordinate delay in crediting the ticket charge to the petitioner’s account is deficiency in service on their part which forced the petitioner to approach this Forum for redressing his grievance. Hence the petition is partly allowed.
In the result, the following order is passed.
The opposite party is ordered to pay interest at the rate of 12% per annum for the amount of Rs.30,500/- from the date of cancellation of the flight ie from 18/07/2012 to the date of crediting the amount to the account and to pay Rs.5,000/- (Rupees five thousand only) as compensation for his sufferings and Rs.2,500/- (Rupees two thousand five hundred only) as cost of the proceedings to the petitioner within 30 days from the date of receipt of this order.
Dated this the 3rd day of December, 2016
Date of filing: 27/02/2013
SD/-MEMBER SD/- PRESIDENT SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Copy of Passport
A2. Copy of passport
A3. Power of Attorney
A4. Confirmation letter issued by the opposite party
A5. E-ticket
A6. Copy of lawyer notice sent to the opposite party
A7. Acknowledgment card
A8. Letter received from the opposite party
A9. Credit Card Statement
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
PW1. Limna Bhaskaran (POA Holder)
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
