The Complainant had booked a one-way journey ticket from Kullu to Kolkata via Delhi on May 15, 2013 through complainant’s web portal being Web Ref. No. AIBE8205648 and PNR No. 2DB3K.  The journey was divided in two parts, the first was from Kullu to Delhi and the second part was from Delhi to Kolkata.   The E-tickets were generated on successful payment of the ticket amount and the tickets were bought three months priorto the complainants’ journey date.

           The complainant stated his contact number and E-mail Id already to avoid any communication gap regarding rescheduling/cancellation of flights, but no such information for rescheduling and cancellation regarding the flight AI9806 was received.

          Just the night before, the complainant’s flight was scheduled to take off from Kullu i.e. on 27.08.2013, they were spending their leisure at Manali, he suddenly gathered from local people/travel agents from Manali that no flights are actually operating from BunterAirport since June 2013 and the airport is closed.  As such question of their travel arrangement from Kullu to Delhi does not arise.  The complainant called Air India Call Centre (18001801407) to verify the rumors and they were advised by one Mr. Satish to go to Bunter Airport.  As the complainants were doubtful about the service of the said Airport, he contacted Mr. Satish again for further information.This time he was assisted by an Air India Official who advised them to rush to the nearest Airport.  The complainants rushed towards Bunter Airport by taxi giving an exorbitant rate and reached there at 11:00 P.M. on that day. But the Airport was completely closed.  Then he headed towards the next nearest Chandigarh Airport 300 Kms. away from the Bunter Airport and reached Chandigarh at about 4:30 A.M.  After long wait, he managed to enter the Airport at about 09:00 A.M.  Lastly the Airport Manager informed them that the flight was cancelled and Air India blamed the complainant stating that Air India tried to reach them but he was not reachable.  Finally upon request, the complainants’ departure was arranged by the Manager on a Chandigarh-Delhi bound flight (A1863) at 11:15 A.M. to reach for their next flight to Kolkata (Scheduled at 13:45 hours).

          As per the complainants’ version they should have been informed by Air India Authority well in advance.  Had they been informed about the cancellation before time and refunded the amount (Rs. 24,396/- for two persons held up for three months) a fresh ticket from Chandigarh to Kolkata could have been purchased on 28.08.2013 for Rs.15,000/-, thus saving Rs. 10,000/- rest aside the exorbitant trip cost from Manali to Chandigarh.  Air India is completely responsible for depriving them of their basic needs for one night of 27.08.2013 and as such liable for providing compensation towards the acute trauma mental agony and physical torture which seriously told upon the complainant and his wife.  They demanded Rs. 1,00,000/- for bare costs and expenses incurred, Rs. 5,00,000/- for tension undergone by the complainants and Rs. 6,00,000/- for mental agony and suffering telling upon their health.  The ops for their whimsical act has given birth to deficiency in service towards the complainant.

          The ops in their version stated that the complaint is not maintainable and is liable to be dismissed because the allegation involved one of events occurred in three different states outside the territorial jurisdiction of this Forum.  The complainants have filed the complaint for recovery of the travel expense.

          Tickets were purchased for Kullu-Delhi flights which are outside the jurisdiction of this Forum.  They reached from Chandigarh to Delhi and from Delhi to Kolkata on the same date as such there is no negligence or deficiency of service on the part of the ops.  The ops stated that several attempts were made to inform the complainants of the cancellation of the said flight, but the complainant did not pay any heed to the Air India Officials.  The ops denied that the complainants were advised to go to Bunter Airport.  The complainants could see the internet where the information regarding flight from Chandigarh to Delhi was delivered.  As they have heard from the local that Bunter Airport is closed for long the complainants should not attempt to reach to Bunter Airport, instead of they should have reached to Chandigarh Airport. 

          There is no question of refund of the ticket amount because the Air India Call Centre gave correct and up to date information to the complainant but he could not be contacted all the time.  The highest taxi fare from Chandigarh to Delhi approved by taxi union was Rs. 7,500/- and it was offered to the complainants.  No documentary proof of the illness of the family members of the complainants was filed, so the allegation is baseless.  Complainants’ family never suffered any mental agony.  As the complainant’s were provided with air passage from Chandigarh to Delhi at no extra cost, there cannot be any negligence or deficiency in service on the part of the ops.  The complainants had reached their destination at time.

          The ops tried to contact the complainants but could not contact with them.   Lastly the complainants were requested to reach the nearest Airport, at Chandigarh for catching Delhi –Kolkata Flight and accordingly complainant’s came to Chandigarh and then Delhi and Kolkata as per schedule.

          The complaint of the complainants was made to grab money from the ops in the form of compensation in spite of reaching Kolkata on the same day and time.

Decision with reasons

          On in depth study of the complaint and written version and also considering the particular allegation of the complainant we have gathered that only allegation is that from Kullu to Chandigarh no arrangement was made by the op Air India Authority for availing of the plain from Chandigarh for cancellation of the air flight from Kullu to Delhi.  Fact remains the admitted position is that complainant appeared that Chandigarh Airport and that journey was provided by the op up to Delhi and thereafter to Kolkata.  Complainants’ journey from Chandigarh via Delhi to Kolkata there is no allegation, but only allegation is that he was rest assured that they shall have to avail of plain at Kullu(Bhunter).  But truth is that Airport was closed and all the plains were cancelled.  It is evident from the entire materials particularly the offering as payment by the op for taxi fare has not denied by the complainant.  All other passengers reported to Chandigarh Airport on receipt of the information as sent by the op Authority.  At the time of hearing arguments from the complainant, complainant admitted that he did not receive such call.  For the sake of the argument if it is accepted that complainant did not receive any call, then how he went to Chandigarh Airport that means information was there.  But main grievance is that he was mentally prepared to avail of plain from Kullu(Bhunter).  So, he did not care about any information of the op.  That is not the negligence on the part of the op.  Fact remains that it is admitted by the complainant in the open Forum that op agreed to pay Rs. 7,500/- for their journey from Kullu to Chandigarh by taxi and complainant refused to accept it and thereafter filed a complaint before the op authority and op authority reported him that they are willing to pay Rs. 7,500/- for their journey.

          Most interesting factor is that complainants in their complaint has not stated very specifically what is actual fare paid for the distance in between the Kullu to Chandigarh.  But we have collected that the distance is 275 Kms, to 300 Kms. and that has not been denied by the complainant in open Forum.  So considering that journey of 300 Kms. op is willing to pay Rs. 25/- per kilometer and all over India this rate is highest rate for any journey.  Now the question is how it can be held that it is negligent and deficient manner of service?  When complainants themselves appeared before Chandigarh and made allegation that no information was received by him is completely false, in view of the fact all other passengers of the same plain already appeared in Chandigarh on the basis of such information, that means complainant though not received the said call due to their own fault because were not within the range of receiving the call from any phone for which it was not possible for them to receive it.  But truth is that they came to learnabout that fact from other passengers for which they directly came Chandigarh by taxi from Kullu.  Then we are confirmed that ops admittedly tried to contact with the complainants to inform about the cancellation and forthwith reported all other passengers who are enjoying the trip at Kullu and all the passengers came in right time only they were late, might be it was for their mobile network deficiency to come down Kullu.  But as per complainants’ statement they went to Kullu Airport as when they heard from their agent but for that reason the purpose of purchasing the ticket for their journey by plain has not been disrupted.  Cancellation of plain may be caused for other reason for which the Airport Authority is not responsible because it is the guideline of the Civil Aviation Department and that must be followed by the Airport and in this case that has been followed.  So, apparently negligence and deficiency on the part of the op is not found.

          But complainant has tried to show that they spent huge money and they have claimed Rs. 1,00,000/- for their said trip because of their journey from Kullu to Chandigarh.  It simply proves that only to grab money, actual money which has been spent for the journey has not been disclosed either in the complaint or in the prayer portion.  About medical treatment etc., no paper is submitted. But it is the expression of the consumers in most of the cased anyhow to grab money.  But we are very much considered the whole aspect by legal piercing eyes and we have gathered that no doubt the complainants spent some money for their journey from Kullu to Chandigarh.  No doubt op has stated that they are willing to pay Rs. 7,500/- as taxi fare, but we find that taxi fare is not sufficient at such night but demand of taxi to travel at night is too high and no doubt at least they spent Rs. 10,000/-.  At the same time some fooding was required for which invariably for two persons meal at best Rs. 800/- can be given.  But as because the complainant did not properly ventilate in their complaint the truthful cost spent by them for the journey and meal from Kullu to Chandigarh, we find that at best a sum of Rs. 15,000/- can be awarded in favour of the complainants.

Many other factors are included in the complaint, but not a single paper not even any supportive evidence is adduced by the complainants to support his complaint in view of the fact his other family members also with him and enjoyed Kullu and then availed of the same journey but they did not make any complaint before this Forum and those persons were not produced by the complainant to support his complaint.  So, as per provision of law any allegation must be presumed to be correct if some evidences in support of allegation is produced, but nothing is thereexcept only their own version.  But truth is that complainant has admitted that op agreed to payRs. 7,500/- for taxi fare for journey but complainant did not receive it though other passengers received it and enjoyed the tour. No doubt on analytical comparative study of the complaint and written version we find that the very purpose of the complainants is to grab huge money which is proved from the prayer portion.

 But it is settled principal of law thatthe compensation must be claimed by the consumers in respect of their actual loss at first which is absent in this case.  The fact of intentional harassment must be proved that is also absent in the complaint.  Causing mental pain and agony intentionally by the op is also not proved.  But nowadays it has become a practice of the Forum only to consider the chief but not to determine the consumer dispute in true spirit of law by evaluating the defence case and the complainants’ case.  If in the present case, the defence evidence and complaint evidence are evaluated the position is found nil andfor the reason stated the above and the findings the present complaint succeeds in part.

Hence, it is

ORDERED

          That the case be and the same is allowed on contest with a cost of Rs. 5,000/- against the ops.

          Op is hereby directed to pay a compensation of Rs. 15,000/- for their cost of journey and meal at night and also pain, harassment etc.

          Op shall have to comply the order within one month from the date of this order of the Forum failing which for each day’s delay and for noncompliance the op shall have to pay punitive damage  at the rate Rs. 100/- per day till full satisfaction of the decree and if it is collected, same shall be deposited to this Forum.

          Even if it is found that they are very much reluctant to comply the order in that case penal action of u/s 27 of C.P. Act 1986 shall be started against them and further penalty of Rs. 10,000/- shall be imposed as per law.