SMT. RAVI SUSHA  : PRESIDENT

        Complainant has filed this complaint  U/S 12 of Consumer Protection Act 1986, seeking to get  an order directing  opposite parties (1)to  return back the flight charges paid by the complainant  with interest (2) directing to pay an amount of Rs.1,14,048/-together with Rs.3,00,000/- towards compensation  for mental agony and financial loss sustained by the complainants due to the negligence and deficiency in service of the OPs.

  Brief facts of the complaint are that the 1^st  complainant purchased round trip air ticket from 1^st OP, through Web portal viz cheap ticket for travel from New Delhi to Kannur   for travel dates 12/7/2019 and return   journey from  Kannur to New Delhi on 10/9/2019 for herself and her two minor daughters.  The departure time of  flight from Kannur airport scheduled at 3.30 P.M.  When she  reached at 1.00.P.M at  airport, it was informed that the flight had departed 1.P.M.  Complainant has pleaded that the change in the departure time has not been intimated to  complainant.  So  she has missed the flight and was not able to board at 3.30 A.M flight from New Delhi to Calgary next day.  Complainant further stated that so she had to  travel on Indigo Airlines from Kannur to Kochi and Air India flight from Kochi to New Delhi , so that the complainants could  connect  to their pre-booked international flights.  It is alleged that,  these tickets were purchased  at last moment she had to pay ticket of higher rates Rs.16125/- for Indigo flight and Rs.90233/-  for  Air India flight and also an excess baggage fee of Rs.7600.  Complainant states that they put in this situation  due to  the preponement of the flight  and incompetence of  Air India in  not informing  the  complainants about the re-scheduling  of the flight.   After reached  back  at the destination, though  complainants contacted  and requested OP for reimbursement  for the alternative flight to OPs, they are not even ready  to redress their grievances. Complainant submits that the above  action of 1^st OP amounts to gross negligence  and   deficiency in service on their part. Hence the complaint.

  OPs 1&2 filed separate version .  1^st OP   contended that there is no deficiency of service or negligence from  their part. And it is stated that at the time of booking, the complainants did not state any information regarding any connection flight.1^st OP  pleaded that  due to some operational reasons, there was  a change in schedule and as a result, the above said flight was rescheduled as AI425 with  time of departure as 13.00 pm with effect from 14/6/2019.  As per practice, the passengers are informed regarding the change in the schedule by SMS, sent by affiliated call centre’s through an automated system, or through e-mail.  It is submitted that in the present case, the complainants had made  the booking through the website of the 2^nd OP. 1^st OP had no direct contact with the complainants and  the only contact detail  provided to  1^st OP by the 2^nd OP was a  contact number   and that  when call centre had tried  to contact the  complainants it was found that  the said number was  an international  number and hence the call centre was unable to intimate the  rescheduling of the flight to the complainants.  It is further  stated that as per DGCA rules, a passenger  is required to provide adequate contact details, including a local contact number at the time  of booking.  Therefore the  1^st OP had informed the 2^nd OP regarding the change in schedule.  2^nd OP was bound to inform the complainant  about the change  in schedule and  this OP does not have  liability/responsibility for the same. It is submitted that flight was  rescheduled to depart at 1 pm, and since the complainants had arrived for check-in only at 1.p.m, this OP was unable to allow the complainants to board the flight, since there were  no other flights of  this OP  scheduled to depart  to Delhi  from Kannur, this OP was unable to provide an alternate flight to the  complainants. 1^st OP submits that the tickets complainants had purchased were of economy class.  Instead 1^st OP  offered the tickets on the next scheduled flight out of Kannur on 12/9/2019, but the same was refused by the complainants.  Later  the OP offered full refund of the unutilized sector Kannur Delhi.  It is submitted that the complainants were holding economy class tickets and there was no seats available in economy class of Kochi Delhi flight.  This OP cannot endorse the tickets to business class since it was not  a flight cancellation. Further stated that  1^st OP had issued an email dtd.30//9/2019 showing  the history of ticket and explaining the circumstances and clarifying that the complainants are eligible for refund.  Later , upon enquiry , it was found that the complainants have received the refund Rs.21192/- on 16/11/2019.  It is  reiterated that  1^st OP had done everything in their capacity to inform the complainants regarding the change in schedule and had informed the 3^rd party regarding the same. 1^st OP had made all endeavours to provide endorsement to the complainants but the same was not possible since flights were fully booked in  economy class.  There is no deficiency of service or negligence from the part  their part hence prayed for the dismissal of the complaint.

    OP.No.2 has admitted that, the complainant has made a  flight booking on their online  web portal. Since due to some operational reasons there would  have been some change in rescheduling  of timings by the  provider  the 1^st OP.  It is the duty of the provider 1^st OP ,that the passengers are well informed regarding the change in the schedule much early  through SMS, mail, automated IVRS etc to the  phone number and mail ID provided by the passenger while booking the ticket.  2^nd OP is not liable for any  rescheduling of flights or  any deficiency of service from their part It is submitted that the complainant ought to have rebooked tickets with the help of  1^st OP  from Kannur to Delhi  on Air India 425 departing 14.15 on the same day and reaching   NewDelhi  at 17.15 on the same day which  1^st OP would have voluntary rebooked  the 3  passenger without any charge, as  Air India  flight was preponed.  It is mischievous that why the complainant has not approached the 1^st OP office  at Kannur and done  the necessary things.  Moreover  there were cheaper flights on the same day like the Indigo and GoAir  from Kannur to New Delhi direct, charging around Rs.4000/- to Rs.7500/-.  These options were not taken by the complainant and she had booked a roundabout way to  New Delhi and claiming for unreasonable amount, the 2^nd OP is not liable. The service of 2^nd OP is to book the  airline ticket on receiving  online order from the customer and deliver the ticket to the customer  by sending ticket by registered email address .2^nd  OP is not responsible for any airlines delay or defaults on the part of the  service provider. Hence prayed for the  dismissal of the complaint.

      At the evidence stage P/A holder of the complainant(the father in law of 1^st complainant) has filed chief affidavit and has been examined as PW1.  Exts.A1 to A12 were marked on the side of complainant.  PW1 has been subjected to cross-examination by  OP’s 1&2.

   Either  OPs have not adduced oral or documentary evidence of their own.  After that the learned counsel of complainant filed  written argument note.

   We have considered the evidence of complainant and contention of parties.

   The allegation of complainant is that the 1^st  complainant purchased round air ticket from 1^st OP, through Web portal viz cheap ticket for travel from Kannur to New Delhi on 10/9/2019 for herself and her two minor daughters.  The departure time of  flight from Kannur airport scheduled at 3.30 P.M.  When she  reached at 1.00.P.M at  airport, it was informed that the flight had departed 1.P.M.  Complainant has pleaded that the change in the departure time has not been intimated to  complainant.  So  she has missed the flight and was not able to board at 3.330 A.M flight from New Delhi to Calgary next day.  Complainant further stated that so she  travelled on Indigo Airlines from Kannur to Kochi and Air India flight from Kochi to New Delhi by purchasing ticket of higher rates.  Complainant alleged that  such a situation  arised due to  non –informing  the  complainants about the re-scheduling  of the flight.  Complainant alleged that the above  action of 1^st OP amounts to deficiency in service on their part.

   1^st OP admitted that complainant had purchased air tickets as stated by the complainants. 1^st OP contended that at the time of booking, the complainants did not state any information  regarding  any connection flight.  It is submitted that due to some operational reasons, there was a change  in schedule and as a result, the above said flight was rescheduled  with a time of departure as 1P.M with effect from 14/6/2019.  Further pleaded that the passengers are informed regarding the change in the schedule by SMS sent  by affiliated  call centers through an automated system or through e-mail.  It is stated that the complainant had booked through the web site of 2^nd OP and  1^st OP had no direct contact with the complainants.  When tried to contact the complainant in a phone number given by 2^nd OP, since it was an international number, the call centre was unable to intimate the rescheduling  of the  flight to the complainant.  It is submitted that 1^st OP had informed the 2^nd OP regarding  the change in schedule and the 2^nd OP was bound to  inform  the complainant about the change in schedule.  According to 1^st OP, they have no liability/ responsibility for the same.  1^st OP contended that the complainants have received the refund of the entire ticket amount, Kannur to Delhi.  1^st OP further pleaded that they have made all endeavors  to provide  endorsement to the complainants  but the same was not possible since flights  were fully booked in  economy class.

      2^nd OP contended  the  re-scheduling of timings of the flight was not made by the  provider  the 1^st OP.  Further stated that it is the duty of the provider 1^st OP that the passengers are well informed regarding the change in the schedule much early  through SMS, mail or, to the  phone number provided by the passenger while booking the ticket.  2^nd OP contended that there is no negligence and deficiency of service from their part as they are not responsible for any airlines delay or defaults on the part of the  service provider.

      Since complainant has deposed that they have no allegation of deficiency in service on the part of  2^nd OP  in this transaction, 2^nd OP is exempted from the liability.

      There is no dispute that the complainant has purchased  air ticket from Air India line through Web portal Viz cheap ticket on 10/9/2019 the return  ticket for  herself  and her two daughters from Kannur to New Delhi.  Further the undisputed fact that the time schedule of departure time of the flight was changed from 3 P.M to 1.P.M from  Kannur airport and complainants could not travel in the said flight as time was rescheduled.  Further there is also no dispute regarding  refund of the ticket fair by 1^st OP to complainant on 16/11/2019.

       It is also a fact that there was change in the time schedule of the flight booked by the complainant and that was made by 1^st OP.  So as a service provider 1^st OP should have  informed to the  passengers about the change  in the time schedule much earlier.  Here 1^st OP claims that  they have informed to 2^nd OP about the new time schedule of the flight.  But it is seen that 2^nd OP denied the said contention of 1^st  OP .  Then 1^st OP must have proved their contention that they have informed the change in time  of the flight either to complainant or to 2^nd OP.  Ext.A5 shows the complainants had  taken ticket in Indigo Airlines on 10/9/2019 from Kannur to Kochi by spending Rs.16215/-.  Ext.A6 shows that complainant had spent Rs.90233/- in tickets  booked in emergency and Rs.7600/- as baggage  fee.  Ext.A7 shows that the husband of the complainant sent  complaint to 1^st OP on 13/9/2019 and demanding the ticket fair  Rs.1,14,048/- spent in excess  in Indigo flight to Kochi and then an Air India flight from Kochi to New Delhi.  Exts.A8 to A10 are the e-mail conversation between complainant’s husband and 1^st OP in which it is revealed that 1^st OP had not informed the new re-schedule time to complainants.  The complainant’s husband had stated that Air India should not have issued tickets without receiving all the contact information  from passengers to  communicate such critical information.  Considering the above said statement, if 1^st OP collected the contact information from passengers before issuing ticket, the situation arised to complainants could have been avoided.  In Ext.A12 Civil Aviation notification clause 3.3.1 says “ In order to reduce inconvenience caused to the passengers as a result of the cancellations of the flights on which they are booked to travel, airline shall inform the passenger of the cancellation at least two weeks before the scheduled time of departure and arrange alternate flight/refund as acceptable to the passenger.  In case the passengers are informed of the cancellation less than two weeks before and  upto 24 hours of the scheduled time of departure, the airline shall offer an alternate flight or refund the ticket, as acceptable to the  passenger.

3.32.  Passengers who have not been informed as per the provisions contained in Para 3.3.1 or missed the connecting flight booked on the same  ticket number of an airline, the airlines shall either provide alternate flight as acceptable to the passenger or provide compensation in addition to the full refund of air ticket.

3.4.2: When domestic flight is expected to be delayed  for more than 6 hrs from the published scheduled time of departure or previously revised departure time(communicated more than 24 hours prior to original scheduled departure time) airlines shall offer an option of either  an alternate flight within a period of 6 hours or full refund of ticket to the passenger.

3.4.3: When total delay is more than 24 hrs from the published scheduled time of departure or more than 6 hrs for flights scheduled to depart between 2000 and 0300 hrs, passenger shall be offered facility in accordance with the provisions of para 3.7.1(b) of  this CAR.

3.6.1: The compensation referred to in para 3.2.2 and 3.3.2 shall be paid in cash, by bank transfer or with the signed agreement of the passenger in the form of travel vouchers.

   Here it is seen that 1^st OP had not informed to the complainant about the  re-schedule in time of flight or not provided alternative flight, or  not provided compensation  in addition to the full refund of air ticket.  So 1^st OP had violated the mandatory condition specified in Civil Aviation Requirements notification.  Further, it can be seen that 1^st OP had made payment of the  flight ticket Rs.21192/- to the complainants only on 16/11/2019.  It is seen that instead of Rs.21,192/- , complainant had to spent Rs.1,14,048/-.  Hence it is evident that there was gross deficiency in service  and negligence on the part of  1^st OP.

      Through Exts.A1 to A11 complainant has proved her case.  1^st OP has not  adduced any evidence.  So we are of the opinion that there is deficiency in service on the part of 1^st OP.  Hence 1^st OP will have to compensate the complainant for the mental agony , monetary loss and hardship caused to the complainants.

       In the result complaint is allowed in part.  1^st Opposite party is directed to pay Rs.1,50,000/- to complainants towards compensation and monetary loss happened to the complainants  for their deficiency in service.  The amount shall be paid within one month from the date of receipt of this order, failing which the awarded amount carries  interest @12% per annum from the date of order till realization. Complainant is at liberty to file execution  application  against 1^st Opposite party for realization of the  awarded amount as per provisions  in Consumer Protection Act 2019.

Exts:

A1- Power of attorney

A2- E-ticket copy

A3-E-ticket details

A4-Traveller intimation copy(subject to proof)

A5-ndigo Airlines ticket copy

A6-chalan  details

A7-complaint to 1^st Op copy

A8 to A10-Reply by 1^st OP dtd.13/9/19 ,17/9/19,18/9/19

A11- India Govt. Civil  Aviation chart(passengers chart)

A12- Civil Aviation Requirements notification Dtd.6/8/2010

PW1-Rajendrakumar.M.K-PA holder of  complainant

Sd/                                                             Sd/                                                   Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR