THE PRESIDENT

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA : AGARTALA

 

 

CASE No. CC- 30 of 2019

 

1. Sri Haribal Debnath,

S/O- Lt. Debendra Chandra Debnath,

Jail Ashram Road, P.O.- Dhaleswar,

P.S. East Agartala, Tripura West-799007.

 

2. Lutfur Rahman Khadim,

S/O- Late Gofran Miah Khadim,

Resident of West Joynagar, Road no.10,

P.O. Agartala, P.S. West Agartala,

Tripura West. ...….................Complainant.

 

 

-VERSUS-

 

 

1. The Chairman Cum Managing Director,

Air India Ltd., Airlines House,

113, Gurudwara Rakabganj Road,

New Delhi and another.

 

 

2. The Station Manager, Air India Limited,

Maharaja Birbikram Kishore Manikya 

Bahadur Airport, Narsinghar,

P.O. Airport, 799009, West Tripura.  ..................Opposite Parties.

 

 

 

     __________PRESENT__________

 

 

 SRI RUHIDAS PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION

      WEST TRIPURA, AGARTALA. 

 

 

Dr (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.

 

 

SRI SAMIR GUPTA,

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.

 

 

 

 

 

C O U N S E L

 

 

For the Complainant : Mrs.Uma Chandra,

  Mr. Dripta Pratim Ghosh,

  Learned Advocates.

    

For the O.P.  : Mr. Pradip Chakraborty,

  Learned Advocate.

 

 

 

 

 

JUDGMENT  DELIVERED  ON :  17.12.2021

 

J U D G M E N T

The Complainants' case in short is that the complainants are advocates by profession and both are practicing as lawyers in the High Court of Tripura and also in the subordinate courts of Tirpura. That both the complainants purchased air tickets on 21.11.2018 through agents, Banik & Sons, Agartala for travelling from Delhi to Agartala on 28.12.2018 by connecting flight of Air India vide flight no- AI 401 from Delhi to Kolkata and Air India flight no- AI 743 from Kolkata to Agartala. The price of the air tickets for both the complainants was Rs.14,612/-. That the departure time of Air India flight no-AI 401 on 28.12.20218 from Delhi to Kolkata was Scheduled at 6.50 A.M. and the departure time of AI 743 from Kolkata to Agartala was scheduled at 9.55 A.M. on 28.12.2018. Both the complainants arrived at Delhi airport early in the morning and reported to the Airlines authority and accordingly boarding passes were issued in favour of the complainants for both the flights. Though the flight no-AI 401 was scheduled to depart from Delhi to Kolkata at 6.50 A.M. but it had departed Delhi Airport at 8.50 A.M. i.e., delayed by two hours. The complainants expressed their anxiety before the Air India authority at Delhi to which the Air India authority assured the complainants that there would be no problem for delay departure of flight no AI- 401 and also assured that if the complainants failed to avail flight no- AI 743 from Kolkata to Agartala, the Kolkata office of Air India will arrange the next flight for their journey from Kolkata to Agartala on the same day. The complainants showed their boarding passes for their journey from Kolkata to Agartala but the staffs of the Air India counter of Kolkata told the complainants that the flight no- AI 743 had already departed from Kolkata to Agartala. The complainants requested the authority to arrange their journey from Kolkata to Agartala by the next flight as the complainants have pre-scheduled urgent works at Agartala on the same day but the authority of Kolkata Airport refused to make such arrangement and as such under compelling circumstances both the complainants purchased air tickets from Kolkata to Agartala on 28.12.2018 by flight no- 6E 321 which departed from Kolkata to Agartala at 13.10 hours i.e.,  at 1.10 P.M. on 28.12.2018. The total price of the said tickets was Rs.19,732/-. After arriving at Agartala the complainant handed over the photocopies of the tickets in which the Deputy Manager endorsed the note that they will refund the full price of the ticket for mis-connection from AI 401 but a single farthing has not been refunded by the Air India authority to the complainant through the agent. It is stated by the complainants that the Air India authority harassed the complainant by not providing them to travel from Kolkata to Agartala by Air India flight no. A 745 on 28.12.2018. Such kind of refusal  is unwanted and great deficiency of service on the part of the O.P. It is also stated by the complainants that they had pre-scheduled program on 28.12.218 relating to their profession at Agartala at 11.30 A.M. But due to the aforesaid delay in arriving at Agartala the complainants could not attend the said program following which they had to face a great financial loss. They suffered a lot of mental tension and also got shocked due to the non-cooperation of the Air India authority in providing service as per terms and conditions of the air tickets. Finding no other alternative the complainants had been compelled to prefer the instant complaint before this court for remedy. Thus, the complainant filed this case before this Commission praying for directing the O.Ps to refund the price of the air tickets Rs.19,732/-, Rs. 50,000/- for deficiency of service on the part of the O.Ps, Rs.50,000/- for mental sufferings and Rs.50,000/- for professional loss and for litigation cost Rs.20,000/- along with interest @ 12% per annum.  

 

2. The O.Ps appeared and filed written objection denying all the allegations made by the complainants in their complaint petition. They have stated that the complaint is not maintainable in law. The the complaint is vexatious, frivolous, baseless, imaginary, suppression of material facts and liable to be rejected. The complaint petition are the matters of record and moreover the agent namely, Banik & sons are not the authorized IATA agent, rather it is an agent of the passengers. Air India Authority did not assure that there would not no problem for delay departure of Flight No. AI 401 and/or that if the complainants failed to avail Flight No. AI 743 from Kolkata to Agartala, the Kolkata office of Air India will arrange the next flight of Air India for their journey from Kolkata to Agarala on the same day. Air India authority had no control over the complainants who have availed the Indigo flight. The flight no- AI 745 was fully booked and no confirmed passenger of that flight could be denied to accommodate any other passenger. However, against last minute cancellation and 'No Show', in that case complainants could be accommodated on top priority basis. The complainants of their own purchased the air tickets of Indigo flight in which the O.Ps have no control. It is also denied by the O.Ps that as per terms and conditions of Air tickets, the Air India Authority was not bound to make arrangement for travelling of the complainants from Kolkata to Agartala. There is no deficiency of service or any negligence on the part of the O.Ps and the complaint cannot stand in the eye of law. Hence, they prayed for rejecting the complaint filed by the complainants.     

 

3. EVIDENCE ADDUCED BY THE PARTIES:-

Both the complainant no. 1 and 2 submitted their examination in chief on affidavits as P.W. 1 & P.W. 2. respectively.  They have also produced 12 documents which are marked as Exhibit- 1 Series. They are also cross-examined by the O.Ps.  

 

On the other hand, O.P. submitted examination in chief on affidavit of one witness namely Sri Sujoy Ghosh, Station Manager of Air India Ltd. Also produced 6  documents which are marked as Exhibit- A Series. The witness was also cross examined by the complainant side. 

 

 

4. POINTS TO BE DETERMINED: - 

(ii) Whether there is deficiency of service on the part of the O.Ps?

  (iii) Whether the complainant is entitled to get compensation/ relief as prayed for?

 

5. ARGUMENTS: - 

We have heard arguments of both side at length. At the time of argument Learned counsel Mr. Dripta Pratim Ghosh submitted that both the complainants are renowned lawyer practicing at Tripura High Court as well as District Courts. The flight No- AI 401 was scheduled to depart from Delhi to Kolkata at 6.50 A.M. But it was departed at 8.50 A.M. i.e., delayed by 2 hours. Due to delay departure of flight no- AI 401 complainants could not reach connected flight no- AI 743 from Kolkata to Agartala. O.P. Air India Kolkata office also did not arrange for them any flight of air India for their journey from Kolkata to Agartala on the same day i.e, on 28.12.2018. Complainants requested the authority to arrange their journey from Kolkata to Agartala by the next flight as the complainants have pre-scheduled urgent work at Agartala on the same day but the  Air India authority of Kolkata Airport refused to make any arrangement. The behaviour and the conduct of the O.P. amounts to deficiency of service and both the complainants are entitled to get compensation for causing harassment as well as mental anxiety. On the other hand Mr. P. Chakraborty appearing for the O.Ps submitted that the O.Ps are not liable to pay any compensation for causing any delay of any flight as per provision of  Sub-Rule 3 of Rule 3 of Indian Airlines Non International Carriage(Passenger and Baggage) Regulations 1980. He further submitted that the ticket issued by the air India shall be subject to rules. Mr. Chakraborty also submits that the complainants failed to adduce any evidence about their loss of profession. So, the complaint petition is liable to be dismissed. 

 

7. DECISION AND REASONS THEREOF:-

We have carefully gone through the pleadings of both parties as well as evidences adduced by them. From written objection we find that it is admitted fact that there was 2 hours delay of Flight no- AI 401 from Delhi to Kolkata. It is also admitted fact that there was a connected flight of the same airlines from Kolkata to Agartala and boarding card was also issued to both the complainants from Delhi Airport in connection with flight no- AI 743 for Kolkata to Agartala(connecting flight). 

    Complainant Haribal Debnath in his examination in chief on affidavit stated that they have purchased air tickets on 21.11.2018 through agent for travelling from Delhi to Agartala on 28.12.2018 by connecting flight of Air India Flight no- AI 401 from Delhi to Kolkata and Air India Flight no- AI 743 from Kolkata to Agartala. The total  price of the said air tickets for both of them was Rs.14,612/-  that is Rs.7,306/- per ticket. He further deposed that time of departure of Air India Flight no- AI 401 on 28.12.2018 from Delhi to Kolkata was scheduled at 6.50 A.M and the departure time of AI 743 from Kolakta to Agartala was scheduled at 9.55 A.M. on 28.12.2018. He further deposed that Flight no-AI 401 had departed  at 8.50 A.M. that is delayed by 2 hours. As the flight was delayed they expressed their anxiety before the Air India Authority at Delhi to which the Air India authority assured that there would be no problem of for delay of departure of Flight no. AI 401 and also assured that if they failed to avail  Flight no- AI 743 from Kolkata to Agartala, the Kolkata office of Air India will arrange the next  flight of Air India for their journey from Kolkata to Agartala on the same day. He further deposed that after reaching Kolkata Airport they had reported in the counter of Air India Authority at Kolkata Airport and showed their boarding passes which was issued from Delhi Airport counter of Air India for their journey from Kolkata to Agartala but staffs of the Air India of Kolkata told them that the flight bearing no- AI 743 had already departed from Kolkata to Agartala. In such a situation both of them requested to the authority to arrange journey from Kolkata to Agartala by the next flight but Kolkata Air India Authority refused to make such arrangement. As a result under compelling circumstances both the complainants purchased air tickets from Kolkata Airport Counter of Indigo for their journey and the cost of the tickets of their journey was Rs.19,732/- . It is also deposed that not a single farthing was refunded by the Air India Authority though the tickets were endorsed a note'' full refund due to mis-connection from AI 401''. It is further deposed that they have suffered a lot of mental tension and also got shocked  due to non cooperation of Air India Authority in providing service as per terms and conditions of the air tickets. 

Complainant no. 2, L.R. Khadim also deposed in the same tune of P.W.1. 

On the other hand D.W. 1, Sri Sujoy Ghosh stated that Air India authority did not assure the complainants that arrangement of next flight will be made if they failed to avail their connected flight. D.W. 1 further stated that next flight no- AI 743 was fully booked and confirmed passenger of that flight could not be denied to accommodate any other passenger. It is further deposed that complainants purchased their tickets of Indigo flight of their own and for that Air India Authority had no control. D.W. 1 deposed that there was no deficiency of service or negligence on the part of the O.Ps. 

 

8. From the oral evidences as well as documentary evidences that is Exhibit- 1 Series & Exhibit- A Series, we find that Air India Authority had failed to show the reasons for delay. The Exhibit- 1 Series of documents that is the Boarding Card issued in favour of the complainants from Delhi Airport Counter shows that O.Ps have issued Boarding Card of connecting flight also from Delhi Airport. Obviously it is the duty of the Air India Authority to make suitable arrangement for the next flight or any other flight  coming to Agartala as both the complainants were given boarding card.  From the evidence we find that the Air India authority failed to give proper service to their passengers. Rather  complainant were compelled to purchase air tickets from another airlines for their coming to Agartala on the same date. We are unable to accept the submission of Mr. Chakraborty that the Sub-Rule 3 of Rule 3 Indian Airlines Non-International Carriage (passenger and baggage) Regulations 1980 exempted the Air India Authority for making any payment of compensation for deficiency of service. Consumer Protection Act is a special law and it is enacted for the for the benefit of the consumers. 

9. On over all appreciation of evidences of both sides we are in the opinion that O.Ps have failed to render proper service to the complainants as they are bonafide passengers of Air India Authority for flight no- AI 743. The conduct and behaviour of the O.Ps  amounts to deficiency of service. Both the complainants are entitled to get the cost of purchase of Indigo tickets that is total Rs.19,732/-(Indigo flight) both the complainants are also entitled to get Rs.20,000/- each for their mental sufferings as well as anxiety, they are also entitled to get Rs.10,000/- each for their professional loss. They will also get litigation cost of Rs.10,000/-. In total O.Ps will pay Rs.19,732/- + Rs.40,000(Rs.20,000 x 2) + Rs.20,000/-(Rs.10,000/- x 2) + Rs.10,000/- = Rs.89,732/-. O.Ps are directed to make the payment of Rs.89,732/- within 2 months from this date of judgment. In case they fail to comply the order the total amount will carry interest @ 6% P.A. from the date of filing of the complaint i.e., 30.04.2019. Thus, the complaint petition is partly allowed. Supply copy of this judgment to both the parties free of cost.    

 

Announced.

 

SRI R. PAL

PRESIDENT, 

DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

 

Dr (SMT) B. PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

 

SRI SAMIR GUPTA,

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.