Date of filing: 23/06/2022
Judgment date: 15/05/2023
Mrs. Sashi Kala Basu, Hon’ble President
This complaint is filed by Sri Utpal Roy under section 35 of the Consumer Protection Act, 2015 against opposite parties (referred as OPs hereinafter) namely (1) Chairman-cum-Managing Director, Air India Ltd. and (2) General Manager, Customer Service Air India Ltd., alleging deficiency in rendering of service on the part of the OPs.
Case of the complainant in short is that on 14/04/2022 he travelled from Kathmandu (Nepal) to Kolkata (India) in Flight No. A1-0248, PNR No. ZBMMF, Seat No. 13D, official departure time 12.40 hrs. (Nepal time) and arrival at Kolkata 14.00 hrs. As per Air India Website any Air India International flight duration of which is up to 06 hours should provide 01 major meal and also liquor service will be carried out with all major meals except breakfast. But on that day i.e. on 14.04.2022 Air Hostess served only a vegetarian sandwich with tetra pack drink (180 ml) in the said flight. Several passengers including the complainant raised voice asking for providing major meal including liquor as per Air India Website but Air Hostess did not bother. So complainant subsequently on 18.04.2022 sent a written email to the Chairman & Managing Director Air India and also sent a written complain on 26.04.2022 to the Deputy Director, Ministry of Civil Aviation, Govt. of India, New Delhi. On 26.04.2020 complainant received a reply mail from one Ms. Sandhya Mishra, Assistt. Manager (C.S.) Air India Ltd. stating that they have investigated the complain by the complainant and regretted that on board service was not as per his expectation. It was further stated that due to the short flight duration time & very less level flying time available for the service compounded with turbulence due to weather, the full service and bar service is very difficult to carry out. Enforcing the same may result in haphazard service and undue breach of safely protocols. She also mentioned that they hope to implement the full meal service along with Bar service on the said sector at the earliest. Said Assstt. Manager of Air India also submitted her unconditional apology with an assurance of an enhanced experience next time complainant flies with Air India. But the complainant when again travelled on 18.06.2022 from Kathmandu to Kolkata by Air India Flight No. A1-248, PNR No. 6AJGDV, 5D, same vegetarian sandwich and Tetra Pack drink was served. So the present complaint is filed praying to direct the OPs to return the Airfare of Rs. 10,707/- due to their unfair trade practice.
On perusal of the record, it appears that as OPs did not turn up on service of notice, case has been heard exparte.
During the course of trial, complainant filed the relevant documents relied upon by him and also filed a petition stating there is nothing further to argue as the entire facts has been narrated in the complaint.
So the following points require to be determined:-
- Whether there has been unfair trade practice on the part of the OPs?
- Whether the complainant is entitled to the reliefs as prayed for?
DECISION WITH REASON
Both the points being inter related are taken up together for discussions.
At the very outset it may be pertinent to point out that the complainant has filed the Flight ticket and boarding pass wherefrom it is evident that on 14.04.2022 complainant travelled by Air India Flight No. A1-248 from Kathmandu to Kolkata. Its departure time was 12.40 P.M. from Tribuvan Airport Kathmandu (Nepal) and arrival time at Netaji Subhas Chandra Bose International Airport (CCU) Kolkata at 2.00 P.M. So apparently there cannot be any dispute that complainant had hired the service of Air India Ltd. and thus a consumer under the provision of Consumer Protection Act, 2019.
Now coming to the merits of the case, in support of his claim, complainant has filed the document captioned as ‘Inflight Experience’ taken from the website of Air India. It is categorically stated in the said document regarding the ‘Timing for Passenger Meal on International Flights’ Lunch ’12.30 hrs. to 15.00 Hrs LT’. It is more specific further that “Meals provided on International Flight” up to 06 hrs ‘one major meal’. It is also categorically stated that “Liquor service will be carried out for all major meal services except for breakfast”.
Complainant has filed the reply sent through e-mail by Sandhya Mishra, Assitt. Manager (Traffic Services) for Air India Ltd. in response to the complain by the complainant wherefrom it appears that the aforesaid document in their website has not been denied and disputed. On the contrary she has stated that requisite amendment shall be done on the A1 website. If that be so than the complainant has rightly claimed that he and the other passengers were entitled to the major meal and the liquor service but they were not provided. It is a known fact that Nepal time is 15 minute ahead of Indian time. Even otherwise also as the departure time of the flight was 12.40 hrs. and arrival at 2.00 p.m. than the lunch or major meal was required to be served which admittedly was not done.
The reply dated 26/04/2022 by Smt. Sandhya Mishra Assitt. Manager, regarding the reason for not providing major meal and liquor, seems to be contradictory. According to her due to short flight duration time and very less level flying time available for the service, compounded with turbulence due to weather, the full meal service and bar service is very difficult to carry out as enforcing the same may result in haphazard service and undue breach of safety protocols. But at the same time she has also stated that they would like to share that they are already in process to plan a full meal service along with Bar service on this sector as well.
If according to the OPs they are in process to start full meal service and liquor service in the said sector than their contention that for short flight duration time and undue breach of safety protocol, it was difficult to carry out full meal service and bar service cannot be accepted. It is not explained that with the same amount of time and safely protocols, how they plan to start full meal service and liquor service. So apparently it is not only a case of deficiency in service but an unfair trade practice on the part of the OPs. They misled and misrepresented the passengers by stating all that amenities in their website which actually was not provided. So complainant is entitled to Rs. 10,707/- as prayed by him. However since complainant did travel in the said flight, entire Airfare cannot be refunded but he is entitled to the said sum as prayed by him towards deficiency in service on the part of the OPs. Complainant has stated that the said amount will go to ‘Consumer Welfare Board’ and not to him, so be it mentioned that on payment of sum by OPs, complainant may deposit it wherever he deems fit.
Hence
ORDERED
CC/359/2022 is allowed exparte. Opposite parties are directed to pay Rs. 10,707/- to the complainant within 30 days from the date of communication of this order. OPs are further directed to pay litigation cost of Rs. 5,000/- to the complainant within the aforesaid period of 30 days.
