FINAL ORDER / JUDGEMENT
SMT. SUKLA SENGUPTA, PRESIDENT
The complainants have filed this case U/s 35 of CP Act 2019 as amended up to date with an allegation that the OPs are engaged within the business of the supporting and auxiliary transport activities and activity of travel agency under the named style Go Airlines (India) Ltd. a company in corporate under the Companies Act, 1956 having its registered office as well as its branch office address as mentioned in cause title of the petition of complaint.
The complainant’s are residing within the jurisdiction of this commission which attracted the territorial jurisdiction of this commission to try this case. It is further stated by the complainant that the complainant 2 and 3 jointly and severally have authorised the complainant No. 1 to file this case on their behalf.
The further case of the complainants is that on 19.04.2022 they had booked the flight tickets of Go Airlines for travelling of Srinagar to Kolkata on 16.06.2022 through Makemy Trip website and thereafter got the Itinerary with details of the flight. The copy of the itinerary dated 19.04.2022 is annexed thereto as annexure “A”. The complainants further stated that Makemy Trip is a limited liability upon the user and service provider being the OP herein. After getting the said itinerary and after going the same it was learnt that firstly petitioners need to board in Go first flight being G8-193 vide PNR No. TY7VJW from Srinagar to Delhi which was scheduled for departure at 11.30 hrs and shall arrived to Delhi at 13.10 hrs. with a layover in Delhi for 2 hrs and 30 minutes thereafter will get another flight from Delhi to Kolkata in Indigo flight being flight No. 6E-2082 vide PNR No. BQES7A which was scheduled for departure at 15.20 hrs which shall arrived at Kolkata at 17.25 hrs.
It is further case of petitioner that they arrived at Srinagar Airport on schedule time dated 16.06.2022 to board the said flight being flight No G8-193 and boarded the flight from Srinagar airport to Delhi . The complainant further stated that the said flight arrived at Delhi Airport with 2 and half hrs delay approximately and the representative of the said airlines failed to give any satisfactory reasons for such delays and thereafter the complainants being the senior citizens along with all bag and luggage’s rushed to board the connecting flight from Delhi to Kolkata but the security checking counter of the flight got closed and the complainants were denying boarding due to their late arrival without having any fault or negligence on their part.
Then the complainants made contact with the representatives of the OPs for providing them alternate accommodation as they did not board the connecting flight due to such inordinate delay in the flight of the OP. The representatives of the OP Co. and the complainant being a senior citizen suffered physical discomfort due to such long delay and also caused the mental agony due to undue hardship.
The complainants repeatedly requested the representatives of the OP for making alternate arrangement for their back home but they refused and then the complainants without having any other alternative booked another flight from Delhi to Kolkata being N o. 6E-2057 by making additional payment by cash and the boarding time was 17.55 hrs which was finally departed at 18.40 hrs approximately and arrived at Kolkata Airport at about 21 hrs. approximately.
Then the complainants being dissatisfied with the misdeed of the OP served a lawyer notice upon them on 01.08.2022 and requested the OP to pay compensation to the tune of Rs. 1,00,000/- each to the complainants due to their deficiency in service and unfair trade practice.
The said lawyers notice dated 01.08.2022 has been marked as annexure “B”.
The computer generated print of the rules under the flight cancellation/rescheduling deprived from the official website of Go Airlines is annexed hereto as annexure “C”.
Hence, the instant petition of complaint as filed by the complainant
with a prayer to give direction to the OPs to pay compensation to the tune of Rs. 1,00,000/- each to the complainants ie Rs. 3,00,000/- along with litigation cost of Rs. 10,000/- only .
From the material on record, it appears that the case do runs ex parte against the OPs as they did not appear before this commission by filing WV.
In view of the above stated pleadings the points of considerations are as follows:-
- Is the case maintainable?
- are the complaint a consumer
- Is there any deficiency in service on the part of the OPs?
- Are the complainant entitled to get relief as prayed for.
Decision with Reasons
All the points of considerations are taken up together for convenience of discussions and to avoid unnecessary repetitions.
On a close scrutiny of material as well as evidence on record, it appears that the case is well maintainable in all respect in the eye of law and the commission has ample jurisdiction to try this case.
From the documents as submitted by the complainant, it appears that the complainants purchased/booked the Air ticket from the OP on 19.04.2022 for travelling Srinager to Kolkata on 16.06.2022 through Makemy Trip website (annexure A) since then the complainants are the consumer and the OP Go Airlines is the service provider.
Form the unchallenged evidence of the complainant, it is found that the complainant arrived at the Srinagar Airport on schedule date ie 16.06.2022 to board the flight No G8-193 in time but the said flight No. G8-193 arrived at Delhi Airport with a delay of two and half hours for such reason the complainants could not be able to board the next flight from Delhi Airport to Kolkata which caused their physical as well as mental harassment and also monetary loss. The complainants repeatedly requested the representatives of the OP Airlines to make arrangement for their return but they did not lent their ear to the request of the complainant which caused additional harassment to the complainants and they compelled to purchase new ticket for travelling to Delhi to Kolkata. This is no reason to disbelieve this unchallenged evidence in support of the complaint as adduced by the complainants which proved that there was deficiency in service on the part of the OPs which caused harassment, negligence, mental pain and agony also caused monetary loss that should be compensated by the OPs.
On the basis of discussion made above, it is held by this commission that the complainant could be able to prove their case beyond all reasonable doubts and are entitled to get relief as sought for.
The case is properly stamped.
Hence
Ordered
that the case be and the same is decreed ex-parte against the OPs with cost of Rs. 5,000/-.
The complainants do get the decree in ex parte as prayed for.
The OPs are directed to give compensation to the complainants of Rs. 15,000/- each ie in total of Rs. 1,50,000/- and litigation cost of Rs. 3,000/- within 45 days from this date of order ie the complainants are liberty to execute the decree as per law.
