Tripura

West Tripura

CC/61/2015

Dr. Bijoy Paul. - Complainant(s)

Versus

The General Manager S&M. - Opp.Party(s)

Mr.D.D.Choudhury.

14 Jul 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA  :  AGARTALA

CASE   NO:   CC- 61 of 2015

Dr. Bijoy Paul,
S/O- Late Satyendra Ch. Paul,
Gangail Road, Opp. Ramkrishna Mission,
Agartala, P.S. West Agartala,
District- West Tripura.                ..…...Complainant.
    

-VERSUS-

The General Manager(S & M), ALL,
Air India, Eastern Region,
Airlines House,
39, Chittaranjan Avenue, 
Kolkata- 700012.                    .........Opposite parties.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the Complainant        : Sri Dip Dutta Choudhruy,
                      Advocates.

For the O.Ps                 : Sri Pradip Chakraborty,
                      Advocate.                    

        JUDGMENT  DELIVERED  ON:    14.07.16

J U D G M E N T
        Complainant Dr. Bijoy Paul filed this complaint against the General Manager, AIR India, Eastern Region, Airlines House. It was alleged that the petitioner purchased 2 tickets for him and Saswata Paul on payment of Rs.10,348/-. On the date of journey complainant checked in the Air India Kolkata airport counter to board against confirm ticket. But the Air India authority refused to take them into the Aeroplane for journey to Kolkata. Complainant then purchased another ticket in Indigo with high fare and went to Kolkata. Complainant suffered for the deficiency of service of the Air India as the confirmed ticket was not honored. He claimed excess fare Rs.6498/- and Rs.10,000 for mental agony.         
2.            Air India authority appeared, filed the W.S denying the claim. It is stated that due to overbooking the petitioner and his companion could not be accommodated in the flight for journey. Air fare was refunded and the passenger was offered compensation of Rs.2,000/- each total, Rs.4000/-. It is stated that as per rules Opposite party can not pay compensation more than Rs.4000/-.
        
3.            On the basis of the contention raised by the parties following points cropped up for determination:
             (I) Whether the petitioner suffered due to the deficiency of service by O.P.?
             (II) Whether the petitioner is entitled to get the compensation as claimed?

4.            Petitioner produced the Airlines ticket, correspondence with the General Manager, Airlines house, E-mail, air ticket, boarding pass, advocate's notice, reply, marked as Exhibit-1 Series. Also produced statement on affidavit of the complainant Dr. Bijoy Paul.
5.            O.P. on the other hand produced Civil Aviation Requirement marked as Exhibit-A. Also produced statement on affidavit of one witness, Amiya Sarkar. 
6.            On the basis of contention raised by the both the parties we shall now determine above the points.

    Findings and Decision:
7.            It is admitted fact that petitioner purchased tickets for 2 persons and total  Rs.10,348/-/- was paid to Air India authority on 5th January 2015 for availing journey on 10th January 2015. It is admitted fact that after giving boarding pass petitioner and his accompany were not allowed to board the flight for journey to Kolkata. Dr. Bijoy Paul then met with the Manager for availing journey by any other means and accordingly he went to Kolkata by availing Indigo flight purchasing the tickets for 2 persons for Rs.16,148 on the same date on 10th January 2015. 
8.            O.P. in the written statement and evidence admitted this fact and offered total Rs.4000/- as compensation. According to the O.P. as per Aviation rules they are not in a position to pay more. Civil Aviation requirement is produced. In that it is stated that in case of denying boarding for flight overbooking airlines is to levy appropriate penalty in relation to the fare. This penalty will be deducted from the fare paid by the passenger. Nowhere it is written that maximum limit is Rs.2000/- for each ticket. 
9.            In this case, it is admitted and established fact that petitioner had to pay Rs.6,498/- more for availing journey on the same date by Indigo. This amount the petitioner is entitled to get back from the Air India. Petitioner was harassed. After issue of boarding pass he was not allowed to board the air. Mentally he suffered because of it as per his claim. He then had to book ticket in another flight and went to Kolkata. For this harassment he is entitled to get Rs.15,000/- for deficiency of service. In total petitioner is entitled to get the amount of Rs.21,498/-. As the fare of the Air India ticket already refunded by Air India authority so this amount need not be paid. Both the points are decided accordingly.
10.            In view of our above findings over the points this petition is allowed. O.P. Air India is hereby directed to pay the amount of Rs.21,498/- to the petitioner within a period of 2(two) months, if not paid it will carry interest @ 9% P.A.        
    
                          Announced.

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.