MRS. NEENA SANDHU, MEMBER

1.    This is an appeal filed by the complainant against order dated 29.9.2009 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (for short hereinafter to be referred as District Forum) passed in complaint case No. 548 of 2009.

2.       Briefly stated the facts of the case are that the complainant had booked the four tickets from OPs @ Rs.11,750/- and paid a total sum of Rs.47,000/- for his journey from Chandigarh to Kolkata (26.12.2008 flight No.9H171/331) and back (29.12.2008 flight No.9H172/332 Kolkata to Chandigarh). During return journey from Kolkata to Chandigarh, the flight was scheduled to take off from Kolkata at 1:40 hrs but it took off at night and that too with boarding passes from Kolkata to New Delhi only in place of Kolkata to Chandigarh. It was submitted by the complainant that flight was landed at Jaipur instead of Delhi at 02:00 hrs in the night, which caused lot of inconvenience suffered by the complainant and his family members. The complainant requested the OP to arrange their comfortable journey from Jaipur to Chandigarh by air and if it was not possible then at least the OPs should have provided AC Buses with confortable seats for their journey at night. It was alleged that they were forced to travel in an ordinary bus during chilled night from Jaipur to Delhi, which caused lot of inconvenience suffered by the complainant and his family members. The OP failed to make any alternative arrangement from Delhi to Chandigarh, due to which they had hired a taxi from Delhi to Chandigarh and paid a sum of Rs.2400/-. Due to the inconvenience, the complainant and his family members confined to bed for about 10 days. The children also did not attend their studies and the complainant could not attend his business affairs. The complainant served a legal notice dated 28.1.2009 through registered cover AD but to no avail. The aforesaid act of OPs amounts to deficiency in service and unfair trade practice. Hence, the complaint was filed.

3.       Reply was filed by OPs and pleaded that on 29.12.2008 due to fog/non-visibility the flight took off at late and when the flight reached Delhi Airport, the Air Traffic Control did not grant permission for landing and the flight was landed at Jaipur Airport. It was also pleaded that the transfer of flight was beyond the control of OPs and the OPs were ready to provide bus but the complainant had taken their luggage from OPs at their own sweet will. All the material allegations leveled by the complainant in the complaint were controverted and pleaded that there was no deficiency in service on their part and prayed for dismissal of the complaint.

4.    The parties led their evidence in support of their contentions.

5.    The learned District Forum allowed the complaint and directed the OPs to pay to the complainant Rs.4500/- along with litigation costs of Rs.500/- within 30 days from the date of receipt of copy of this order, failing which they would be liable to pay the same along with penal interest @ 12% p.a. since the filing of the present complaint i.e. 21.4.2009 till its actual payment to the complainant.

6.       Aggrieved by the order passed by the learned District Forum, the present appeal filed by the complainant in which it has been stated that the learned District Forum has failed to take into consideration the documents on record. As per the schedule mentioned in the tickets, the flight was to take off from Kolkata at 12:40 hrs and it was to land at Chandigarh at 6.30 hours. As per boarding pass, the departure time mentioned as 19:40 hrs and the OPs failed to explain the delay from taking off from Kolkata at 7:40 hrs in the evening instead of 12:40 hrs in the afternoon. The OPs did not explain the delay of 7 hours from taking off from Kolkata and further the boarding passes have been issued from Kolkata to Delhi only and not upto Chandigarh. The question of fog can arise in the evening time and the flight was to take off from 12:40 hrs from Kolkata and at that time there was no fog either at Kolkata or at Delhi. In its reply, the OPs agreed to refund the air fare from Jaipur to Chandigarh but the learned District Forum has awarded only Rs.2100/- for four tickets whereas the appellant was entitled for the refund of air fare journey from Jaipur to Chandigarh as he has paid Rs.47,000/- for the purchase of tickets and this fact has not been taken into consideration by the learned District Forum. The learned District Forum failed to take into consideration the fact that after the flight landed at Jaipur at 02:00 hours in the night the OPs did not make any arrangements for the stay of the appellant and his family members and they were forced to travel in ordinary bus during chilled night from Jaipur to Delhi. It has been submitted by the appellant that after spending a horrible night in this bus, the appellant and his family members were treated very shabbily and no arrangements were made for their journey from Delhi to Chandigarh. The learned District Forum did not award an compensation to the appellant on account of mental harassment and tension and further the appellant and his family members confined to bed due to cold. The learned District Forum failed to compensate the appellant the amount which he had spent on the tickets and the appellant is entitled for the amount equivalent to the amount as air fare from Jaipur to Chandigarh. The OPs have also agreed to refund the air fare from Jaipur to Chandigarh whereas only a nominal amount of Rs.2100/- has been awarded for four tickets. Hence, it is prayed that appeal may kindly be accepted and the impugned order passed by the learned District Forum may kindly be modified.

7.    We have heard Sh.Sanjeev Trikha, Advocate for the appellant and none had appeared on behalf of respondents. Hence, they were proceeded against exparte.

8.    After hearing the learned counsel for the appellant and perusal of the record, we have observed as per the contention of the appellant/complainant booked four tickets @ Rs.11,750/- per ticket and paid a sum of Rs.47,000/-. During return journey, from Kolkata to Chandigarh, the flight was scheduled to take off from Kolkata at 12:40 hrs, but it took off at night and that too with boarding passes from Kolkata to New Delhi only in place of Kolkata to Chandigarh. Thereafter the flight instead of landing at Delhi, landed at Jaipur at 2.00 hrs in the night, which caused lot of inconvenience to the appellant/complainant and his family members. On the other hand, the OPs pleaded that on 29.12.2008 due to fog/non-visibility the flight took off at late and when the flight reached Delhi Airport due to fog/non-visibility, the Air Traffic Control (ATC) did not grant permission for landing and the flight was landed at Jaipur Airport. It was also pleaded that the transfer of flight was beyond the control of OPs and they were ready to provide bus, but the appellant/complainant had taken their luggage from OPs at their own responsibility and of their own will. The appellant/complainant and his family members traveled by ordinary bus from Jaipur to Delhi from where they took a taxi fro which they paid Rs.2400/- and the learned District Forum has allowed the complaint with the direction to the OPs to pay the complainant an amount of Rs.4500/- along with litigation costs of Rs.500/-.

9.    After going through the facts and the argument put forward by the learned counsel for the appellant/complainant, we have come to the conclusion that definitely there is a deficiency in service on the part of OPs as the OPs did not make any proper arrangement either for stay at Jaipur as the flight landed at midnight i.e. 2.00 AM nor the OPs made any comfortable arrangement to proceed further for the rest of the journey from Jaipur to Chandigarh. Keeping these facts into consideration, we are of the view that the learned District Forum has rightly observed that there is a deficiency in service on the part of OPs but as regards to the quantum of compensation awarded by the learned District Forum to the tune of Rs.4500/- along with litigation costs of Rs.500/-, we are of the view that it is on the lesser side. Therefore, the prayer made for enhancement of compensation is accepted and the appellant along with his family members are at least entitled for an compensation to the tune of Rs.5,000/- for the journey from Jaipur to Chandigarh. With these observations, we allow the appeal and directed the OPs to pay the following amounts to the complainant.

1.    To pay Rs.5,000/- for the journey from Jaipur to Chandigarh.

2.    To pay Rs.15,000/- for mental and physical harassment.

3.    To pay Rs.5,000/- as litigation expenses.

The OPs are directed to comply with the aforesaid order within one month from the date of receipt of copy of order, failing which interest @ 12% will be charged.

11.       Copies of this order be sent to the parties, free of charge.  

Pronounced.

29^th April, 2010.