Tamil Nadu

South Chennai

217/2008

S.Mohammed Ali - Complainant(s)

Versus

The Manager King Fisher Airlines - Opp.Party(s)

Mohammed Fayaz Ali

18 Jun 2018

ORDER

                                                                        Date of Filing  : 03.06.2008

                                                                          Date of Order : 18.06.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.217 /2008

DATED THIS MONDAY THE 18^th DAY OF JUNE 2018

                                 

Mr. S. Mohammed Ali,

Senior Executive,

S/o. Mr. Siddiq Ahmed,

No.16, School Road,

C.I.T. Nagar,

Nandanam,

Chennai – 600 035.                                                     .. Complainant.                                                           ..Versus..

 

The Manager,

The King Fisher Airlines Ltd.

(Formerly Deccan Aviation Ltd.)

Having Branch at:-

No.124, Bhagurelatha Residency,

Marshalls Road,

Egmore,

Chennai – 600 008.                                                ..  Opposite party.

          

Counsel for complainant           :  M/s. J. Ranjani Devi

Counsel for opposite party       :  Mr. V. Manohar

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to refund the expenditure incurred by the complainant and to pay a sum of Rs.50,000/- towards compensation for mental agony with cost and interest at the rate of 12% p.a. to the complainant.

1.    The averments of the complaint in brief are as follows:

The complainant booked a ticket from the opposite party for travel dated:23.01.2008 from Chennai to Udaipur via Mumbai through the Yatra travel agent.The schedule time for the opposite party’s flight is at 09.10 a.m. which was delayed due to bad weather and the flight was started at 10.25 am from Chennai and reached Mumbai at 12.15 afternoon.The complainant from Mumbai was to take other flight of the opposite party and the departure was stated as 01.00 p.m. on 23.01.2008.The complainant further submits that he has reported at the boarding counter by 12.35 pm.The official at the boarding counter denied the complainant to board the flight from Mumbai to Udaipur despite of the fact that the complainant had reported at the boarding counter in advance. While so, it was announced that Mumbai to Udaipur flight was filled up completely and the complainant was denied to board the flight for continue his journey from Mumbai to Udaipur.When the complainant questioned the same with the opposite party officials regarding the denial of journey, the opposite party agreed to refund a sum of Rs.5,625/-.Thereby, the complainant was put to run from pillar to post resulting that the complainant had to take ticket from Jet Airways on payment of Rs.4,800/- and performed the journey in order to attend the meeting etc.Thereafter, the opposite party sent only a sum of Rs.3825/- alleging that the ticket fare from Mumbai to Udaipur which was also received by the complainant.But the complainant expended a sum of Rs.4,800/- towards ticket for journey from Mumbai to Udaipur in Jet Airways.Further the complainant submits that the act of the opposite party is most unfair since the opposite party has not accommodated the complainant in the scheduled flight after issuing ticket.Further the complainant states that the opposite party evenfter assuring a sum of Rs.3,600/- + Rs.3025/- towards ticket from Mumbai Udaipur without any reason refunded only a sum of Rs.3,825/- reducing Rs.1,800/-.But the complainant expended a sum of Rs.4,800/- towards ticket fare from Mumbai to Udaipur in Jet Airways.Therefore the complainant issued legal notice dated:08.02.2008 for the refund of the ticket fare as promised by the opposite party.But the opposite party has not come forward to comply for the demands.Hence the complaint is filed.

 

2.     The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegations made in the complaint and puts the complainant to strict proof of the same.The opposite party states that the complainant booked ticket through yatra.com on 21.01.2008 on flight No. IT 182 (Chennai – Mumbai) and Flight No.IT 171 (Mumbai – Udaipur) journey dated:23.01.2008 and return journey on 26.01.2008 in the same sector and paid a sum of Rs.7,650/-, besides tax and the sector wise break up of the same is reads as follows:

23.01.200 8Chennai/Mumbai180020253825Used

1.  
2.  
3.  
4.  

Service Tax45

 

3.     Further the opposite party states that while departure of IT 182 from Chennai on 23.01.2008 there was a delay due to operational reason and some delay caused in the incoming flight due to heavy air traffic congestion  thereby, a delay of 33 minutes caused.  Further the opposite party states that the flight departed from Chennai Airport at 9.43 a.m. on 23.01.2008 to Mumbai and reached Mumbai Airport at 11.35 a.m. much before the departure flight No.IT 171 which was scheduled to fly from Mumbai to Udaipur.  Further the opposite party states that the departure of flight No.IT 171 from Mumbai to Udaipur was at 01.00 p.m., but the complainant did not report to the counter of the said flight within time for the reasons best known to him.  The complainant had reported the boarding gate only after 12.45 p.m. when the gate was already closed and the flight was ready for departure.  Hence the complainant was ‘Gate – No – show’ passenger at Mumbai Airport.   Further the opposite party states that as a goodwill and gesture, the opposite party refund a sum of Rs.3,825/- the cost of ticket including tax.   Further the contention of the opposite party is that the allegation of unfair trade practice and deficiency in service, are imaginary and the claim of compensation of Rs.50,000/- towards mental agony is highly exorbitant.  Therefore there is no deficiency in service on the part of the opposite party.   Hence the complaint is liable to be dismissed.

4.     In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A5 are marked.  Proof affidavit of the opposite party filed and no documents filed and marked on the side of the opposite party. 

5.     The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.50,000/- towards expenditure incurred for ticket and compensation for mental agony with cost as prayed for?

 

6.  

 

Both parties filed their written arguments.Heard the complainant’s Counsel also.Perused the records namely the complaint, written version, proof affidavits, documents etc.Admittedly, the complainant booked air ticket from the opposite party for the travel dated:23.01.2008 from Chennai to Udaipur via Mumbai through the Yatra travel agent as per Ex.A1.The schedule time for the opposite party’s flight is at 09.10 a.m. which was delayed due to bad weather and traffic congestion, the flight was started at 10.25 am from Chennai and reached Mumbai at 12.15 afternoon. Immediately, the complainant, made suitable arrangements to board the flight of the opposite party from Mumbai to Udaipur since the complainant has current boarding pass from Chennai itself but the official made the complainant to take new boarding pass for the flight from Mumbai to Udaipur and confined in the counter at Mumbai.While being so, it was announced that Mumbai to Udaipur flight was filled up completely and the complainant was denied to board the flight for continue his journey from Mumbai to Udaipur.When the complainant questioned the same with the opposite party officials regarding the denial of boarding and journey, the opposite party agreed to refund a sum of Rs.5,625/- as per Ex.A2.But on a careful perusal of Ex.A2, there is no specification regarding the amount except it was hand written that 3600 + 2025.Thereby, the complainant was put to run from pillar to post resulting the complainant had to take fresh ticket from Jet Airways on payment of Rs.4,800/- as per Ex.A3 and performed the journey in order to attend the meeting etc.Thereafter, the opposite party sent only a sum of Rs.3825/- alleging that the ticket fare from Mumbai to Udaipur which was also received by the complainant.But the complainant expended a sum of Rs.4,800/- towards ticket for journey from Mumbai to Udaipur in Jet Airways.

7.  
8.  

23.01.200 8Chennai/Mumbai180020253825Used

1.  
2.  
3.  
4.  

Service Tax45

 

Further the contention of the opposite party is that while departure of IT 182 from Chennai on 23.01.2008 there was a delay due to operational reason and some delay caused in the incoming flight due to heavy air traffic congestionthereby, a delay of 33 minutes caused. But the opposite party has not produced any record.Further the contention of the opposite party is that the flight departed from Chennai Airport at 9.43 a.m. on 23.01.2008 to Mumbai and reached Mumbai Airport at 11.35 a.m. much before the departure of flight No.IT 171 which was scheduled to fly from Mumbai to Udaipur.But the opposite party has not filed any record to prove the time of arrival and departure.

9.  

  In the result, this complaint is allowed in part.  The opposite party is directed to pay a sum of Rs.975/- (Rupees nine hundred and seventy five only) and to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The above amounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 18^th day of June 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

		Copy of e-ticket of the complainant from Chennai to Mumbai
		Copy of cancellation form issued by the opposite party for refund of fare
		Copy of ticket of Jet Airways from Mumbai to Udaipur
		Copy of boarding pass
		Copy of notice issued to the opposite party by the complainant

 

OPPOSITE  PARTY SIDE DOCUMENTS:  NIL

 

 

MEMBER –I                                                                      PRESIDENT