DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.
Complaint No. 534
Instituted on: 05.09.2016
Decided on: 20.03.2017
Sachin Kumar Dhanjas aged about 32 years son of Late Baljit Kumar, resident of Magazine Street, House No.337, Sangrur.
…Complainant
Versus
1.The Manager, Make My Trip India Pvt. Ltd. SCO No.43/44, Level-1, Sector 8C, Madhya Marg, Near KFC, Chandigarh.
2.The Manager, Air India, Indian Airlines, SCO No.162-164, Ground Floor, Dakashin Marg, Sector 34-A, Chandigarh.
..Opposite parties.
For the complainant : Shri Naresh Juneja, Adv.
For Opp. party No.1 : Shri Parul Chawla, Adv.
For Opp. Party No.2 : Shri Amit Bhalla, Adv.
Quorum: Sukhpal Singh Gill, President
Sarita Garg, Member
Order by : Sukhpal Singh Gill, President.
1. Shri Sachin Kumar Dhanjas, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant along with his friend Shri Bhupesh Goyal availed the services of the OP number 1 by purchasing a tour package for Chandigarh to Bangkok for the period from 14.10.2015 to 19.10.2015 and the OP number 1 issued booking ID bearing number NH230398847343 dated 4.10.2015. Further case of the complainant is that as per the itinerary and reservation details of OP number 1, the flight name and time of flight was mentioned and as per detail on 14.10.2015 departure time 11.25 hrs. was from Chandigarh and arrival time Delhi (Del) 12.15 hrs through Air India flight number AL-863. Again it was mentioned that on 14.10.2015 departure time Delhi at 13.50 hrs and arrival Bangkok 19.36 hrs through Air India Flight number AL-332. further case of the complainant is that as per the schedule on make my trip, the complainant reached at Bangkok on 14.10.2015 through Air India flight and after purchasing the trip the complainant and his friend got booked Awadh Assam Express from New Delhi to Jakhal for 19.10.2015 and the reservation ticket number is 664.7195897 dated 13.10.2015 as the departure time of train was 15.30 hrs from Delhi and arrival time at Jakhal was 19.35 on 19.10.2015.
2. Further case of the complainant is that on 19.10.2015 the complainant and his friend reached to Sarvbhoomi Airport at Bangkok at about 7.00 AM and the flight departure time was 8.55 hrs and on reaching they came to know that Air India Flight number AL-333 has been delayed till 5.30 PM and new flight was come at about 5.30 PM due to that the complainant and some other passengers were harassed due to cancellation of the flight and on approaching the officials of Air India, they apprised that the complainant and other passengers will go through another flight and accordingly after some time the officials of the Air India told the complainant and other passengers that one Jet Airways flight from Bankok to Delhi is ready and they will be intimated accordingly, as such after taking the boarding pass, they travelled to Delhi from Bangkok via Mumbai and at Mumbai airport the complainant was also harassed by the authorities of the airport. As such, the complainant was harassed a lot by not providing the proper flight at the scheduled time and as such he visited Delhi very late via Mumbai and also missed his train scheduled from Delhi to Sangrur via Jakhal. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the Ops be directed to pay to the complainant a compensation of Rs.5,00,000/- and further claimed compensation for mental tension, agony and harassment as well as litigation expenses.
3. In reply of the complaint filed by the OP number 1, it has been admitted that the complainant along with his friend Bhupesh Goyal booked a tour from Chandigarh to Bangkok for the period from 14.10.2015 to 19.10.2015 through online portal of OP number 1 and booking of flights as mentioned in the complaint have also been admitted. However, it has been stated that the OP number 1 is not at all responsible for any unexpected modifications in the flight schedule of the customers due to cancellation, delay etc and the delay of the Air India flight bearing number AL-333 followed by cancellation on 19.10.2015 is solely attributable to the Airlines and the OP is in no manner liable to refund/compensate any amount to the complainant. Further it is stated that it is only the air lines responsible for that in case of cancellation of the flight. It has been further stated that the OP number 1 has no knowledge about the delay in the schedule of the flight or cancellation of the flight in question. Thus, alleging no deficiency in service on the part of the OP, the OP number 1 has prayed for dismissal of the complaint with special costs.
4. Record shows that the OP number 2 did not file the reply within the stipulated period under the Act, as such, opportunity to file reply by OP number 2 was closed by order of the Forum.
5. The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of postal receipt, Ex.C-3 to Ex.C-6 copies of air tickets, Ex.C-7 copy of detail of tour, Ex.C-8 copy of legal notice, Ex.C-9 copy of postal receipt and closed evidence. On the other hand, the learned counsel for the OP number 1 has produced Ex.OP1/1 affidavit along with Ex.OP1/A and Ex.OP1/B and closed evidence.
6. We have carefully perused the complaint, version of the opposite party and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.
7. It is not in dispute between the parties that the complainant purchased a tour package from Chandigarh to Bangkok and back for the period from 14.10.2015 to 19.10.2015 as is evident from the Photostat copies of the air tickets, which are placed on record as Ex.C-3 to Ex.C-5 and the complainant also got booked railway ticket from Ghaziabad to Jakhal for 19.10.2015 and the train was scheduled for 15.30, but the grievance of the complainant in the present case is that though the complainant along with his friend reached to Sarvbhoomi Airport Bangkok on 19.10.2015 at about 7.00 AM as the flight departure time was 8.55 hrs, but later on he came to know that the flight i.e. AL-333 Air India has been delayed till 5.30 PM and new flight was to come at about 5.30 PM, meaning thereby the flight was delayed for a period of about 9 hours, meaning thereby the whole of the system/schedule of the complainant was disturbed even the train ticket from Delhi to Jakhal got booked by the complainant was also of no use. The learned counsel for OP number 1 has contended that the OP number 1 had to do nothing in this respect, as the delay of the air India flight followed by cancellation on 19.10.2015 is solely attributable to the airlines and the OP number 1 is in no manner liable for that or to pay compensation etc. to the complainant. But, we are unable to accept such a contention of the learned counsel for OP number 1, as it is the own admitted case of the OP number 1 and the complainant that the complainant had purchased the trip/tour programme from OP number 1 and it is OP number 1 who got booked the air tickets for the complainant and his friend from OP number 1 against payment, as the complainant had made the payment directly to OP number 1. It is also not in dispute that the complainant suffered loss due to cancellation of the flight and further suffered mental tension, agony and harassment. As such, we are of the considered opinion that ends of justice would be met, if the Ops are directed to pay to the complainant the compensation for that.
8. In view of our above discussion, we allow the complaint and direct the OPs to pay to the complainant an amount of Rs.20,000/- in lieu of compensation for mental tension agony and harassment. We further order the OPs to pay to the complainant an amount of Rs.5,000/- in lieu of litigation expenses.
9. This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.
Pronounced.
March 20, 2017.
(Sukhpal Singh Gill)
President
(Sarita Garg)
Member
