Present    : Smt.Seena H, President

               : Smt. Preetha.G. Nair, Member       

               : Smt. Bhanumathi.A.K, Member         Date of filing: 28/7/2011

                                                          (C.C.No.124/2011)

Dr.Jayagopal,

S/o.Balagopal,

M/s.Lakshmi Hospital,

Chittur Road,

Palakkad.

(Adv.A.Ranjit Unni)                                                 -        Complainant

                                                                     V/s

1.The Senior Manager (Commercial),

   Air India (National Aviation Company)

   No.19, Rukmani Lakshmipathy Salai,

    Egmore, Chennai – 600 008.

(By Adv.Menon & Pai and Redsonskaria)

2.The Chairman & Managing Director,

    Air India (National Aviation Company

    of India Ltd.)

    Northern Region, IGI Apt, Tr-1A,

    New Delhi – 37                                          -        Opposite parties

 (By Adv.Menon & Pai and Redsonskaria)

  O R D E R

          By  Smt.SEENA.H, PRESIDENT

The cause of the complaint is as follows:

Complainant availed the services of opposite parties by booking tickets to Srinagar with his family consisting of four members through opposite party’s authorized agent.   Tickets were booked by internet and the same was delivered to the complainant at his house by the agent. Trip was scheduled as follows:

Coimbatore – Delhi, Delhi-Srinagar and Srinagar-Delhi in the opposite party’s airlines and Delhi-Coimbatore via Spice Jet.

The grievance of the complainant is that while returning from Srinagar to Delhi, at the Srinagar airport there was no display of the Airlines which was scheduled to leave at 12.30 PM. Further the aircraft took off at 14.40 hrs at a delay 2 hrs. When he reached Delhi, the connecting aircraft was also late and was scheduled to depart at 17.00 hrs. Checking of the luggage took time  and hence the complainant could not board  the connecting  flight. Complainant request for including him in the  Delhi-Cochin aircraft was also refused by opposite parties.  Accordingly he has to re-route the journey via Bangalore which caused an additional expense of Rs.70,000/-. The Spice Jet airlines in which the complainant had booked his return ticket to Coimbatore was refunded. The complainant who is a Cardiologist has suffered financial loss as well as wastage of time due to the deficiency in service on the part of opposite parties. Hence the complaint. Complainant prays for an order directing opposite parties to pay an amount of Rs.70,000/- being the additional expenses met by the complainant and Rs.2 lakhs for mental agony and compensation.

Opposite party admits that the complainant and his family had booked to travel by flight IC 1826 on 31/5/2010 from Srinagar to Delhi. It is also admitted that the said flight was delayed on account of operational constrains and ATC clearance.  Further states that Srinagar being at high altitude, the operation of the flight is mostly disrupted by foggy weather condition. It is stated that at Srinagar, the flight display boards are maintained and updated by Airport Authority of India.  These boards at a time display information of 6 flights. There are 16 flights of different airlines to and from Srinagar every day. Therefore all the arrival and departure cannot be displayed simultaneously and are being displayed alternatively. It is further submitted that the flight took off from Srinagar at 14.30 hrs and landed at Delhi at 15.55 hrs   against scheduled arrival at 15.30 hrs. Opposite parties also admit that there was a delay in delivery of the baggage to the respective passengers.  The reason  stated by the opposite party’s is that 6 flight simultaneously arrived Delhi between 15.55 hrs to   16.30 hrs. Sincere apologies were also tendered by the duty Manager. The request of the complainant to accommodate his family in IC465 Delhi-Cochin flight could not be fulfilled for the reason that it was fully booked. Opposite parties submits that though they assured to make available the baggage at the final destination, complainant opted to travel  only on arrival of his baggage.  Further complainant was accommodated in IC904 Delhi-Bangalore flight on next day. Complainant had not booked for the journey from Srinagar to Coimbatore on the opposite party’s flights.  Complainant had only booked to travel from Srinagar to Delhi. Complainant has not suffered monitory loss as he obtained full refund against their Spice Jet ticket for Delhi-Coimbatore. Subsequently the travel from Delhi to Coimbatore against fresh ticket  was on their own. Opposite parties denies any deficiency, negligence or dereliction of duty on their part.

The evidence adduced consists of their respective chief affidavits.  Ext.A1 to A8 marked on the side of the complainant.    No documentary evidence on the side of opposite parties.

Issues for consideration

1. Whether there is any deficiency in service on the side of opposite parties ?
2. If so, what is the relief and cost ?

Issue No.1

 Heard both parties and had gone through the entire evidence on record.  It has come out in records that there is no much dispute as far as the facts of the case are concerned. Complainant has opted for a tour package from Coimbatore to Srinagar and back is revealed by Ext.A1 receipt. The flight scheduled to depart from Srinagar at 12.40 and arrive at Delhi at 13.55 has actually  departed from Srinagar at 14.30 and arrived at Delhi at 15.55. The said fact is born out by Ext.A5. Opposite parties even though stated that the dissemination of information in the display board is the responsibility of the Airport Authority of India, has not denied or is seen partially admitted  the fact that since the board will display information of six flights at a time, information as to the delay of the complainants flight might not have displayed. Opposite parties has stated so in Ext.A8 letter issued to the complainant. Ext.A8 is the letter issued to the complainant after conducting enquiry upon the complaint.  In the same  it is also admitted there was delay in delivery of baggage to the  passengers of all flights of various airlines. Opposite parties has submitted that on that particular day between 15.55 hrs to 16.30 hrs six flights arrived at Delhi and that was the reason for the delay in delivery of baggage. It is seen that other than the pleadings no piece of evidence is forth coming on the part of opposite parties to substantiate the pleadings.  Had the baggage be cleared in time, complainant would not have missed the connection flight.

It is an admitted fact that flight from Srinagar to Delhi was  delayed by 2 hrs. The reason stated is operational constrains and ATC clearance and further foggy weather. Without any supporting evidence we are not in a position to accept the said  contention of opposite parties. Facts and records of the case clearly shows that complainant and his family has under gone much hardship due to the delay of flight as well as delay in clearing the baggage for which complainant has to be adequately compensated.

Issue No.2

Complainant has claimed Rs.70,000/- as additional expenses incurred for re-routing his journey via Bangalore. Further an amount of Rs.2,00,000/- for mental agony suffered by the complainant and his family.  Ext.A4 contains the payment details made by  the complainant. Complainant is seen to have incurred an amount of Rs.75,679/- as the flight charge from Delhi-Bangalore, Bangalore – Coimbatore. Rs.26.230/- charged for Delhi-Coimbatore flight was refunded by the Tour operator.  Balance payable is seen as Rs.49,467/- So an amount of Rs.50,000/- (rounded off) is additional expense incurred on account of flight charge alone.  For the mental agony and pain and suffering of the complainant and his family, we quantify an amount of Rs.30,000/- as compensation.

In the result complaint allowed.  Opposite parties are jointly and severally directed to pay complainant an amount of Rs.80,000/-(50,000 + 30,000) (Rupees Eighty thousand only) as compensation  and Rs.2,000/- (Rupees Two thousand only) as cost of the proceedings.   Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order, till realization.

        Pronounced in the open court on this the  12^th day of January  2012

                                                                                                    Sd/-

Seena.H

President

   Sd/-

Preetha G Nair

Member

    Sd/-

Bhanumathi.A.K.

Member

                                                APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 – Receipts issued by PL World Ways  dated 15/6/10 (2 in nos)

Ext.A2 – Boarding Pass of Air India (4 in nos) dated 31/5/10   

Ext.A3  –  Boarding Pass of Kingfisher Airlines (4 in nos) dt.1/6/10

Ext.A4 –  G mail printout of payment details       

Ext.A5 –  Travel certificate issued by opposite parties

Ext.A6 –  Photocopy of Lawyer notice issued by complainant to opposite party

Ext.A7 – Reply to lawyer  notice dated 12/7/10   

Ext.A8 –  Reply notice  dtd.16/7/10

Exhibits marked on the side of the Opposite parties

Nil

Cost Allowed

Rs.2,000/- allowed as cost of the proceedings.