Haryana

Karnal

CC/452/2019

Kanvdeep - Complainant(s)

Versus

Turkish Airlines - Opp.Party(s)

Pandeep Kapoor

18 Nov 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 452 of 2019

                                                          Date of instt.22.07.2019

                                                          Date of Decision 18.11.2019

 

Kanvdeep son of Shri Amanpreet Singh resident of house no.1497, Sector-9, Urban Estate, Karnal.

                                                …….Complainant.

                                                Versus

 

Turkish Airlines Unit no.1001 A, 10^th floor, Time Tower, Sector 28 H.G. Road, Gurugram, Haryana-122001 through its authorized signatory.

2^nd Address:

Rom no.27,OL$, Terminal 3, Indira Gandhi International Airport, New Delhi-110037.

 

                                                                        …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Pardeep Kapoor Advocate for complainant.

                   Opposite party exparte.

 

                   (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant alongwith his family i.e. Devika Singh (wife), Mehnaaz Kaur (daughter) were planned to visit Canada and somehow the uncle of the complainant namely Shri Satinder Singh Cheema who living in Toronto, Canada died on 28.05.2019 and his list rites of funeral were on 02.06.2019 which complainant planned to attend last ceremony of his uncle at Toronto, Canada. The complainant booked three tickets for himself as well as for his wife and daughter having tickets no.2357317082183, 2357317082184, 2357317082182 through OP for the flight TKO717, and the same were from Delhi to Toronto via Istanbul. The flight no.TK717 had to depart from Delhi at 6.25 a.m. and had to reach at Istanbul at 10.30 a.m. on 01.06.2019 and then the flight from Istanbul was to be changed for Toronto and the same was to be depart from Istanbul at 2.15 p.m. and had to reach at Toronto at 6.05 p.m. on 01.06.2019. The complainant alongwith his family reached at Delhi Airport for going to Toronto, Canada but surprisingly the said flight of the OP reached at 2.15 p.m. at Istanbul and when the said flight had reached at Istanbul then the another flight no.TK017 from Istanbul to Toronto had already departed in which the complainant and his family had to go to Toronto. Due to this reason, the complainant and his family had to spent 24 hours at airport and were suggested and informed by OP that complainant have to spend all the time on airport and have to sleep with his wife and 5 years old daughter on the floor at the airport, as no Visa and accommodation will be provided to the complainant and his family by OP for delay period and they faced huge difficulties at that place and the reservation of complainant was changed from Istanbul to Toronto on 02.06.2019 on the same flight but on next day. The luggage of the complainant was to be handed over to the complainant at Toronto, Canada and as such, the complainant, his wife and daughter had no clothes, daily use material with them. Thereafter, the complainant somehow manage to book a room on airport at Yotel Hotel and spent 183 Euros i.e. Rs.14,182/- on the room for night from their own credit card as they were not having their luggage they were forced to purchased clothes from the airport. The complainant reported the matter to the concerned authorities who advised him to open a feedback report with the Turkish Airlines Customer Relations Department for the request of reimbursement/refund of ticket fare and the complainant accordingly open a feedback form/report with the said concerned form and registered feedback with reference no.TK-2293661 and the complainant also written a complaint through the website as well as call center and in this regard several emails were exchanged between the complainant. Due to this act and conduct of OP, complainant was not reached at the funeral ceremony of his uncle and due to missing of flight from Istanbul the complainant was forced to stay there and were forced to purchase clothes for an amount 184 Euros for Hotel +148 Euros i.e. Rs.25,730/- for purchasing of clothes. In this way there was deficiency in service and unfair trade practice on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who did not appear and proceeded against exparte, vide order dated 30.10.2019.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C20 and closed the evidence on 15.11.2019.

4.             We have heard the learned counsel of the complainant and have gone through the record available on the file carefully.

5.             The case of the complainant is that he  booked three tickets for himself as well as for his wife and daughter through OP for the flight TKO717, and the same were from Delhi to Toronto via Istanbul. The flight no.TK717 had to depart from Delhi at 6.25 a.m. and had to reach at Istanbul at 10.30 a.m. on 01.06.2019 and then the flight from Istanbul was to be changed for Toronto and the same was to be depart from Istanbul at 2.15 p.m. and had to reach at Toronto at 6.05 p.m. on 01.06.2019. The complainant alongwith his family reached at Delhi Airport for going to Toronto, Canada but surprisingly the said flight of the OP reached at 2.15 p.m. at Istanbul and when the said flight had reached at Istanbul then the another flight no.TK017 from Istanbul to Toronto had already departed in which the complainant and his family had to go to Toronto. Due to this reason, the complainant and his family had to spent 24 hours at airport as no Visa and accommodation will be provided to the complainant and his family by OP for delay period and they faced huge difficulties at that place and the reservation of complainant was changed from Istanbul to Toronto on 02.06.2019 on the same flight but on next day. The luggage of the complainant was to be handed over to the complainant at Toronto, Canada and as such, the complainant, his wife and daughter had no clothes, daily use material with them. Thereafter, the complainant somehow managed to book a room on airport at Yotel Hotel and spent 183 Euros i.e. Rs.14,182/- on the room for night from their own credit card as they were not having their luggage they were forced to purchased clothes from the airport. The complainant reported the matter to the concerned authorities who advised him to open a feedback report with the Turkish Airlines Customer Relations Department for the request of reimbursement/refund of ticket fare and the complainant accordingly open a feedback form/report with the said concerned form and registered feedback with reference no.TK-2293661 and the complainant also written a complaint through the website as well as call center and in this regard several emails were exchanged between the complainant. Due to this act and conduct of OP, complainant was not reached at the funeral ceremony of his uncle and due to missing of flight from Istanbul the complainant was forced to stay there and were forced to purchase clothes for an amount 184 Euros for Hotel +148 Euros i.e. Rs.25,730/- for purchasing of clothes. In support of his version complainant placed on record his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C20.

6.             Complainant produced the reply of his email (Ex.C12) the detail of same are as under:

        “Firstly, we ask for you to accept our regret at unpleasant situation you have experienced, and we apologize for not getting you to the final destination on your ticket on time.

        As is the case in every other industry, unexpected issues may occur in the aviation industry, too, and we would like to share with you the fact that some of these happen outside out control.

        In our investigation, it has been determined that on 1^st of June, 2019, your TK0717 from Delhi to Istanbul flight was operated with a delay due to

* 1 hour and 37 minutes of late arrival from previous departure station.

* 24 minutes of Air Traffic Control capacity.

Therefore, you were unable to attend your connecting flight TK0017 from Istanbul to Toronto on 1^st of June, 2019 and thus your reservation was changed to facilitate your journey via TK0017 from Istanbul to Toronto on 2^nd of June, 2019.

On perusal of the document Ex.C12, it clearly shows OP has admitted his mistake. To rebut the evidence produced by the complainant OP did not appear and opted to be proceeded against exparte. Hence the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same. Hence, it is well proved that the act of OP amounts to deficiency in service.

7.             Complainant demanded in prayer para to make the payment of 600 Euro per person i.e. Rs.46,500/- each with interest as per Turkish Airlines Passenger Right. In support of this version complainant produced the document ‘Turkish Airlines Flight Delay/Cancellation compensation’ Ex.C16 in which is clearly mentioned that “You as the flight passenger who faced inconvenience due to Turkish airlines flight delay can demand compensation upto 600 Euro. This fact is also mentioned in Ex.C17. Hence as per term and condition of OP complainant is entitled for 600 Euro for person i.e. Rs.1,39,500/- (46,500/-x3).  

8.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to pay Rs.1,39,500/- to the complainant. We further direct the OP to pay Rs.25,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.5500/- for the litigation expense. This order shall be complied within 30 days from the receipt of copy of this order. It is made clear if the abovesaid amount is not paid by the OP within stipulated period then this amount will carry interest @ 9% per annum from the date of order till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:18.11.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                               Member