PRESENT:      Ms.Anuradha Gupta, Adv. for complainant

Sh.Karanvir Singh Jawandah, Adv. for OP No.1.

Sh.R.K.Singla, Adv. for OP No.2.

                              ---

PER ASHOK RAJ BHANDARI, MEMBER

          Smt.Asha Mittal, being the Special Power Attorney of her daughter namely Ms.Prapti Mittal has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed  to :-

i)              To refund 900/- being the cancellation charges of the return ticket.  

ii)         Rs.10,459/- being the excess fare charged by OP-2 on account of return ticket.

iii)    To pay a sum of Rs.50,000/- for loss of job.

iv)         To pay a sum of Rs.25,000/- for harassment, inconvenience and frustration etc.

v)              To pay a sum of Rs.5500/- as litigation expenses.

2.        In brief, the case of the complainant is that Ms.Prapti Mittal is H-1B visa holder and is residing in USA. She came to India on 26^th December, 2008 for appearing in an interview to be held at Cochin on 29.12.2008. The complainant purchased an online ticket for her daughter for 29.12.2008 from New Delhi to Cochin of Spice Jet Airlines and return ticket of Indigo Air from Cochin to New Delhi from OP-1 on payment of Rs.12,287/- for both the tickets. The said payment was made through credit card. The flight was scheduled to take off from New Delhi at 6.00 a.m. so as to reach Cochin by 10.55 a.m. on the same day. The complainant received an SMS from Spice Jet at midnight that the flight has been pre-poned and that it will take off at 4.50 a.m. instead of 6.00 a.m. So all the passengers were required to report at the airport at 2:50 a.m. According to complainant, on reaching the airport, Ms.Prapti Mittal was informed that the flight has been delayed and that it will take off at 12.30 p.m. instead of 4.50 a.m. According to the complainant, all the passengers were boarded on flight at 7.00 a.m. and detained there for more than 498 minutes but no food was served. Ms.Prapti Mittal could not inform her mother as well as the office at Cochin where she had to appear for interview.  The Spice jet flight finally took off around 2.00 p.m. and it reached Cochin at 6.30 p.m. By that time, the interview time was already over. Therefore, she had to cancel her return flight by Indigo Airlines on that day for which Rs.750/- were charged by Indigo Airlines and OP-1 also charged Rs.150/- as cancellation charges (Total Rs.900/-).

          According to the complainant, when she requested OP-2 to compensate her for the damage/loss for booking her return ticket to New Delhi, instead of doing so, OP-2 charged Rs.16,024/- for one way return ticket though their web fare was only Rs.5565/- in the month of December. It has further been averred that this flight was scheduled to take off from Cochin at 9.35 a.m. the next day i.e.  on 30.12.2008 and was supposed to reach New Delhi by 2.30 p.m. but the said flight instead took off at 6.30 p.m. further causing inconvenience and harassment as she was stranded at Cochin for full two days without any stay arrangement. Due to the deficiency in service, her daughter could not keep her appointment/interview. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        In the reply filed by OP-1, it has been admitted that a ticket of Spice Jet Airlines was purchased from New Delhi to Cochin and another ticket for return journey of Indigo Air from Cochin to New Delhi through online booking from them. It has also been admitted that the complainant cancelled her return flight from Cochin to New Delhi and she was charged Rs.900/- as cancellation charges out of which Rs.750/- were retained by OP-2 and the remaining Rs.150/- by this OP. It has been further pleaded by this OP that the actual price of the ticket which was purchased by the complainant on 29.12.2008 was Rs.16,024/- whereas Rs.5565/- was the fare prevalent on 14.06.2009. In these circumstances, according to OP-1, there is no deficiency in service on its part and the complaint deserves dismissal.

4.        In the reply filed by the OP-2, it has been pleaded that as per Terms of Carriage by Air, which is a contract, binding upon the parties, the OP-2 assumes no liability on account of delay/cancellation of flights. It has further been pleaded that on 29.12.2009, there was thick fog in the entire Northern India severely affecting the operation of the flights and other modes of transport; that almost all the flights were got delayed due to poor visibility. The chart showing the performance of all the flights on the said date was filed with the written statement; saying further that flight was never pre-poned, however, the same was to be postponed on account of thick fog and very poor visibility at New Delhi Airport; that the life of hundreds of passengers was more important than the delays in flight and that too for the reasons beyond power and control of OP-2; that the aircraft was very much there but the same could not take off without the clearance  from ATC (Air Traffic Controllers) which is an independent body of Govt. regulating the air traffic in India. It has been denied that the complainant had to cancel the Indigo Ticket or that same attracted cancellation charges of Rs.750/- or that OP-1 charged cancellation charges of Rs.150/- as alleged by the complainant. It has further been pleaded that on that day i.e. 30.12.2008, the ticket was of Rs.16,024/-, however, the complainant has annexed the rates applicable as on 14.06.2009. It has further denied that the complainant is entitled to compensation of Rs.91396/- on account of harassment, damages, loss of reputation etc. In these circumstances, according to OP-2, there is no deficiency in service on its part and the complaint deserves dismissal.

5.        We have heard the learned counsel for the parties and have gone through the entire record including documents, annexures, affidavits etc.  As a result of the detailed analysis of the entire case, the following points/issues have clearly emerged and certain conclusions/arrived at, accordingly:-

i]   The basic facts of the case in respect of the Complainant having purchased an on-line ticket on 26.12.2008, for her daughter – Ms. Prapti Mittal, for 29.12.2008, from New Delhi to Cochin by Spice Jet Airlines and return ticket of Indigo Airlines from Cochin to New Delhi, for the same day, on payment of Rs.12,287/- for both the tickets, have all been admitted. As per the Complainant, the flight was originally scheduled to take off from New Delhi at 6.00 AM, so as to reach Cochin by 10.55 AM on the same day. The Complainant was to attend an interview at Cochin on 29.12.2008. She further says that the flight was pre-poned by OP No.2, so as to take off at 4.50 AM instead of 6.00 AM and she was required to reach the Airport by 2.50 AM. She reached there accordingly, but was informed that the flight would take off at 12.30 PM instead of 4.50 AM. As per the Complainant, all the passengers were boarded on flight at 7.00 AM and detained there for more than 498 minutes, but no food was served. Finally, the flight took off around 2.00 PM, reached Cochin at 6.30 PM and by that time, the time for interview was already over. Therefore, she had to cancel her return flight by Indigo Airlines on that very day and had to pay Rs.750/- as cancellation charges by that airline, in addition to Rs.150/- charged by OP No.1 for the same. Thus, she paid Rs.900/- in all as the cancellation charges. In addition to all this, she had to pay Rs16.024/- to OP No. 2 for arranging the return flight from Cochin to New Delhi for the next day i.e. 30.12.2008, originally scheduled to start at 9.30 AM from Cochin and reaching New Delhi at 2.30 PM. But even that flight eventually took off only at 6.30 PM, which caused her a lot of inconvenience and harassment, as she was stranded at New Delhi/ Cochin for full 02 days, without having any stay arrangements. On these grounds, the Complainant has asked for compensation and litigation costs etc. 

ii]  In its reply/written statement, OP No. 1 has admitted the basic facts of the case, as stated by the Complainant, saying that the Complainant had cancelled the return journey ticket and that a total of Rs.900/- were charged as cancellation charges. It has also been clarified that the actual price of the ticket purchased by the Complainant as on 29.12.2008 was Rs.16,024/-; whereas, the fare prevalent on 14.6.2009, was Rs.5,565/-. Therefore, no excess fare has been charged by this OP, as the airfares go on changing from day to day. OP No. 1 has therefore, denied any deficiency of service on their part and, therefore, asked for the dismissal of the complaint qua them.

iii] On the same lines, OP No. 2, in its reply, while admitting the facts of the case has pleaded that as per terms of carriage by air, which is a contract binding upon the parties, OP No. 2 assumes no liability on account of delay/ cancellation of flights. It further says that on 29.12.2009, there was thick fog in the entire northern India, severely affecting the operation of flights and other modes of transport and that almost all the flights were got delayed due to poor visibility. In support of its case, it has enclosed a chart, showing the performance of all the flights on the said date, indicating that a number of flights emanating from New Delhi were either delayed or cancelled due to poor visibility caused by intense fog at the Airport. It is further pleaded that no aircraft can take off without clearance from ATC (Air Traffic Controllers), which is an independent body of the Govt. regulating air traffic in India. It has also denied that the Complainant had to cancel the Indigo Airlines ticket and that the same attracted cancellation charges of Rs.900/-. This OP goes on to say that on 30.12.2008, the air fare from Cochin to New Delhi was Rs.16,024/-; whereas, the rates quoted by the Complainant were as on 14.6.2009. Therefore, the actual air fare was correctly charged as Rs.16,024/-. On all these grounds, this OP has denied any deficiency of service on its part and asked for the dismissal of the complaint qua it.  

6.        The above detailed analysis of the entire case shows that so far as the preliminary objection taken by the Ops in respect of jurisdiction of this Forum to deal with the case is concerned, it is quite clear that the Complainant had purchased the air tickets at Chandigarh and at the same time, OP No. 1 has also its office at Chandigarh. Since the payment was made through credit card, the payment also have obviously passed through banking channels at Chandigarh. Therefore, this Forum has clear-cut jurisdiction to deal with this case. It is also a fact that the flight of the Complainant was certainly delayed inordinately, even if for a moment, we accept the version of the OP No. 2 that it was never preponed. The fact of postponement that too for several hours has been clearly admitted and accepted by the OP No. 1.  In support of its case, OP No.2 has pleaded that it was entirely beyond its control to operate the said flight on account of extremely bad weather and intense fog at New Delhi Airport, due to which not only this flight, but also several other flights were got either cancelled or postponed. It has further stated that no flight could take off without clearance from the Air Traffic Controllers (ATC). The chart of flights enclosed by this OP does not show any entry in respect of their flight from New Delhi to Cochin and also the reasons for its postponement. Further, the Daily Performance Report of 29.12.2008 has not been signed or authenticated by any competent authority of OP No. 2 or of the New Delhi Airport. The Complainant has stated that all the passengers were boarded on flight at 7.00 AM and detained there for more than 498 minutes i.e. for more than 8 hrs., without serving them any food for all this long time. This allegation of the Complainant has not been rebutted by the OP with any cogent evidence or proof. In the process, not only the Complainant had been put to lot of inconvenience, harassment and mental pain, but also missed her interview at Cochin as she reached there only at 6.30 PM. This has not been denied by the OP No. 2. On the same lines, since the Complainant reached Cochin late by about 8 hours, she could not come back to New Delhi on the same day and had to cancel the return journey ticket for 29.12.2008 and also book a new air ticket with OP No. 2 for next day i.e. 30.12.2008, spending a huge sum of Rs.16,024/- for one way return ticket one account of emergency booking of air ticket. Not only that, she lost two precious days in coming and going between New Delhi and Cochin, but also that the OPs did not make any arrangements for her boarding and lodging for these two days. In support of its contention, OP No. 2 has enclosed an extract of Carriage by Air terms and conditions, in which they have stated that where bad weather or instances beyond Spice Jet control has resulted in flight being cancelled or delayed or diverted, Spice Jet will not be liable in any way for the delay/ cancellation/ diversion. It is further stated that Spice Jet does not provide hotel accommodation/ meals/ transportation in case of delay/ cancellation. While it is understandable that the Airlines may not be held responsible in case of cancellation or delay or diversion of the air flights for reasons beyond their control, but it is entirely an unfair trade practice on their part, if they did not provide hotel accommodation/meals/ transportation in case of delay/cancellation. It is unthinkable and totally unjustifiable and unprofessional conduct on their part especially when a passenger, particularly, a female is stranded at the Airport for two days, is also boarded inside the aircraft for about 8½ hours, without serving any food.  It is a clear-cut deficiency of service on the part of the airlines. Further, when the Complainant reached Cochin in the late evening on 29.12.2008 and the next flight for her return journey started only the next day i.e. 30.12.2008 at 6.30 PM, where could the hapless passenger go for the night and for the next whole day. The airlines could not be absolved of their responsibility to take care of the passengers, in case they are inconvenienced and harassed due to their fault and after taking hefty charges from them as airfare. Therefore, even if, it is accepted for a moment, that there was fog at the New Delhi Airport, although there is no concrete proof of any kind of fog or bad weather at the Cochin Airport, yet it was the bounden duty of the Airlines to take care of their passengers in any such an eventuality. It was their moral, ethical and legal duty to not only arrange for night stay of the Complainant at Cochin, but also to look after the food and other requirements of the harassed passenger, which has not been done by OP No.2.      

7.        There is also a clear-cut contradiction between the pleadings of OP No. 1 and OP No.2; whereas, OP No. 1 has clearly admitted the charging of cancellation charges to the tune of Rs.900/- from the Complainant due to cancellation of ticket for the return journey from Cochin to New Delhi slated for 29.11.2008, the same has been denied by OP NO.1. But it is completely established from the documents on record that the Complainant had been charged the sum of Rs.900/- as cancellation charges out of which Rs.750/- were charged by Indigo Airlines and Rs.150/- by OP No. 1 i.e. Yatra.com.

8.        Keeping in view the foregoings, it is our considered opinion that the case of the Complainant has a lot of weight, merit and substance. Therefore, it must succeed, in favour of the Complainant and against the OPs. As such, the present complaint is accepted in favour of the Complainant and against the OPs.

9.        In view of above, we order the OPs to make the following payments, jointly and severally, to the Complainant: -

i)   To refund a sum of Rs.900/- being the cancellation charges of the return ticket of Indigo Airlines from Cochin to New Delhi for 29.12.2008.

ii)  Rs.10,459/- being the excess fare charged by OP No. 2 on account of return ticket for 30.12.2008, caused by cancellation of the earlier return ticket with Indigo Airlines for 29.12.2008.

iii) A sum of Rs.20,000/- for causing physical harassment, inconvenience and mental pain and agony to the Complainant by wasting her two precious days without achieving any result.

iv)         A sum of Rs.5,000/- as litigation costs.

10.      The aforesaid order be complied with, jointly and severally, by the OPs within a period of 04 weeks from the date of receipt of the same, failing which the OPs shall, jointly and severally, pay Rs.31,359/-, along with interest @ 18% p.a. from the date of the booking of the air tickets i.e. 26.12.2008, till the date of realization, besides the costs of litigation at Rs.5,000/-.

11.       Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.