Neena Sandhu, Member:
This appeal is directed against the order dated 14.12.2011, rendered by the learned District Consumer Disputes Redressal Forum-I, UT, Chandigarh (hereinafter referred to as the District Forum) vide which it allowed the complaint, filed by the complainants/respondents, and directed the appellant/OP as under:-
In view of the foregoing, after taking into consideration the pleadings as well as evidence led by the parties, we are of the considered opinion that the OP Company was deficient in providing proper services to the complainants. The present complaint has lot of merit, weight and substance. The same is accordingly allowed. The OP is directed to pay Rs.6,062/- to each of the complainants i.e. Rs.18,186/- which they had spent for the purchase of air tickets of Indigo Flight plus Rs.9830/- spent by them for one day Hotel Stay at Mumbai (18,186 + 9830/- = Rs.28,016/-)
The OP is also directed to pay a compensation of Rs.25,000/- apart from Rs.10,000/- as litigation costs.
The order be complied with by the OP within a period of 30 days from the date of receipt of copy of this order, failing which the OP shall be liable to pay interest on the above said awarded amount @12% p.a. from the date of filing this complaint i.e. 09.12.2010 till its actual payment, besides paying litigation cost of Rs.10,000/-.â
The facts of the complaint, in brief, are that the complainants, alongwith their spouses, booked air tickets of the opposite party-Airlines, for their official tour from Chandigarh to Mumbai to attend the 71st Session of Indian Road Congress as official delegates. It was stated that they reached the airport, in time, and got the boarding passes issued. Thereafter, it was announced by the opposite party, that the flight was late due to technical fault and was likely to take off at 14.00 hours. However, at 13.00 hours, further announcement was made by the opposite party that the flight would take off at 16.00 hours. The complainants immediately approached the Officer-in-Charge of the opposite party, and apprised him of the situation, that their connecting flight would be missed due to the delayed flight and requested him to make alternative arrangement for them to reach Mumbai through some other Airlines, upon which he assured that the flight would be definitely connecting their further flight from Mumbai to Nagpur as he had spoken to his counterpart at Mumbai for making such arrangement for the complainants. But to the utter shock and surprise of the complainants, when they reached Mumbai, the connecting flight had already taken off. Subsequently, they approached the Officer-in-Charge of the opposite party, but to no avail. It was submitted by the complainants that they had to purchase fresh air tickets of IndiGo Airlines for next day i.e. 12.11.2010 and had also to stay in a hotel at Mumbai at their own expenses. They finally reached destination at 18.00 hours i.e. 22 hours behind schedule. It was further stated that the complainants were deprived of the knowledge, which they would have gained, had they reached the venue well in time. It was further stated that they not only suffered mental and physical harassment, and had to incur unnecessary expenditure, but also suffered irreparable loss by not acquiring the knowledge for which they were deputed by the concerned Government. When the grievance of the complainant was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) was filed.
The opposite party, in its written reply, admitted the factual matrix of the case and stated that the flight was delayed due to technical fault, which was beyond the control of the Airlines. In support of its version, the opposite party placed on record the Incident Report Form, wherein Pilots Report has been mentioned. The remaining averments, were denied, being wrong.
The parties led evidence, in support of their case.
After hearing complainant No.2 in person, who was also authorized representative of complainants No.1 and 3, and learned Counsel for the opposite party, and, on going through the evidence and record, the learned District Forum allowed the complaint, in the manner, as stated above.
Feeling aggrieved, the instant appeal has been filed by the appellant/opposite party.
We have heard the learned Counsel for the appellant, and respondent No.2 in person, as well as on behalf of respondents No.1 and 3, and have gone through the evidence and record of the case carefully.
It was submitted that the moment the complainants came to know regarding the delay in departure of the flight, they immediately approached the Officer-in-charge of the opposite party, at Chandigarh, and requested him to make some alternative arrangement, for reaching Mumbai, in time, to board the connecting flight. It has been submitted by the complainants that the said officer informed them that he had already talked to his counterpart at Mumbai, and assured that their flight would definitely connect the flight from Mumbai to Nagpur. However, when the complainants reached Mumbai, the flight from Mumbai to Nagpur, had already taken off and the complainants were left in lurch. In order to reach their destination, the complainants were left with no other alternative, than to buy fresh tickets for journey from Mumbai to Nagpur. Accordingly, the complainants purchased the tickets from IndiGo Airlines, which could be of the next day only i.e. 12.11.2010 and they were forced to spend the night of 11.11.2010 in a hotel at Mumbai. It has been submitted by the complainants that due to the act and conduct of the opposite party, they were forced to incur extra expenses from their pocket. Annexure D constitutes the copies of the tickets of IndiGo and bills of the hotel. It has been further submitted by the complainants that they finally reached Nagpur with a delay of 22 hours due to which the whole purpose of attending the 71st session of Indian Road Congress was defeated and they were deprived of the knowledge, for which the Government sent them.
On the other hand, the contention of the learned counsel for the opposite party, is that the flight got delayed due to some technical snag and thus they were not liable to compensate the complainants.
It is undisputed that the flight got delayed due to some technical snag but, at the same time, this fact cannot be ignored that the complainants were to board the connecting flight from Mumbai to Nagpur in order to attend the 71st session of Indian Road Congress as official delegates. It was the bounden duty of the opposite party, being in aviation and hospitality sector, to be helpful and courteous to the complainants. It should have made some alternative arrangement, firstly, at Chandigarh as the officials of the opposite party came to know, regarding the technical snag, in the aircraft, much before the due departure time, at 1100 hours, and, as such, the opposite party had ample time to make some alternative arrangement to send the complainants to Mumbai. Secondly, at Mumbai also, knowing well that the complainants had missed their connecting flight to Nagpur, the opposite party did not help them to board the next flight for Nagpur, and they were left with no other alternative, except to buy fresh tickets, on their own, and the IndiGo Airline booked the tickets for the next day only and the complainants were forced to stay in a hotel at Mumbai by spending money from their own pocket. Hence, the aforesaid sequence of events surely caused a lot of inconvenience, mental and physical harassment to the complainants, and the whole purpose of their journey was defeated. With these observations, we are of the considered opinion, that the opposite party was definitely deficient, in rendering service, and the order passed by the learned District Forum is just and fair.
In view of the above discussion, we are of the considered opinion that there is no merit in this appeal and the same is dismissed, with costs of Rs.5,000/-.
Copies of this order be sent to the parties free of charge.