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Consumer Complaint No. 75 of 2007. Case: Dillip Kishore Mohanty and Ors. Vs Indian Airline Ltd. and Ors.. Orissa State Consumer Disputes Redressal Commission

Judgment Cited in Precedent Map Related
Case NumberConsumer Complaint No. 75 of 2007
CounselFor Appellant: B. Das Mohapatra & Associates and For Respondents: J.B. Pattnaik & Associates
JudgesR.N. Biswal, J. (President) and G.P. Sahoo, Member
IssueConsumer Protection Act, 1986 - Sections 19, 2(1)(g), 20, 24(A)
Judgement DateTuesday March 31, 2015
CourtOrissa State Consumer Disputes Redressal Commission

Order:

R.N. Biswal, J. (President)

  1. The case of the complainants stated in brief is that they booked Air Tickets at Bhubaneswar from the opposite parties to travel from Chennai to Port Blair on 25.9.2006 by flight no. IC-549 and from Port Blair to Chennai by flight no. IC 550 on 30.9.2006. The boarding time at Port Blair Air Port on 30.9.2006 was 8.30 a.m. and accordingly, complainants came to the Air Port much before the time but were shocked to know that the flight was indefinitely delayed. Ultimately, the flight took off at about 11.10 hours after delay of 2 hours 40 minutes without any cogent reason. Due to delay in taking off the flight on 30.9.2006, complainants could not go for sightseeing in Chennai as per their schedule on that date and they had to leave Chennai on 31.9.2006 at 8.30 a.m. by Coromandel Express as their return tickets had been booked in advance. Moreover, they were put to severe harassment in the Air Port at Port Blair due to lack of basic amenities and lack of care and expected gesture. After returning from Port Blair complainants wrote to opposite parties who admitted the lapses on their part but tried to give false excuses. Complainants faced the similar Problem while travelling from New Delhi to Srinagar on 15th November, 2005 and from Srinagar to New Delhi on 16 November, 2005 by Flight no. IC 825 and IC 826 respectively. The flight departure time at New Delhi Air Port on 15.11.2006 was at 12.30 p.m. but it took off at 2.30 p.m. causing delay of 2 hours. Similarly, flight departure time at Srinagar Air Port on 16.11.2005 was at 1.30 p.m. and it took off at 4.30 p.m., causing delay of 3 hours. Opposite parties also did not mention the boarding time in the boarding passes keeping the complainants in complete dark about time. Complainants had spent Rs. 45,227/- for Chennai-Port Blair-Chennai flight and a sum of Rs. 70,000/- for Delhi-Srinagar-Delhi flight. So they filed the aforesaid case with prayer to direct the opposite parties to pay them a sum of Rs. 24,00,000/- towards mental agony, financial loss and litigation expenses with interest thereon.

  2. Opposite parties on being noticed appeared before this Commission and filed written version contending that the case was not maintainable before the State Commission since the amount of compensation claimed was an astronomical figure and having no basis whatsoever. The Consumer Complaint has been filed for two different cases and two different cause of actions which cannot be clubbed together in a single complaint. According to the opposite parties, they provided services depending on certain terms and conditions and guide lines. They admitted that the complainants had purchased four tickets from the authorized agent M/s. K'line Air Services of Bhubaneswar on 8th September, 2006 for travelling from Chennai-Port Blair-Chennai by flight no. IC 549 dated 25.9.2006 and IC 550 dated 30.9.2006 respectively. On 30.9.2006 flight no. IC 550 bound from Port Blair to Chennai due to late arrival of incoming aircraft from Chennai to Port Blair was delayed which was beyond the control of the Indian Airlines as such the flight took off at Port Blair at 11.10 hours instead of the schedule time at 8.30 hours. They denied the averments of the complainants that they were harassed in Port Blair Air Port due to lack of basic amenities and care. In view of the delay the Air Port Information Boards were updated, repeated announcements were made to keep passengers updated, passengers whose local contact numbers were available were informed regarding revised departure timing of the above flight, arrangements were made to serve breakfast on ground at 0800 hours by M/s. Annapurna Caterer along with tea/coffee/cold drinks from Airport Snacks Bar counter. Further arrangements were made to uplift High Tea to be served on board and the passengers were personally met either by the Area Marketing Manager or Airport Manager of the opposite parties and were updated about the flight departure status from time to time explaining reasons of the delay. It is the further case of the opposite parties that in some letters, the Senior Officer of opposite party no. 1 conveyed sincere apology for the inconvenience caused to the complainants, but that does not mean that the opposite parties duly admitted the so called lapses.

  3. Regarding the journey...

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