State Consumer Disputes Redressal Commission
Dr. Keki Pheroze vs Deccan Aviation Ltd. on 10 March, 2011
BEFORE THE A BEFORE THE A.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD. F.A. 87/2008 against C.C. 737/2007, Dist. Forum-I, Hyderabad. Between: Dr. Keki Pheroze Markers Building Flat No. 5, Chenoys Fire Temple Colony 889/3, Tilak Road Abids, Hyderabad. *** Appellant/ Complainant. And Deccan Aviation Ltd. Rep. by its Manager Now Rep. by King Fisher Airlines House Western Express Highway Vilie Parle, East Mumbai-400 099 Though its Managing Director *** Respondent/ Opposite Party Counsel for the Appellant: M/s. N. V. Jagannath Counsel for the Resp: Ms. Vijaya Sagi CORAM: HONBLE SRI JUSTICE D. APPA RAO, PRESIDENT & SMT. M. SHREESHA, MEMBER
THURSDAY, THIS THE TENTH DAY OF MARCH TWO THOUSAND ELEVEN Oral Order: (Per Honble Justice D. Appa Rao, President) ***
1) This is an appeal preferred the complainant against the order of the Dist Forum in not awarding any compensation towards mental agony and directing only refund of the amount spent towards tickets etc.
2) The case of the complainant in brief is that he is a retired professor and civil surgeon at Osmania General Hospital. His services have been availed by several corporate hospitals and also served in the premier hospitals at Saudi Arabia as consultant and presently working as consultant in SVR Hospital at Ameerpet, Hyderabad. While so he had to attend the marriage of his nephew in Bombay on 9.2.2007 and as an elder in his family his presence was absolutely necessary. There upon he booked to and fro tickets on 15.1.2007 for his journey from Hyderabad to Bombay on 9.2.2007 at 12.40 p.m and return journey from Bombay to Hyderabad on 12. 2. 2007 at 02.30 p.m. An amount of Rs. 5,502/- was drawn by the respondent through credit card towards to and fro tickets. To his surprise on 31.1.2007 he was informed that the scheduled departure was postponed to 22.20 hrs instead of 12.40 hrs. In view of rescheduling he could not be able to be present at the ceremony on time.
In the circumstances he had to cancel the booking after appraising the situation for which the respondent promised to refund the amount within 15 days. Since the amount was not paid he again contacted them for which they promised to refund after 40 working days. He booked the tickets in Indian Airlines by spending Rs. 5,630/- for attending the marriage and returning back. Even after expiry of 40 days no response was received. When contacted the respondent informed that the amount was credited to his account. However, on verification he found the information was incorrect. He spent about Rs. 1,420/- from February to June, 2007 towards STD phone calls to the opposite party office at Bangalore vide mobile phone bill. It amounts to deficiency in service. It not only postponed the timing of the departure but also making false promises of refund of the amount. Though he published his plight in The Hindu newspaper but nothing was turned out. Therefore he claimed Rs. 5,502/- towards refund of flight charges, Rs. 1,420/- towards STD calls, Rs. 93,076/- towards compensation for mental agony, inconvenience with interest and costs.
3) The respondent airlines did not choose to contest matter despite service of notice and therefore it was set-exparte.
4) The complainant in proof of his case filed his affidavit evidence and got Exs. A1 to A4 marked.
5) The Dist. Forum after considering the evidence placed on record opined that the complainant was entitled to Rs. 6,922/- (Rs. 5,502/- + 1,420/-) towards flight charges with interest @ 9% p.a., together with costs of Rs. 2,000/-.
6) Aggrieved by the aid decision, the complainant preferred the appeal contending that the Dist. Forum did not appreciate the facts in correct perspective. The Dist. Forum erred in not awarding any compensation towards mental agony for the amount paid on 15.1.2007 except promising that it would refund the amount it did not pay the amount. In view of inconvenience caused, the Dist. Forum ought to have awarded compensation more so, when the respondent did not even care to contest the matter.
7) The point that arises for consideration is whether the order of the Dist. Forum is vitiated by mis appreciation of fact or law?
8) It is an undisputed fact that the complainant booked air tickets in the respondent aircraft for to and fro journey from Hyderabad-Bombay-Hyderabad by purchasing to and fro tickets evidenced under Ex. A2. It is also not in dispute that the complainant could not travel in the said flight, in view of change in timings by the respondent, and consequently he was forced to cancel the tickets.
He purchased the tickets in Indian Airlines aircraft by incurring extra amount. Later the complainant despite repeated STD calls evident from statement of phone calls Ex. A1. the respondent did not refund the fare. No doubt the Dist. Forum while refunding the amount, which was incurred by the complainant, however failed to award any compensation for the amount spent by the complainant as long back as on 15.1.2007. There was no reason as to why the said amount was not refunded, obviously the respondent airlines has no regard for the claim made by the complainant. It could not give any explanation for this deficiency in service. It could not explain as to why the flight was rescheduled. Equally it could not explain as to why the amount was not refunded. It is not as though the respondent was not informed. Repeatedly the complainant by spending amounts towards STD contacted the respondent vide bill Ex. A1. This shows that respondent was bent upon causing inconvenience to the complainant. Come what may, it did not want to pay the amount. It is a clear case of harassment on the part of airlines, against a customer, who did not commit any mistake. At the cost of repetition, it may be stated that that there was no defence for the respondent justifying its conduct in non-refunding of the fare. The respondent airline is not only reluctant to communicate with the complainant, obviously thinking that nothing would happen to it, as it is being a reputed airline. This case represents the height of dis-service on the part of respondent airlines towards its customers. It constitutes not only grave deficiency in service but also utter arrogance and high handedness. Such conduct has to be curbed at the earliest. They might be under an impression that they are not answerable nor they need be transparent in the deal. Considering the conduct of the airlines and the status of the complainant, we are of the opinion that a compensation of Rs. 50,000/- could be awarded towards mental agony which we feel reasonable and modest though he claimed a sum of Rs. 1 lakh.
9) In the result the appeal is allowed in part directing the respondent to pay Rs. 50,000/- towards compensation besides the amount that was already awarded by the Dist. Forum together with costs of Rs. 5,000/- in the appeal. Time for compliance four weeks.
1) _______________________________ PRESIDENT
2) ________________________________ MEMBER Dt. 10.
03. 2011.
*pnr UP LOAD O.K.