CHAIRMAN AND MANAGING DIRECTOR, AIR INDIA LTD AIRLINES & 2 ORS Vs. GOKUL CHANDRA CHAKRABARTI & ANR

JUDGEMENT

(1.) Aggrieved by the order dated 30.01.2017 in CC No. 288 of 2014 passed by the State Consumer Disputes Redressal Commission, West Bengal (for short the "State Commission"), the Opposite Parties (hereinafter referred to as "Air India") preferred this Appeal under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"). By the impugned order, the State Commission has allowed the Complaint in part directing Air India to pay a sum of Rs.15,00,000/- to the Complainants within 30 days together with costs of Rs.10,000/- with default interest of 8% p.a.

(2.) Briefly stated, the facts material to the case are that the Complainants purchased round-trip tickets to travel to USA by Air India at a consolidated price of Rs.1,45,396/-. The travel particulars with sitting options were given by the Complainants and agreed upon by Air India and E-Ticket Itinerary Receipt was issued. It is averred that seat No. 10-E and 10-F in Flight No. AI23 for the journey from Kolkata Airport to Delhi and seats No. 20H and 20J in Flight No. AI 127 for the journey from Delhi to Chicago were allotted to them. Those seats were agreed for by the Complainants only to avoid discomfort and inconvenience due to turbulence. In addition a request was made for providing a wheel-chair to the second Complainant which was also agreed upon. It is stated that on 07.05.2014 after reaching the check-in counter at Kolkata Airport, when the first Complainant requested the concerned staff to issue the Boarding Passes and accept the check-in bags, his request was turned down on the plea that the said counter was meant for Dhaka flight. When he pointed out that no such board was displayed in the counter, an argument had followed between him and the concerned check-in staff. It is averred that although the Boarding Passes were issued from the said counter, the seat particulars were changed from 10-F and 10-E to 12-A and 12-B respectively in Flight No. AI 23 and seats No. 52J and 52K were allotted in place of seats No. 20H and 20K in AI 127. As a result of these changes, they were placed in the last row close to the tail end of the flight which had made their life hell as they had to struggle hard to bear with the excessive jerking. It was also pleaded that no wheel chair was provided to the Second Complainant at Delhi Airport which caused extreme and unbearable suffering to her. Both the Complainants had fallen sick and had to suspend their work in the United States of America. An e-mail was addressed to Air India on 05.06.2014 by them seeking compensation for which a reply was received on 29.06.2014 tendering an apology, but refusing to pay any compensation. Hence this Complaint seeking the following reliefs:-

(3.) Air India filed their Written Version denying all the allegations made in the Complaint. It was averred that the wheel-chair could not be arranged for the Second Complainant at Delhi Airport due to paucity of the same. The changes in respect of the sitting arrangements was on account of a rare system error. It was denied that there was excessive jerking movements as no other passengers except these two Complainants had complained of the same. It was denied for want of knowledge that the Complainants had to cancel all social and religious functions because they were confined to the bed for a month.