Andhra Pradesh - Visakhapatnam   

Airlines asked to pay compensation

VISAKHAPATNAM: The Visakhapatnam District Consumer Forum-I has directed an airlines company to pay compensation to a consumer for delay in its flight which caused inconvenience to a consumer.

An advocate of the city Sreerangam Padmini booked tickets for her and her two children remitting Rs.13,677 for return journey from Delhi to Hyderabad by SpiceJet and from Hyderabad to Visakhapatnam by Jet Lite flight.

The scheduled departure of SpiceJet flight from Delhi was 8.30 a.m. on Oct. 22, 2007 and arrival in Hyderabad was at 12.40 p.m. on the same day, and there was a gap of more than two hours between the two flights. However, while the consumer was on her way to Delhi airport, she was informed by the SpiceJet staff that the flight was delayed by two hours which left her no option except cancelling the tickets as she would not be able to catch the connecting flight at Hyderabad.

The consumer was forced to stay back in Delhi for two days as she could not get alternative accommodation for her and two children by any other flight or train and ultimately, she could make it in II AC of Dakshin Express in Tatkal category by paying Rs.7,160 on Oct. 24.

She was forced to spend Rs.5,000 towards hotel accommodation and another Rs.5,000 towards other incidental expenses like food and transport charges.

After several requests, SpiceJet authorities repaid Rs.8,997 out of Rs.13,677 and refused the pay the balance amount. The consumer then filed a complaint (247/2009) in the Forum against SpiceJet represented by its Customs Relations Officer in Delhi (OP 1), its CRS at Visakhapatnam (OP 2) and also against CRS of Jet Lite office at Visakhapatnam airport (OP 3) for damages.

The OP 1 and OP 2 in their counter pleaded that as per the terms the flight could be cancelled or delayed due to bad weather and other technical reasons and defects they could not be made liable.

The flight was delayed due to technical reasons and this was intimated to the complainant. She, on her own, chose to cancel the ticket and sought refund and they repaid the fare.

The airlines had no dealings with other airlines or connecting flights, they said and also stated that the Forum has no jurisdiction as there was no cause of action at Visakhapatnam since mere purchase of tickets.

The OP 3 filed no counter obviously as no relief was claimed against it.

President of Forum-I, N. Jagannadha Rao, and members G. Viswanatha Reddy and D. Suseela, in their recent judgment, observed that the opposite parties did not come up with any material to show the circumstances under which the delay was occurred in order to verify whether it was beyond its control or there was any negligence on their part or not.

The forum partly allowed the complaint, directed OP 1 and OP 2 to pay Rs.13,790 inclusive of Rs.5,000 for lodging expenses and another Rs.5,000 as compensation and Rs.3,790 - the balance amount on fare refund.

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