NCDRC Directs Jet Airways To Pay Rs 1 Lakh To Traveler For Failing To Inform Rescheduling Of Flight [Read Order]
The National Consumer Disputes Redressal Commission (NCDRC) has directed Jet Airways to compensate one of its travelers to the tune of Rs. 1 lakh for failing to inform him about re-scheduling of his flight.
The Complainant, Dr. Akash Lalwani, had booked an air ticket through M/s Yahoo Tour and Travels, on a Jet Airways Flight from Raipur to Kolkata. However, on the scheduled date of departure, the said flight was combined with another flight and it left more than 10 hours before the scheduled time of departure. The same was not informed to the Complainant and as a result, he missed the flight and could not appear in an examination. This culminated into a consumer complaint for deficiency of services on account of Respondents, Jet Airways Pvt. Ltd. and M/s Yahoo Tour and Travels, before the District Forum.
The Respondent, Jet Airways contested that rescheduling of the flight was duly intimated to the booking agency 'Yatra Online Pvt. Ltd.' and the agency had failed to inform the complainant with respect to the change in the schedule.
M/s Yahoo Tour and Travels on the other hand submitted that the contact details of the complainant had been given to Jet Airways and it was for the airline company to inform the Complainant regarding change in the time of flight.
The District Forum allowed the complaint, granting compensation worth Rs. 11 lakh and directing the both the Respondents to refund air fare, taxi fare, examination fee and cost of books to the Complainant. In appeal, the State Commission partially allowed the Respondents' case by reducing the compensation to Rs. 1 lakh.
Subsequently, revision petitions titled "Yahoo Tour and Travel v. Dr. Akash Lalwani & Anr." and "Jet Airways (India) Ltd. v. Dr. Akash Lalwani & Anr." were moved before NCDRC, assailing the aforementioned order. Perusing the records, Justice V.K. Jain noted that the ticket was booked through Yahoo Tour and Travels and not through Yatra Online Pvt. Ltd. In this light, the court released the booking agency of any liability and directed Jet Airways to pay a compensation of Rs. 1 lakh to the Complainant.
"…as far as Yahoo Tour and Travels is concerned, there is no evidence that the intimation of change in the schedule time of the flight in which the complainant Dr. Akash Lalwani was booked had been given to the aforesaid firm. Having not received any information from Jet Airways India Ltd. with respect to the change in the time of the flight in which the complainant was booked, Yahoo Tour and Travels had no opportunity or occasion to intimate the said change in the time of the flight to the complainant. Therefore, Yahoo Tour and Travels cannot be said to be deficient in rendering services to the complainant merely because the ticket was booked by the complainant through the said agency. However, as far as Jet Airways India Ltd. is concerned, it does not even claim to have intimated the change in the schedule time of the flight to the complainant. Though the case of Yahoo Tour and Travels is that it had provided all the details of the complainant to Jet Airways assuming that the details were not provided, it was for Jet Airways to ascertain the details of the passenger from the travel agent and intimate the change of time to him. That admittedly was not done. Therefore, Jet Airways India Ltd. was clearly deficient in rendering services to the complainant it having not intimated the change in the schedule time of the flight to him", the court said.