Copmplaint against Airlines

for Ministry of Company Affairs | Date - 15-12-2006


LOK SABHA

The Ministry of Civil Aviation has informed that they have received large number of complaints from time to time from passengers regarding denial of services or facilities which they expect the airlines to provide.  These include delays/cancellation of flights, providing free wheelchair facility, in-flight amenities, meals/snacks for passengers of delayed flights etc.  

            The Director General of Civil Aviation (DGCA) has directed the Airlines that comprehensive information on the facilities provided to the passengers free of cost and facilities which are available at a price be included in their website in a conspicuous manner.  The need for prompt response to complaints has been regularly emphasized by the Government and DGCA in meetings with domestic airline operators.

            The Monopolies and Restrictive Trade Practices Commission and Director General (Investigation & Registration) have also received complaints against the private airlines.   The details of complaints against private airlines received by the Monopolies and Restrictive Trade Practices (MRTP) Commission and Director General (Investigation & Registration) are annexed at Annex 1 and 2 respectively.  The MRTPC is a quasi-judicial body.  The enquiries are sub-judice before the Commission.  Since the cases referred to above are pending before the Commission at various stages of enquiry, findings of irregularities or action ordered therein, if any, can be known only on the conclusion of the proceedings.

 

Shri Prem Chand Gupta, Minister of Company Affairs gave this information in reply to a question raised by Shri P. S. Gadhavi in Lok Sabha today.

BY- 67/06


Annex -1 

STATEMENT SHOWING DETAILS OF THE CASES RECEIVED DURING THE LAST THREE YEARS BY THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES (MRTP) COMMISSION

 

S.No

UTPE/RTPE No.

Title of Enquiry with Respondent 

Details of the case

1.

*RTPE 23/2004

Cox & Kings (I) Pvt. Ltd. Mumbai

 

Vs.

 

Delta Airlines INC,

Mumbai

Cox & Kings (I) Pvt. Ltd. filed an application under section 10(a) (i) of the MRTP Act against Delta Airlines.  It was alleged that the airlines did not refund the tax amount paid by the complainant under section 143 of the Income Tax Act.  The matter has been settled between the parties and the case is dismissed as withdrawn on 31.5.2006.

 

2.

RTPE 26/2004

Khagesh Agarwal, Faridabad

 

Vs.

 

Jet Airways (I) Pvt. Ltd.

Mumbai

Shri Khagesh Agarwal filed an application under section 10 (a)(i) of the MRTP Act in respect of pricing of their tickets. The matter was listed before the Commission  on 25.4.2006 and the same was dismissed for want of prosecution, i.e. the complainant did not pursue the case.

 

 

3.

RTPE 33/2005

Stick Travels Pvt. Ltd.

New Delhi

 

Vs.

 

M/s Virgin Atlantic Airways Limited, New Delhi

Stick Travels Pvt. Ltd. filed an application; under section 10(a) (i) and 36A of the MRTP Act.  It was alleged that the respondent is terminating the agreement of the complainant without any reason.  The matter is listed on 15.1.2007 for consideration.

 

4.

RTPE 15/2006

Consumer Education and Research Society, Ahmedabad

 

Vs.

 

Jet Airways India Limited, Mumabi

 

2. Air Sahara , Lucknow

 

3. Indian Airlines, New Delhi

A complaint filed by Consumer Education and Research Society, (CERS), Ahmedabad under section 27 of the MRTP Act, 1969 with a request to enquire into the merger of Jet Airways and Air Sahara. The matter was listed before the Commission 30.11.2006 and disposed off stating that the proposed merger of the two airlines was no where in sight. 

 

5.

30(34)UTPE**/06

D.G.(I & R)***

 

Vs.

 

Sahara Airlines Limited, New Delhi

Ministry of Company Affairs forwarded a representation made by Shri Uday Singh, MP, Lok Sabha to the Prime Minister, requesting for examination of the buy out of Sahara Airlines by Jet Airways to the D.G.(I & R) with the direction to investigate into the matter and file a Preliminary Investigation Report.  The D.G. (I & R) filed a Preliminary Investigation Report which was considered by the Commission on 30.11.2006 and disposed off stating that the proposed merger of the two airlines was no where in sight. 

 

6.

UTPE 36/2006

Manish Chaudhary, New Delhi

 

Vs.

 

Aeroflot, New Delhi

Shri Manish Chaudhary filed an application under section 36A and 12B of the MRTP Act against Aeroflot.  It was alleged that the applicant lost his air ticket at Vienna and the respondent company did not issue the duplicate ticket and he suffered a loss.  The complainant was not satisfied with the service rendered by the respondent. The matter is listed for consideration on 9.1.2007.

7.

UTPE 51/2006

Hitish Kumar, Delhi (informant)

D.G.(I & R)

 

Vs.

 

Spicejet, Gurgaon

Shri Hitish Kumar filed a complaint against Spicejet which was sent to the D.G.(I & R) with the direction to investigate the matter and file the Investigation Report. The D.G.(I & R) filed a Preliminary Investigation Report stating that the respondent was indulging in unfair trade practice under section 36A of the MRTP Act.  The report was considered and the Commission issued a notice of enquiry. The matter is listed for 16.1.2007 for framing of issues.

 

 

 

8.

UTPE 87/2006

D.G.(I & R)

 

Vs.

 

Various Airlines

 

1.Indian Airlines, New Delhi

2.Go-airlines India  (P) Limited,

Mumbai

3.M/s Sahara India Airlines, New Delhi

4.Deccan Aviation (P) Limited, Bangalore

5.Spicejet Limited, New Delhi

6. M/s Airlines Elite Services Limited, (Alliance Air), New Delhi 

Based on a news-item in Economic Times, the Commission ordered a preliminary investigation by the D.G.(I & R) in the matter of various airlines to examine terms and conditions of forfeiture of money on cancellation paid by the passengers for purchase of the tickets. Notice of enquiry was sent to all airlines and the next date of hearing is scheduled for 14/2/2007.

9.

UTPE 90/2006

Sushil Kumar Gupta, New Delhi

 

Vs.

 

Spicejet ,Gurgaon

A complaint filed by Shri Sushil Kumar Gupta alleging that M/s Spicejet had failed to refund the amount of air tickets on cancellation, which he had booked for Delhi – Srinagar- Delhi.  The matter was referred to the D.G. (I & R) for investigation.  The D.G. (I & R)  filed a Preliminary Investigation Report.  On the basis of the report the Commission has instituted an enquiry into the unfair trade practices.  The matter is listed for 15.1.2007 for framing of issues.

*            Restrictive Trade Practices Enquiry.

**          Unfair Trade Practices Enquiry.

***        Director General (Investigation & Registration)


Annex-2

 

STATEMENT SHOWING DETAILS OF THE CASES RECEIVED DURING THE LAST THREE YEARS BY THE DIRECTOR GENERAL (INVESTIGATION & REGISTRATION) D.G. (I & R)

(i)         A complaint was received from M/s. G. Surgiwear Ltd. Vide letter dated 01st August, 2005 regarding a passenger ticket from Air France purchased by the complainant with intention to travel from Paris to Saopaulo and to Paris on 12th June, 2005.  The complaint was taken up with the company.  The complainant did not pursue his complaint when the reply of the airlines was brought to the notice of the complainant.  The matter was closed.

 

(ii)      One Shri Hitesh Kumar resident of Timarpur, Delhi addressed a complaint dated 31st May, 2006 to the Secretary, MRTP Commission that M/s. Spicejet Ltd. offered seats @ Rs. 99/- per ticket through Internet but the company did not adopt fair method of booking of tickets and, therefore, the complainant could not book the return ticket to Goa for his family.  On the basis of a Preliminary Investigation Report submitted by DGI&R, the Hon'ble Commission has issued Notice of Enquiry vide order dated 13th November, 2006.

 

(iii)       A complaint was received from one Shri Sushil Gupta, resident of Defence Colony, New Delhi vide letter dated 15.5.2006 addressed to the Secretary, MRTP Commission alleging that M/s. Spicejet Ltd. had failed to refund the amount of the air-tickets on cancellation which he had booked for Delhi-Srinagar-Delhi.  On the basis of Preliminary Investigation Report submitted by DGI&R, the Commission has instituted an enquiry into the unfair trade practice flowing from its rules relating to forfeiture of the amount paid for the purchase of tickets vide order 13th November, 2006.

 

(iv)        A complaint dated 25th November, 2006 has been received from one Shri Devaraj Menon against Go Airlines alleging non-refund of fare on cancellation of tickets and not giving benefit of lower fare to those who had booked the tickets earlier.  The complaint is under investigation.

 

(v)                  A Preliminary Investigation Report (PIR) has been submitted before the MRTP Commission by DGI&R suggesting an enquiry into the unfair trade practice of non-refund of the amount of tickets on cancellation by the following airlines – M/s. Go Airlines Pvt. Ltd., M/s. Spicejet Ltd. besides Indian Airlines Ltd. and Alliance Airlines.  PIR is under consideration of the Hon'ble Commission. 

(vi)        A complaint was received from one Shri Hemant Poddar of Calcutta vide his letter dated 27th November, 2006 alleging that M/s. Indigo Airlines has failed to refund the fare paid for purchase of tickets on cancellation.  The complainant had cancelled the tickets due to preponement of the flights.  The complaint is under investigation.

 

(vii)       A complaint was received from one Shri Shubra Sapru resident of Mumbai vide his letter dated 28th November, 2006 alleging that Indigo Airlines has refused to refund the booking amount of six tickets amounting to Rs. 27,594/- on cancellation.  The complaint is under investigation.

 

(viii)      A complaint was received from one Shri Bhuban Dutta resident of Guwahati vide his letter dated 28th November, 2006 addressed to the DGI&R alleging that M/s. Spicejet Ltd. had failed to refund the booking amount of the tickets on cancellation.  The complaint is under investigation.

 

(ix)       A complaint dated 21st January, 2006 was received from Shri Uday Singh regarding reported buy out of Sahara Airlines by Jet Airways.  A Preliminary Investigation Report was submitted by DGI&R for consideration of the Hon'ble Commission.  The case has since been disposed off by the Hon'ble Commission.


(Release ID :23393)

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