Complainant:

M.N. Uthappa
2-5-4 Laggere
Peenya 2nd Stage
Rajagopal Nagar
R.V. School
Bangalore- 560 057


/vs/



Opposite Party:


The Managing Director
Go Airlines (India) Ltd.,
Paper box house
Off Mahakali Cave Road
Andheri (East)
Mumbai-400 093

O R D E R



SRI. G. SIDDANAGOUD, PRESIDENT:

This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the Opposite party (Op in short) for the payment of Rs.12,845/- with interest, compensation of Rs.25,000/- with costs and for such other reliefs.

The brief facts of the case are that the complainant intend to come to Bangalore from Delhi on 05/05/2008 along with his friend K.E. Kishore Kumar, therefore the Petitioner had booked ticket for two persons i.e Delhi to Bangalore, through Op Company air lines on 14/04/2008 through the agent of the Op Palgota Travels Bangalore.

The complainant along with his friend, on 05/05/2008 reached Delhi Airport Counter of Go Air at 4.30 Am to collect board pass to Delhi-Bangalore Flight Departing at 5.20 Am. The complainant had given his two tickets No BIDNZL and B5JOB2 to the staff at the counter of the OP Company at Delhi Airport and demanded board pass to board the Delhi-Bangalore Flight departing at 05=20 Am. The complainant and the his friend was not issued board pass by the Staff of the Op Airlines and stated that they are late and the flight had left Delhi for Bangalore The complainant and his friend in spite of reaching the OP airlines counter at 4.30 am on 05/05/2008 was unnecessarily harassed by the staff of the Op airlines company at Delhi Airport without issuing board pass or giving any convincing answer for about 20 minutes or made any alternative arrangement. The complainant counter airline staff in Ticket No BIDNZL changed printed time of departure 5.20 am to 05-05 Am. Thereafter the complainant and his friend left the premises of the Counter to Go Air at 4-50 Am. Before leaving the counter the staff of the Op Airline mentioned the time on the confirmed ticket as 4-50 Am and put a seal. The complainant had urgent work at Bangalore and was not having sufficient money to buy two tickets, therefore the complainant called up his relative at Delhi and requested him to arrange money and booked two tickets at a heavy cost of Rs.12,845/-, through spice jet.

The complainant relative Rima Muthappa sent an e-mail to the Mumbai Office of the Op Airlines on 15/05/2008 about the non-issue of the boarding pass to M.N.Uthappa and his friend and also the harassment faced by them from the staff of the OP Airlines Counter at Delhi on 05/05/2008, 4=30 Am. To the e-mail of the complainant relative Rima Muthappa, the Op Airlines Company Executive Customer Service, Priya Kurup Replied through e-mail dated 22/05/2008 and stated that their company is agreed to refund an amount of Rs.3,950/- vide voucher having validity for six months. The Op company Customer Service Executive Priya Kurup sent one more e-mail to the Relative of the complainant Rima Muthappa and sent the details of the voucher Number as 43MFY9 for Rs.3,950/- to utilize towards any future travel by Go Air. The complainant did not accept the offer of the Op as the complainant is not a frequent traveler and the reimbursement amount is very less then the actual amount of the Flight ticket Delhi-Bangalore. Hence the complainant approached this forum.

Op appeared through its counsel, filed its version and also gave evidence by way of affidavit. Complainant gave his evidence by way of affidavit. Heard arguments on both sides and learned counsel for complainant submitted written arguments also.

According to learned counsel for complainant, even though reached the counter for boarding pass unnecessarily the staff of Op went on arguing with the complainant without issuing the boarding pass and at 4.50 he refused to issue the boarding pass stating that the flight has already departed. According to learned counsel for OP as per the terms and conditions, the passengers have to confirm the time schedule of the flight and the complainant and his friend is not reached the boarding counter as per the time schedule. As per the endorsement made by the staff of Op at the counter on the tickets it is mentioned as 4.50 AM. On the date of journey, the complainant and his friend were returning from Delhi to Bangalore. On the ticket of the complainant, the departure time is shown as 5.20. But on the ticket of the friend of the complainant Kishore Kumar the departure time has been altered as 5.05. According to learned counsel for complainant when they refused to issue the boarding pass immediately they have changed the timings in one of the tickets. When we peruse both the tickets it clearly discloses that in order to suit the arguments of the staff of the OP at the counter they have changed the time in one of the tickets. But as per the tickets of complainant, the timings is mentioned as 5.20. Even if we taken into consideration, the time mentioned by the counter as 4.50 am there was sufficient time in the counter to issue the boarding passes. When the return tickets were purchased by the complainant and his friend there was no necessity to showing any negligence to reach the Airport and to purchase the tickets of Spice Jet Airlines by paying the excess amount to reach Bangalore. When we peruse the correspondences and the reply given by the OP they have clearly admitted that no show being informed. This statement in the reply completely contradicts the objection taken in the pleadings of the Op in respect of informing the change of timings through SMS. However, the Op has offered all assurance to refund of an amount of Rs.3,950/- by way of voucher with validity of 6 months. The complainant could use the said voucher towards any future travels through Op Airlines. When we peruse the documents and the pleadings they are all contradictory. When the Op has failed to issue the boarding pass even though the complainant and his friend were in time before the counter, they can not show any sympathy towards customer. Because of negligent attitude of the staff of the Op, the complainant and his friend were made to suffer in the Airport and collecting journey amount from friends and relatives to purchase tickets from other Airlines to reach Bangalore. This sort of an act on the part of the OP definitely amounts to deficiency in their services. It is their bounden duty to refund the amount paid by the complainant and his friend towards Air fare with costs.

In view of the discussions made above, we are of the opinion that the complainant has proved the deficiency in service on the part of the Op. Accordingly, we pass the following order.

O R D E R

Complaint is allowed. Opposite party is directed to refund an amount of Rs.8,600/- (Rupees Eight Thousand Six Hundred only) to the complainant with costs of Rs.3,000/- (Rupees Three Thousand only) and this amount is to be paid to the complainant within six weeks from the date of this order.