Indigo Airlines

**Sidhant** · 09-12-2009, 08:32 AM

Complainant:

P.N. Ganesh

S/o. P.G. Nagesh Rao

Aged about 39 years

R/at No.141, 5th Phase

Green View Apartment

Opp. Neha Prakash Hospital

Yelahanka New Town

Bangalore-560 064

/vs/

Opposite Parties:

1. M/s. Indigo Airlines Ltd.,

Corporate Office at

Level-I, Tower-C

Global Business Park

Mehrauli, Gurgoan Road

Gurgoan – 122 002, Haryana, India

R/by its Manager

2. Also having branch at

M/s. Indigo Airlines Ltd.,

G-17/20, Richmond Road

Near Baldwins Girls School

Bangalore- 560 025

R/by its Manager

3. Also having authorized Agent at

M/s. Priyadarshini Airwings

Authorized agent for

M/s Indigo Airlines Ltd.,

No.62/5, Sharada Building

Opp. Rama Temple

B.V.K. Iyengar Road

Bangalore- 560 053

R/by its Manager

O R D E R

This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the Opposite parties (Ops in short) for the refund of an amount of Rs.15,600/- with interest, compensation of Rs.80,000/- with costs and for such other reliefs.

The brief facts of the case are that the complainant is working as a Police Sub-Inspector, Hosahalli Police Station, Doddaballapur Taluk, Bangalore Rural District- 561 203. Further, he was entrusted as Investigating Officer in investigating crime No.70/05 for the offences U/s 465, 468, 471, 489, 420 R/w. 34 of I.P.C. along with Sec. 12(3) of The Indian Passport Act. Further, he along with another Police constable namely Mr. Boregowda (PC NO.1646) was deputed to arrest the Accused in the said crime at Mumbai by issuing a circular vide No.CI/DBP/MRR/No.612/08, dt. 22/08/2008 and passport for police officers going outside the state.

The complainant along with his subordinate police constable Mr. Bore gowda, in discharge of their duty had been to Mumbai District, Maharastra State and on 25/08/2008. Further after receiving information about the accused at Meghawadi Police limits, the complainant and his subordinate PC, with the assistance of Meghawadi Policemen arrested the Accused and after recording his voluntary statement produced him to the Hon’ble Andheri Railway Mobile Court by filing Remand Application. But the same was rejected granting liberty to approach Metropolitan Magistrate. As such the complainant produced the accused at 9th Metropolitan Magistrate Court, Bandra, Mumbai. The said court handing over the Accused to complainant’s custody, passed an Order dt. 25/08/2008 remanding the Accused to be produced before the jurisdictional court at Bangalore on 29/08/2008.

The complainant in order to comply the order of 9th Metropolitan Magistrate Court, Bandra, Mumbai, the complainant was duty bound to take quick and safest route to produce the accused before the jurisdictional court since the accused was anti-social element, hence approached the Travels agency for booking Flight tickets with Op furnishing the identity and details of all travelers and their urgency of travel before PRASAD Travels, Shop No.1, Pooja Apt. Opp Ram Mandir, Bhayandar (West), Dist. Thane-401 101, including himself, one Police Constable namely Mr. Bore Gowda and the Accused Mr. Akhtar Hussain by paying a sum of Rs.15,600/- towards the cost of 3 nos. Air Travel tickets.

The complainant on 26/08/2008 approached the Op at Mumbai Airport and when the complainant and his 2 other co-travelers were about to board the plane, their tickets were rejected by Op in Mumbai Airport. At that point of time, the helpless complainant and his other co-travelers, were having no money and hence were put to irreparable hardship and untold loss. Virtually, the complainant was forced to beg money from others. The complainant when asked for the reason for refusing their tickets, the Op neither provided any documents nor disclosed the reason. Further, the Op instead of refunding the receipt amount, gave a credit in account for Rs.12,225/- in their Credit advice directing the complainant to make use of the same for travelling in Op’s flight within 1 year. Further the Op mis-appropriated the remaining amount of Rs.3,375/- without furnishing valid reasons exhibiting their deficiency in rendering service to the complainant, who was their respectable customer.

The complainant though was a customer of Op after purchasing tickets from his own hands, couldn’t utter any word in shock due to his responsible duty since he had detained accused under his custody. Further, the complainant took lot of risks and faced untold agonies in arranging funds for traveling to Bangalore, providing food to himself and his co-passengers and subsequent production of the accused before the jurisdictional court. The difficulty, trauma, embarrassment and humiliation undergone by the complainant at that juncture cannot be expressed in terms of words. The complainant sold his personal gold ring through his subordinate police constable Mr. Bore Gowda, to appropriate his travel and other expenses to the tune of Rs.5,000/-. Thus, the complainant was forced to travel through Bus viz 3 tickets nos.00003504, 00003505 and 00003506 dt. 26/0-8/2008 from Mumbai to Bangalore towards the cost of 3 bus tickets.

Due to the Op’s deficiency in service as explained above, forced the complainant to take huge risk for securing accused custody in the Bus until reaching the destination of jurisdictional court. Had the accused escaped from the complainant’s custody, it could have resulted in risk of departmental enquiry, loss of increments/promotions, suspension and/or termination of service and imprisonment for both the complainant and his sub-ordinate police constable. Having given this utmost risk, the Op has deliberately denied boarding the plane nor refunded the entire amount paid towards traveling tickets putting the complainant into pathetic situation who has left with absolutely no money. Further, the complainant inspite informing his police department about the said expenses he has not been reimbursed, since, the journey by AIR was not done by the complainant and his above said 2 co-travelers. Hence the complainant approached this forum.

Notices were sent to the Ops under RPAD and the same were served on them. None of them have appeared before this forum nor submitted their statement of objections. Hence Ops 1 to 3 placed ex-parte. Complainant gave his evidence by way of affidavit. Heard arguments of the learned counsel for complainant.

The complainant specifically on oath stated about the purchase of 3 air tickets from Mumbai to Bangalore by forwarding an amount of Rs.15,600/-. The documents produced by the complainant completely corroborates the evidence of the complainant. When they went in check-in to the board flight, they were not allowed and bluntly refused by the Indigo Airlines to entertain the complainant and other two passengers without giving any reasons. When the complainant has purchased the tickets to travel on the date of journey by air it is the bounden duty of the Indigo Airlines to allow the passengers to board the flight. But without giving any proper reasons bluntly refused to entertain the passengers.

When they have not allowed the passengers without giving any reasons it is their bounden duty to refund the entire amount paid by them. But they have credited the said amount in the name of complainant to utilize the same in the flight of the OP within one year. All the passengers will not have an opportunity to travel in the flight regularly. The complainant was permitted to by his superiors to go over to Mumbai to arrest one of the accused in the Crimes. Under such circumstances refused to entertain the complainant and other two passengers to board the flight amounts to deficiency in service and also non-refund of the amount paid by the complainant is also deficient act of the Ops. When the entire amount has been paid by the complainant to purchase the air tickets definitely he must have exhausted his money and forced him to sell his gold ring to purchase bus tickets. Apart from that in unknown place definitely he must have undergone embarrassment, mental agony and humiliation because of the deficient service of the Ops.

These facts have not been specifically denied by the Ops. Sufficient opportunities have been given to the Ops to file their statement of objection to rebut the evidence of the complainant. But the Ops neither appeared nor filed their statement of objection and infact Ops 1 to 3 placed ex-parte. In the absence of specific denial by the Op, the evidence given by the complainant is unchallenged.

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 Ops 1 to 3. Accordingly, we pass the following order.

O R D E R

Complaint is allowed. Opposite parties 1 to 3 are jointly and severally liable.

Opposite parties 1 to 3 are directed to refund an amount of Rs.15,600/- (Rupees Fifteen Thousand Six Hundred only) to the complainant within six weeks from the date of this order with interest @ 15% p.a from 26/08/2008 to till the date of realization.

Opposite parties 1 to 3 are further directed to pay an amount of Rs.20,000/- (Rupees Twenty Thousand only) as compensation to the complainant with costs of Rs.5,000/- (Rupees Five Thousand only).

**Sidhant** · 09-12-2009, 10:41 AM

Capt. Uday C. Arora,

R/at : 102, Cloud -9,

NIBM Road, Pune – 411 028. … COMPLAINANT

: Versus :

1. The Branch Manager,

Travel Guru,

Shop No.22, Connought Place,

C.T.S. 28, Off. Mangaldas Road,

Bundgarden road, Pune – 411001.

2. M/s. Indigo,

Level 1, Tower C,

Global Business Park,

Mehrauli-Gurgaon Road,

Gurgaon – 122 002.

Haryana. OPPOSITE PARTY

On the basis of this complaint, Complainant has implored the Forum that the Opposite Party No.1 be directed to refund the amount of Rs.5,152/- received from the Opposite Party No.2 to the Complainant. The Opposite Party No.1 be directed to pay cost of the complaint to the Complainant.

[2] The Complainant has alleged that he booked air-ticket through the Opposite Party No.1, Travel Guru on 17/8/2008, for Mumbai to New Delhi Flight Scheduled on 9/9/2008, at 11.35 a.m.. The Opposite Party No.2 Indigo issued the ticket on 23/8/2008. On 27/8/2008, the Complainant cancelled the ticket. The Opposite Parties refused to refund the charges, with deduction of money as mentioned in the terms and conditions. The Complainant stated that he sent an email on 28/8/2008 for refund of money. The Opposite Party No.2 responded with the information that the amount of Rs.5,152/- has been refunded to the Opposite Party No.1-Travel Guru and the Opposite Party No.1 has refused to refund the amount received from the Opposite Party No.2. The Complainant further stated that not refunding the amount received from the Opposite Party No.2 towards the cancellation of air-ticket of the Complainant, is unfair trade practice, as also deficiency in service of the Opposite Party No.1 i.e. Travel Guru. The Complainant stated that the Complainant and the Opposite Parties are within the jurisdiction of the Forum. The Complainant has annexed the documents in support of his claim, filed affidavit in lieu of evidence.

[3] After service of the notice, the Opposite Party No.1 never appeared in the Forum, not filed V.P., written statement, hence we proceed ex-parte against the Opposite Party No.1. The Opposite Party No.2 appeared in the Forum and filed written statement and resisted that the Complainant alleging deficiency in service rendered by the Opposite Party No.1 in respect of non-refund of the cancellation ticket amount by the Opposite Party No.1 to the Complainant. The Opposite Party No.2 stated that there is no cause of action against the Opposite Party No.2 and no relief has been claimed against the Opposite Party No.2. Hence strike off the Opposite Party No.2 in the said complaint. After hearing both sides, it reveals that during the pendency of the complaint, the Opposite Party No.2 has made the said payment to the Opposite Party No.1. The claim against the Opposite Party No.1 only survives. The application for deleting name of the Opposite Party No. 2 is granted and passed order on exh.1 on 19/3/2009, that the complaint against the Opposite Party No.2 is dismissed with no order as to costs.

Considering the relief claimed, the Forum has to formulate following Points :-

Points Findings

1. Whether the Complainant is entitled to claim any … Affirmative

relief against the Opposite Party No.1 ?

2 . Whether there is any deficiency in service … Affirmative

rendered by the Opposite Party No.1?

3. What order ? …As per final order.

Reasons(Points No. 1 to 3 ) :

[4] After having considered the documents on records and considering the fact that the Opposite Party No.1 neither appeared nor filed written statement, we are of the opinion that the Complainant is entitled to claim relief prayed for. Admittedly, an opportunity of being heard was given to the Opposite Party No.1, however the Opposite Party No.1 remained carefree. Since allegations on the part of the Complainant remained unchallenged, we are of the opinion that the Complainant being a “consumer” and in view of the deficiency in service, the Complainant is entitled to claim from the Opposite Party No.1 i.e. Travel Guru.

[5] After careful scrutiny of the record, taking into consideration all the relevant facts and circumstances, it reveals abinitolly substance in the said complaint. It reveals from the record that the Opposite Party No.1 – Travel Guru is travel agency. The Complainant booked air-ticket through the Opposite Party No.1 on 17/8/2008 for Mumai to New Delhi Flight Scheduled on 9/9/2008 at 11.35 a.m.. Accordingly, Indigo-Opposite Party No.2 issued ticket on 23/8/2008. Subsequently, on 27/8/2008, the Complainant cancelled the ticket. As per the records of the Opposite Party No.2, the balance of Rs.5,152/- has been refunded to the Agency Account i.e. the Opposite Party No.1 on 27/8/2008 and directed to the Complainant to contact the Travel Agency i.e. the Opposite Party No.1.

The Opposite Party No.2 has relied upon Reservation Record, prima-facie indicating that the payment of Rs.5,152/- has been made to the Opposite Party No.1. On being satisfied, prima-facie, the complaint as against the Opposite Party No.2 was dismissed and the complaint proceeded against the Opposite Party No.1. Accordingly, order was passed on 19/3/2009 on Exh.1. There is therefore no reason to disbelieve the Complainant. The amount of Rs.5,152/- is in the custody of the Opposite Party No.1. Therefore, the Opposite Party No.1 is liable to pay the said amount to the Complainant. As per the Opposite Party No.2 in case of booking made through Travel Agency, the balance after cancellation refunded to the same Travel Agency for passenger to claim refund. The Opposite Party No.1 has refused to refund the amount received from the Opposite Party No.2. It amounts deficiency in service on the part of the Opposite Party No.1. The Opposite Party No.1 is very well liable for denial of refund of Rs.5,152/- to the Complainant against the cancellation of Air Tickets. The Opposite Party No.1 is liable to refund the said amount of Rs.5,152/- with 9% interest W.E.F. 27/8/2008.

[6] The Complainant has also claimed cost of the complaint. After having considered the nature of allegations, we are of the opinion that it would be just an proper to award Rs.1,000/- towards the cost of the complaint.

For the reasons stated above and for the findings in respect of points No. 1 to 3, we proceed to pass the following order :-

// O R D E R //

The complaint is partly allowed.

The Opposite Party No. 1 is hereby directed to refund an amount of Rs.5,152/- to the Complainant together with interest @9% p.a. from 27/August/2008 till its realization .

The Opposite Party No.1 is hereby directed to pay Rs.1,000/- to the Complainant towards cost of the complaint.

The Opposite Party No.1 shall comply with the aforesaid order, within two months from the date of receipt of certified copy of the order.

**PK_Agarwal** · 11-28-2011, 07:40 PM

I, Praveen Kr Agarwal, a military serving at Srinagar in Jammu & Kashmir, had booked a domestic air ticket on 31 July 2011 for a journey on 05 Aug 11 from Srinagar to Dellhi vide PNR/Booking Ref No. MFVTDN from Indigo Airlines and payment made with my PNB Master Debit Card no. 5126 5200 8517 7066 (A/C No. mentioned below) online.
Due to immediate cancellation of my movement, I have cancelled the ticket on 03 Aug 11 but have not received the refund amount in my PNB saving account / Master Debit Card till date (about a period of 3 months) even after the several complaints registered with customer care helpline of Indigo Airlines and PNB both. On query from Indigo Airlines customer relations, I have been replied as follows:-

"On 10/4/11, IndiGo Customer Relations wrote:

> Dear Mr. Agarwal,
> Thank you for writing to us.
> With regards to your mail, we would like to confirm that the amount of Rs.1,882.00 towards PNR- MFVTDN, has been already refunded to your card account used for the booking under transaction ID 2001149182 and RRN Number 121615441013.
> Further, may we request you to kindly contact your concerned card issuing and quote the above said transaction ID and RRN Number to claim refund.
> Trust this clarifies.
> Once again thank you for choosing IndiGo, and taking time to communicate with us."

But, the said transaction ID / number has not been found with the Bank.

It is hereby requested to expedite on the case instruct the agency (Airlines / Bank) to credit the refund amount in My PNB Saving A/C No. 3965000400179510 at the earliest.

Thanking You in Anticipation and an early reply will be solicited.

**eesaa1319** · 01-08-2012, 09:55 PM

ru fauji becchara waqt ka mara why dont u be thand pe lund

**sujitkumarhota** · 01-10-2012, 03:26 PM

Dear Mods please tell me if I have a strong case against INDIGO

I had booked a ticket from Bhubaneswar to Delhi 7 Nov 2010 which costed me Rs 14,531 , which is around 3.5 times more than the usual fare.
On 7 feb 2011, Indigo refunded me Rs 5264 to my card account for some reason I dont know.

Today after 11 months they called me and asked me that they need the money back.

What should I do.. ?

**ramprakashshukla** · 03-26-2012, 01:03 PM

I RP Shukla working in abu dhabi and my daughter SHRUTI SHUKLA had not allowed to board from indira gandhi international airport with indigo air lines flight no. 6E-21 PNR No. UBEDCI for dubai on 1st march2012, because she was traviling after 08 months after. she studying in amity university noida and as per UAE visa rules student can travel with carrying university ID card OR university letter which proove that he/she is the current student of that university. on that day she had both documents, but boarding officer was not aware about this UAE visa rules and not allowed her to travel and also they not entertained to her to extend her ticket for next day.
so i make ticket for 3rd march2012 with indian air lines then she came uae with same documents.
so now i want a refund of 1st march 2012 ticket cost @6200/=INR OR issue ticket for new date and
reimbursement of indian airlines ticket cost @11700/=INR which was purchased by me to travel her to UAE on 3rd march2012.

**sonali kaushal** · 05-04-2012, 09:39 AM

I mrs. Sonali kaushal & my husband dr.Shashi kumar had taken the flight from patna to new delhi with flight no .6e233 on 22nd april 2012 .We were carrying two luggage of weight 29 kg. However on reaching delhi one of them was untraceable. My missing bag is of black color , vip brand , weight 17kg ,baggage tag number is 0312310304 , baggage description 'ba22hwx' , content of baggage cloths(silk ,cotton , supernet saares ,bangles , shirt paints ,jewellery box of estelle brand .
We complained about the missing bag to the indigo customer service counter and they provided us the pir with a complaint number 2012/04/23 /Del/M/3247 .Booking reference : uen7lc .
They assured us to inform about our baggage on 23rd april 2012 till 9pm but indigo staffs without any information just answering the same " we are looking into the matter " .
We are facing lots of problems because of our missing baggage .
Would request you to personally look into the matter and get us back our trolley bag at the earliest.
Distressed & harrassed customer
shashi kumar & sonali kaushal
ph-09899963215 , 9953714267

Indigo Airlines

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