Chandigarh

DF-I

CC/677/2021

Karuna Sharma - Complainant(s)

Versus

Air India Ltd. - Opp.Party(s)

Mohit Soni

04 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/677/2021
Date of Institution	:	5/10/2021
Date of Decision	:	04/09 /2023

 

1.       Karuna Sharma d/o Sh. A.K. Sharma R/o H. No.708, Sector 7-B, Chandigarh.

2.       Natansh Sharma aged 13 years d/o Karuna Sharma through Karuna Sharma r/o H. No.708, Sector 7-B, Chandigarh.

3.       Navya Sharma aged 13 years  d/o Karuna Sharma through Karuna Sharma r/o H. No.708, Sector 7-B, Chandigarh.

… Complainant(s)

V E R S U S

1.       Air India Ltd. Headquarter, Airlines House, 113, Gurudwara Rakabganj Road, New Delhi through its Managing Director.

2.       Air India Regional office, SCO 162-164, Sector 34-A, Chandigarh through its regional Head.

3.       Chief Executive officer, New Civil Air Terminal, Chandigarh International Airport, Mohali, SAS Nagar, Punjab 140306.

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Aman Arora, Advocate proxy for Sh. Mohit Soni, Advocate for complainants
	:	Sh. Daksh Prem Azad, Advocate for OPs No.1&2.
	:	OP No.3 exparte.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that on 23.11.2020  the complainant booked three flight tickets for herself and her two minor children  vide Exhibit C-1 with the following details:-

 

Ref. No.	Date	Time	Departure date	Arrival time
8820275583	23.11.2020	20:54 hrs	28.11.2020	13:40 hrs.

 

passenger details:

Type	Name	E-ticket
Adult	Mrs. Karuna Sharma	0983763498560
Minor	Ms. Navya Sharma	0983763498561
Minor	Mr. Natansha Sharma	0983763498562

      

 

 

Airline	Departure	Arrival	Baggage (per person)	Cabin Baggage (per person)	GDS	Airline PNR
Air India AI-9806 Refundable	Chandigarh (IXC) Sat, 28 Nov, 2020, 12:35 PM Booking Class: T	Delhi (DEL) Sat, 28 Nov, 2020 1:40 PM, Terminal 3	ADT-15 Kg	Adt-17 Kg	GFG34V	YCMK

 

              The departure date for the journey was at 12:35 pm.  and the scheduled arrival time at Delhi was at 1:40 PM. On the date of scheduled journey the complainant tried to have e-checking  prior to reporting time on 28.11.2020 but each time it showed a message  booking not found. The complainant herself alongwith her children reached  the airport counter  of Air India just on time i.e. prior to 1 hour to boarding time i.e. around 11:35-11:40 a.m.  and she was advised by the lady official at the counter to get her luggage checked and also asked the complainant about e-checking. After luggage checking, the complainant was made to wait for further formalities and after five minutes the complainant was informed by the official present there that the boarding time has been lapsed as the  complainant was late.  It is alleged that the complainant made several requests to the staff members and manager as she was travelling with her kids and being government official had some paper work to do but with no result. Due to the aforesaid behavior of the officials of the OPs, the complainant was compelled to cancel the booking from Delhi to Goa which was booked for the same day and the same was cancelled with zero refund. Due to the aforesaid act of the OPs the complainant was compelled to purchase fresh ticket from Chandigarh to Goa by direct flight for which she had spent huge amount.  The complainant sent an email dated 4.12.2020 to Air India Customer Care  and requested for necessary action against the erring officials and to preserve the CCTV footage of the airport. The complainant had also sought information under RTI Act and came to know that the last person was allowed to board the flight AI 9806 at 1215 hrs.  and check in counter was closed at 1135 hrs. which shows the negligence on the part of the OPs. The copy of RTI information Exhibit C-7. The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.

2. OPs No.1&2 resisted the consumer complaint and filed their written version, inter alia, taking preliminary objections of maintainability & concealment of facts. On merits, it is alleged that in fact the airlines are strictly ordered to follow the protocols no matter how much time to be taken. Due to the aforesaid reasons the passengers are advised to come before time which is even mentioned in the ticket.  It is not the fault of staff that the passenger came late and could not do web check- in.  The flight had certain departure time and an arrival time which it had to follow strictly. Even in the ticket, it has been mentioned that the passenger is required to report almost  2 hours before departure and also that the check-in counter closes  before 60 minutes of scheduled departure time. The last person who was allowed to board at 1215 hrs because he had already done his web check-in. Thus, no cause of action has arisen against the OPs. The cause of action set up by the complainant is denied..  The consumer complaint is sought to be contested.
3. OP No.3  was properly served and when OP No.3 did not turn up before this Commission, despite proper service, it was proceeded against ex-parte on 11.5.2022.
4. Despite grant of numerous opportunities, no rejoinder was filed by the complainant to rebut the stand of the OPs hence, further opportunity to file rejoinder was closed vide order dated 4.1.2023.

2. In order to prove their case, contesting parties have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the contesting parties and also gone through the file carefully, including the written arguments of contesting OPs.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that  the complainant booked three flight tickets  from Chandigarh to Delhi for 28.11.2020 with the departure time of the flight 12:35 PM as is also evident from Annexure C-1 and the complainant  had reached at airport around 11:35 -11:40 a.m.  as a result of which she could not get the boarding pass,  the case is reduced to a narrow compass as it is to be determined if the OPs are unjustified in not allowing the complainant to travel from Chandigarh to Delhi on the  scheduled date and the complainant is  entitled for relief as is the case of the complainant or if the OPs are justified in not allowing the complainant to board the flight on account of late arrival at airport counter of OPs and the complaint is liable to dismissed as is the defence of the OPs.
   2. In the back drop of the foregoing admitted and disputed facts on record, it is clear that the entire case of the parties is revolving around the flight ticket  Exhibit C-1 purchased by the complainant for 28.11.2020 for travelling from Chandigarh to Delhi.
   3. Perusal of the Exhibit C-1 clearly indicates that the important information has been highlighted on the ticket qua the domestic travel and international travel and the relevant portion of the said information relating to the present case is reproduced as under:-

“important information

Domestic Travel- Check-in starts 2 hours before scheduled departure, and closes 60 minutes prior to the departure time. It  is recommended to report at the check-in counter at least 2 hours prior to departure time.”

 

4. Thus, one thing  is clear that for the scheduled flight check in started 2 hours before scheduled departure and closes 60 minutes prior to departure time and the passengers were recommended to report at check in counter at least 2 hours before departure time.
5. In the instant case as the departure time was 12:35PM, so the complainant and other passengers were required to report at the check-in counter  before 11:35 AM. Since it is an admitted case of the complainant as has also been alleged in para 5 of the complaint that she reached the airport at 11:35-11:40 AM i.e. just after closer of the check in counter, it is clear that the fault cannot be put on the OPs for not allowing to board the flight  to the complainant and other  passengers after closer of the check in counter. The complainant has further come with the plea that due to the official work she could not reach the airport well in time and also that the complainant web check in failed on the day of journey is of no help to the complainant as had the complainant reached as per the important instruction given in the ticket i.e. two hours before the departure time or one hour before the closer of the check in counter, she ought to have got  the  boarding pass to perform the journey  in pursuance to the ticket and since it has come on record that the complainant herself was late and had reached at the check-in counter after the closer of the same, there is no deficiency in service on the part of the OPs and the OPs have done whatsoever and whatever was permissible  as per  protocol.

4. In the light of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.
5. Pending miscellaneous application(s), if any, also stands disposed off.
6. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 4/09/2023 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member