BEFORE THE CONSUMER DISPUTESN REDRESSAL COMMISSION, ERNAKULAM

                              Dated this the 3rd day of December 2020

     Filed on: 30.11.20116

PRESENT

Shri  V.S.Manulal                                                                             President-in-charge

Shri V Ramachandran                                                                     Member

Smt. Sreevidhia T.N                                                                        Member

CC.No.665/2016

Between

V.Ramachandran, Member

A brief history of the case is as follows:-

      The complainants are husband and wife.  The complainants’ daughter is married and is residing with her husband and in-laws at New Delhi.  For the purpose of attending the funeral of their daughter’s mother-in-law which was fixed to 16.5.2015 at 8.00 am at New Delhi, the complainants’ booked online Air ticket in AIR INDIA for an urgent journey in flight No.A1-047 Kochi-Delhi flight scheduled for 20.00 hrs on 15.5.2015 with opposite party.

      The Air India Flight No.A-1-047 Kochi – Delhi in which the complainants booked ticket was scheduled to leave Kochi at 20.00 hours on 15.5.2015 from Nedumbassery Airport.  The complainants reported at Nedumbassery Airport by 7.10 p.m. on 15.5.2015 and found the check-in counter closed by that time.  On enquiry with the Air India Staffs it was informed that the said flight was preponed and has been cleared for departure at 19.30 hrs. The complainants were denied ‘check-in’ and could not board the said flight and travel to Delhi as scheduled.

      Thereafter the complainants obtained various information about to the said flight’s rules relating to its departure check-in etc under R.T.I Act. As per the said replies received a passenger can check-in up to 45 minutes before the scheduled time of departure of a flight and the passenger is denied check-in facility since he reports at the check-in counter 45 minutes before the scheduled time of departure of flight.   The complainants are passengers with confirmed tickets in the above flight.

      The complainant further said that he received reply under R.T.I Act that if a flight is re-scheduled/preponed the passengers are informed of the same by dedicated call centers by means of SMS, e-mail, or phone call and Flight No.A-1-047 scheduled from Kochi to Delhi on 15.05.2015 was not re-scheduled/preponed to 19.40 hrs from 20.00 hrs.  It was also understand that the said flight was not having passengers to its optimum capacity.  The complainants reported Airport check-in counter at 19.10 hrs and no passenger who reported on time is denied check in facility.

      The scheduled departure of  flight No.A-1-047 Kochi-Delhi is at 20 hrs, since clearance was given at 19.15 hours the Aircraft departed at 19.40 hrs and there is no re-scheduling/preponement of the above flight  and hence  no phone calls/SMS, e-mails etc, has  been provided in respect of the said flight to the passengers.

      Since the complainants were denied opportunity to travel in the scheduled flight , the complainants were forced to book another Air ticket  to Delhi on 16.05.2015, though they reached Delhi on 16.5.2015 the funeral services were over by that time, causing  much sorrow and grief to the complainants.  The complainants booked tickets with the opposite parties for their travel believing in their promised time schedule, timely service, quality of services etc., and the opposite parties failed to provide the requisite services thereby caused substantial loss, mental agony, stress and strain etc., to the complainants.  The negligence and deficiency of service from the part of the opposite party by not providing requisite services to the complainants are therefore caused to file this consumer complaint.  Being confirmed passengers on the flight complainants are entitled for services as per rules and denial of the same amounts to deficiency of service. Therefore the complainants have to refund the paid amount with cost @ Rs.16000/- each and to and fro taxi charges paid by the complainants for their trip  to Airport and back is Rs.1500/- each total loss incurred is Rs.17500/- . The complainants are also claiming an amount of Rs.50000/- each for mental agony, stress, strain etc suffered by the complainants in the incident.

      Notices were served to the opposite party. The opposite party filed their version.  In the version the opposite party stated that the above case is not maintainable either in law or on facts. 

      The opposite party submitted that the complainants were scheduled to travel in the flight of the 1^st opposite party, A1-047 from Kochi to Delhi on 15.5.2015. As per the terms and conditions mentioned in the ticket purchased by the complainants, the check-in counter would be closed 60 minutes prior to departure.  The complainants are required to report for check-in at least 2 hours before scheduled departure for Domestic flights.  The complainants are required to adhere to the advice given in the ticket itinerary. The complainants reported the check-in counter only after prescribed time and therefore, they were not issued boarding passes.  The flight was cleared at 19.15 hrs and therefore, passengers commenced boarding at 19.15 hrs.  After completion of all the necessary formalities/clearances, the flight departed ahead of schedule from Cochi at 19.40 hrs.  The averment of the complainant about the time of the check-in counter is not fully correct.  The complainant reported at the check-in counter at 19.10 hrs as stated and as per the rules the check in counter closed 60 minutes prior to the departure.  In the instant case the flight A1-047 is an International flight departing from Terminal No I of the Cochin Inter National Airport.  A1-047 is an international flight carrying both international and domestic passengers, having customs escort and the passengers with onward connection on Air India are cleared customs/immigration at Cochin International Airport and the boarding cards for onward connections are issued at Cochin.  The fact that when the complainants reported at the check-in counter at 19.10 hrs, it was closed was not due to any deficiency of service from the part of the Opposite parties. The failure of the complainants to report within the prescribed time is the sole reason as to why the complainants were not able to travel in the flight of the 1^st opposite party. The averment that on enquiry the Air India staff informed the complainants that the said flight was preponed and had been cleared for departure for 19.30 hrs is not correct and hence denied. It was not preponed and the averment is baseless.   The averment that the complainants were denied check-in and could not board the said flight and travel to Delhi as scheduled is without any basis   and hence denied by the opposite party.  It is reiterated that only due to the fact that the complainants did not report for check-in within the prescribed time was the reason for denial of travel of the complainant which is not cause any deficiency of service from the part of the opposite party.  It was also stated that the flight was not re-scheduled by the opposite party and if a flight is re-scheduled, by the opposite party duty bound to inform the ticket holders in the present case, since clearance was given at 19.15 hours, boarding was commenced at that time as soon as the boarding of passengers was completed and all clearances were given, the commander of the flight got ATC clearance and the flight departed at 19.40 hrs. The said flight was not re-scheduled.   Even going by the complaints, the complainants has only reported to the check-in counter at 9.10 hrs, therefore, the complainants cannot be heard to say that he has reported within the prescribed time and he was denied check-in.  The averment of the complainants that they were forced to book tickets in another flight to Delhi on 16.5.2015 from Kochi to Delhi is not correct. The complainants exchanged the earlier ticket having number 0989261253881 with another ticket of the opposite party by paying the applicable ‘No show penalty’  and the fare difference totaling to Rs.8750/- for his travel on the opposite party’s flight on 16.5.2015.  Further the averment that the funeral services were over by the time the complainants reached causing much grief and sorrow to the complainants is without any basis and therefore no deficiency of service occurred from the side of the opposite party and the opposite party is not liable to pay any compensation to the complainant.  

 The complainant filed Exhibit A1 to A8 as proof of evidence and opposite party filed Exhibit B1 to B2  as evidence and evidence was closed subsequently the opposite party filed to reopen the evidence and filed  Exhibit B3 .

       We have examined the matter in detail with documents, evidence etc and also on the basis of the circumstances of the case. The following points are to be analyses in this case.

1. Whether the complainant has subject to any deficiency of service or unfair trade practice on the side of the opposite party?
2. If so, whether the complainant is entitled to any compensation for the same?
3. Costs and relief if any?

The evidence produced by the complainant shows:-

Exhibit A1 is a copy of a ration card issued by Hariana Government.

Exhibit A2 copy of a passport, Exhibit A3 is   a copy of marriage certificate, Exhibit A4 is also a copy of marriage certificate and Exhibit A5 is also a copy of marriage register book, Exhibit A6 is Medical Certificate issued by a doctor of Appolo hospital, Exhibit A7 is a copy of a death certificate issued by sub registrar Faridabad.  “Exhibit A8 is letter sent by Air India authorities to the complainant as per R.T.I Act -2005.  Exhibit B1 produced by the opposite party is an itinerary receipt where in it is shown that the date and time of the flight arrival time and departure time etc. of flight No.A1-47 on 15.5.2015 it makes clear in the second para of the itinerary receipt that the check-in counter closure time is Domestic 45 minutes before departure (60 Minutes for domestic leg of an International flight). Exhibit B2 is an itinerary receipt to show that the complainant was given alternate ticket and by paying differential charge of  Rs. 8750/- and  Exhibit B3 is  General conditions of carriage for passengers and baggage.

      We have considered the matter in detail with respect to Exhibit A1 to A8 and other documents. The complainant has not filed proof affidavit to prove the genuineness of his argument regarding the allegations raised by him.                         

      Accordingly to the complainants, as per the allegation the complainant reported at Nedumbassery Air Port by 7.10 P.M on 15.5.2015 and found that the check in counter was closed at that time.  On enquiry it was learnt that the flight was cleared for departure at 19.30 Hours. On perusal of the documents produced by the complainants it can be seen on Ext. B1, which is a copy of the E-ticket produced by the complainant, it is very clearly written that “check in starts 2 hours before the scheduled departure, and closes 60 minutes prior to the departure time.  We recommend you to report at the check in counter at least 2 hours prior to the departure time”. This is given as an important information on the ticket itself.  The complainants ought to have noticed it.  Admittedly the complainants reported only at 19.10 hours for the flight scheduled at 20 hours.  This admission of the complainants is strengthening the argument of the opposite party, as stated in their version which is taking away the very root of the complaint.  The opposite parties produced Ext.B1 to B3 to show that there was no deficiency in service on the part of the opposite party as alleged by the complainant.  There is no evidence or proof produced by the complainant to establish that the said flight was rescheduled as alleged by the complainants.  Instead, even though it was written as important information on the ticket itself regarding the reporting time, which is as such quoted  above, and so, and also at the stage when the complainant  clearly admits that the complainant had reached the check in counter only at19.10.hrs which is against the instructions given to the complainant by the opposite party, the failure to travel in the flight is due to the inertia and laxity from the part of the complainant to reach and report at the check in counter of the opposite party  as per the instruction given by the opposite party to the complainants.

      After elaborate consideration and detailed scrutiny of the documents produced by both parties, we found no deficiency in service on the part of the opposite party since the complainant had failed to report at the check in point of the opposite party at right time as per the instruction given by the opposite party which is mentioned in the ticket, which the complainant was duty bound to adhere.

           In the above circumstances, we found that the complainant had failed to prove his case and hence the complaint is dismissed. No costs.

Pronounced in the open commission on this the 3^rd day of December 2020

                                                                                                                  Sd/-

                                                                                          V.Ramachandran, Member

                                                                                                                  Sd/-

V.S.Manulal, President-in-charge

Sd/-

Sreevidhia T.N. Member

Forwarded by Order

Senior Superintendent

APPENDIX

Complainant’s Exhibits:-

1. Exhibit A1-  copy of a ration card issued by Hariana Government.
2. Exhibit A2 -copy of a passport,
3. Exhibit A3 - copy of marriage certificate,
4. Exhibit A4-  copy of marriage certificate  
5. Exhibit A5- copy of marriage register book,
6. Exhibit A6 - Medical Certificate issued by a doctor of Appolo hospital,
7. Exhibit A7-  copy of a death certificate issued by sub registrar Faridabad.  
8. “Exhibit A8-   letter  sent by Air India authorities to the complainant as per R.T.I Act -2005. 

Opposite party’s Exhibits:-

1. Exhibit B1-An itinerary receipt where in it is shown that the date and time of the flight arrival time and departure time etc. of flight No.A1-47 on 15.5.2015, it makes clear in the second para of the itinerary receipt that the check-in counter closure time is 45 minutes before departure (60 Minutes) for domestic leg of an International flight.

2.  Exhibit B2- An itinerary receipt to show that the complainant was given alternate ticket and by paying differential charge of  Rs. 8750/- and  Exhibit B3 is  General conditions of carriage for passengers and baggage.

Depositions:      Nil

Despatch date:

By post:       By hand.