DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No.202 of 10.6.2021

                                      Decided on: 9.4.2024

Kapil Singla age about 36 years son of Sh.Satpal Singla, resident of House No.88, Hem Bagh, Kheri Gujjran Road, Patiala.

                                                                    …………...Complainant

                                      Versus

Go Air Flight, Shaheed Bhagat Singh International Airport, Civil Terminal, Regional Office, Mohali through its Prop./Manager/Authorized.

                                                                   …………Opposite Party

Complaint under the Consumer Protection Act

QUORUM

                                      Ms.Gagandeep Gosal, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                                      Sh.Inderpal Singh, counsel for complainant.

                                      Opposite party ex-parte.                                     

 ORDER

                                      G. S. NAGI,MEMBER

1. The instant complaint is filed by Kapil Singla (hereinafter referred to as the complainant) against Go Air Flight (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. It is averred in the complaint that the complainant booked flight from Chandigarh to Mumbai on 21.9.2018 through Clear Trip to Go Air Flight which was to take off from Chandigarh at 11:41 A.M. vide ID No.18092187066.That the complainant also got a confirmation of flight.
3. That on 22.9.2018 complainant reached at Chandigarh Airport at 10:00AM.When the complainant reached airport, the management of the OP refused to provide seat in Aero-plane on the ground of non appearance of the face of complainant on the Aadhar card shown to the OP. That management of the OP demanded another ID proof of the complainant but the complainant was not having any other proof of ID at that time. That the complainant failed to go Mumbai and he lost his important personal meeting due to the negligence on the part of OP. Thereafter complainant made number of requests to the booking company and OP for the refund of full amount of booking but of no avail. Finally complainant got issued legal notice dated 3.12.2019 upon the OP which was duly served upon the OP but went without any fruitful purpose and  complainant suffered mental agony and harassment as he could not travel in the airline of the OP nor the amount was refunded. Hence this complaint with the prayer to accept the same by giving direction to the OP to make the payment of amount so deposited by him; to pay Rs.one lac as compensation on account of mental agony, tension and harassment caused to him and also to pay Rs.25000/- as costs of litigation.
4.   Notice of the complaint was duly issued to the OP through registered post which was neither received back un-served nor OP appeared to contest the complaint and was accordingly proceeded against ex-parte.
5. In ex-parte evidence ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents, Exs.C1 to C5 and closed the evidence.
6. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
7. The complainant has alleged that he had booked a flight ticket from Chandigarh to Mumbai on 21.9.2018 through the website Clear Trip for his onward journey on 22.9.2018 through Go Air flight No.G8-382 vide ID No.18092187066, as per Ex.C2. The flight was booked for a consideration of Rs.8823/- from the saving bank account of the complainant as per saving bank account statement, Ex.C1. The flight was scheduled to take off at 11:30AM on 22.9.2018 and his booking was confirmed.
8. The complainant has alleged in para No.4 of the complaint that when he reached Chandigarh Airport  at 10:00AM on 22.9.2018 he was not allowed to board the said flight as the complainant failed to produce his Aadhar card. The photo copy of the Aadhar card so produced by the complainant was not accepted by the OP on the ground that his face was not properly visible in the said photo copy of the Aadhar card. The complainant was then asked to produce any other ID proof for boarding the flight but as the complainant was not carrying any ID proof at that time as such he was not allowed to board the flight. The complainant has further alleged that he had travelled from Patiala to Chandigarh for boarding the flight. A legal notice on 3.12.2020 was also served upon the OP but his grievance was not resolved. He was harassed physically and mentally and has prayed for the refund of the booking along with compensation.
9. A bare perusal of the facts stated above by the complainant indicates that a confirmed booking was made by the complainant for travel from Chandigarh to Mumbai on 22.9.2018. Further as stated by the complainant himself, he was not carrying any ID proof with him for boarding the flight.
10.  The complainant has not produced any terms and conditions to travel on the said flight. The complainant appears to be a frequent flier as the complainant had himself made the online booking using his debit card/internet banking against the saving bank account. The complainant was well aware that production of ID in original or digital form is mandatory as per travel guidelines not only for getting a boarding pass but also for entry to airport as a measure of security check alongwith a copy of the e-ticket. It is clearly mentioned in the terms and conditions to carry proper ID proof in original/digital form. Even the ID proofs which are available in the digital form in smart mobile phone of the travelers are acceptable as original ID but the complainant failed to produce his Aadhar card, pan card, driving licence etc. etc. either in original or in the digital form.
11.  The complainant has stated that he reached Chandigarh airport well in advance through a car. He was not stated whether he was dropped by someone at Chandigarh airport or he drove in his own car and failed to produce any parking receipt/ toll receipt in respect of travel having been made to Chandigarh.Thus we are of the opinion that the complainant himself failed to reach airport from Patiala to Chandigarh well within scheduled time of departure of the flight and the excuse of ID has been taken by the complainant to cover up his own failure to meet the scheduled departure time. Moreover, production of ID in original/digital form is mandatory for entry to airport/travel by air as per the guidelines which the complainant failed to do. As such complainant cannot take the benefit of his own wrong. We do not find any merit in the complaint and the same is hereby dismissed with no order as to costs.  
12. The instant complaint could not be disposed of within stipulated period for want of Quorum from long time.
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                                              G.S.Nagi                       Gagandeep Gosal

                                              Member                          President