Date of Filing: 17.06.2017
Date of Order: 30.09.2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B. PRESIDENT.
HON’BLE Smt. D.NIRMALA, B.Com., LLB., MEMBER
ON THIS THE MONDAY THE 30th DAY OF SEPTEMBER, 2019
C.C.No.241 / 2017
Between
- Mrs. Esrath Yasmeen Khan,
W/o. Mr.Javeed Hussain Khan,
H # 17-9-128/2, Saidabad, Hyderabad
- Mr.Mohammed Raquib Hussain Khan
S/o.Mr.Javeed Hussain Khan,
H # 17-9-128/2, Saidabad, Hyderabad
- Ms.Maliha Fatima,
D/o. Mr.Javeed Hussain Khan,
H # 17-9-128/2, Saidabad, Hyderabad
- Mr.Javeed Hussian Khan,
S/o. Late Mr.Abid Hussain Khan,
H # 17-9-128/2, Saidabad, Hyderabad
- Mr.Mir Arshad Ali,
S/o. Late Mir Mahboob Ali, H # 6-3-602/B,
Hilltop colony, Erramanzil, Hyderabad.
- Mrs. Shabana Parveen,
W/o. Mr.Mir Arshad Ali, H # 6-3-602/B,
Hilltop colony, Erramanzil, Hyderabad.
- Mr.Mir Rahaan Ali,
S/o. Mr.Mir Arshad Ali, H # 6-3-602/B,
Hilltop colony, Erramanzil, Hyderabad.
- Ms. Samreen Fatima,
D/o. Mr.Mir Arshad Ali, H # 6-3-602/B,
Hilltop colony, Erramanzil, Hyderabad.
- Mr.Mir Faizan Ali,
S/o. Mr.Mir Arshad Ali, H # 6-3-602/B,
Hilltop colony, Erramanzil, Hyderabad.
- Mr.Mir Farhaan Ali,
S/o. Mr.Mir Arshad Ali, H # 6-3-602/B,
Hilltop colony, Erramanzil, Hyderabad. ……Complainants
Rep.by G P A Holder Mr.Mohd. Irfan, S/o. Late Mohd.Saheb, Age 39 years, H.NO.16-3-622, Chanchalguda, Hyderabad 9248776754.
A n d
The Managing Director / CEO,
M/s. IndiGo Airlines,
Level 1, 2nd Floor, Global Business Park,
Tower C, Mehrauli Gurgaon Road,
DLF City Phase 3 Gurgaon – 122010.
Haryana India. ….Opposite Party
Counsel for the complainant : Mr.F.Rafeeq Ahmed
Counsel for the Opposite Party No.1 : Mr D.Narendar Naik.
O R D E R
(By Sri. Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)
1) This Complaint has been preferred under Section 12 of Consumer Protection Act, 1986 alleging that departure of the flight for which the complainant booked tickets to travel before schedule time amounts to deficiency of service. Hence for a direction to the opposite party to refund the cost of the tickets with interest at 24% p.a. and award compensation of Rs.4,00,000/- for the physical and mental stress suffered by the complainants and their family members and further a sum ofRs.10,000/- towards cost of this complaint.
2) The complaint averments in brief are that :
On 24.10.2017 they have got booked air tickets to travel from Hyderabad to Kochi on 14.5.2017 through travel agency. As per the schedule the departure time of the said flight was 5.25AM from Rajiv Gandhi International Airport. On the said date complainants reached airport and obtained boarding passes at 3.40 AM and they have reached the gate No.101 at 4.40PM. But the gate had been closed. The complainants pleaded with the staff of opposite party to do something as by then 50 minutes of time left for departure of the flight. But the said staff kept complainants shifting from one counter to another and one person to another and the reality might be flight already departed prior to schedule time. The complainants have suffered a lot and loss of time for depriving them to travel in the flight and they lost professional practice as such entitled for compensation . Hence the present complaint for the above stated releifs.
3) The stand of the opposite parties in the written version is that the complaint is devoid of merits and not maintainable in the present form and it has not been instituted against the proper person Inter Globe Aviation company which undertakes scheduled commercial and domestic flights whereas the present complaint has been filed against Managing Director of M/s. Indigo airlines which is a defective. As such complaint has not been filed against a proper person. As per the terms and conditions which covers air carriage with inter Globe Aviation limited the courts at New Delhi have exclusive jurisdiction to decide the disputes in relation to the said terms and conditions and thus this Forum lacks of jurisdiction to entertain it.
As per the records of Inter Globe Aviation Limited 10 tickets were booked in the name of the complainants to travel from Hyderabad to Kochi on 13.5.2017 and from Kochi to Hyderabad on 17.5.2017 and said tickets were booked under PNR No.NDJ29D. The schedule departure time of Indigo flight No.6E 261 from Hyderabad to Kochi was Rs.5.25AM Booking were covered by Indio conditions of carriage and domestic which are available at the Web site of Inter Globe Aviation Limited and were also made known to booking agent and complainants have agreed for the said terms and conditions at the time of booking of the tickets. The said terms and conditions were also referred to in the air ticket booked by the complainants and also available at the air port on request.
The article 8.2. of Indigo conditions of carriage - domestic says in order to maintain schedules the boarding gate will be closed 25 minutes prior to the departure time . The customers must be present at the boarding gate not letter than the time specified by Indigo when the check-in or any subsequent announcements made at the airport. Any customer failing to report at the boarding within the aforesaid time lines shall be treated as a “Gate No Show” and the ticket amount for such booking shall be forfeited by the company. The customers are, however, entitled to a refund of the Government and Airport Fees and /or Taxes.
Complainants were obligated to report to the boarding gate for their flight not later then 25 minutes prior to the scheduled time of departure. In fact these instructions are clearly mentioned on the boarding pass issued to the complainants. Complainants being aware of the boarding time lines and the consequences for failing to report to the same time arrived at the boarding gate of Indigo flight No.6E-261 at 5.25AM i.e. just three minutes prior to schedule departure time , by which time the boarding gate had been closed and the complainants had declared ‘gate no show’. Since the complainants had arrived at boarding gate three minutes prior to the departure of their flight the staff of Inter Globe aviation limited rightly could not accommodate the complainants request on their flight and consequently booking amounts of the complainants tickets stood forfeited.
Completing the check-in formalities within the stipulated time is the sole responsibility of complainants. The company cannot always accommodate the passengers who arrived after the closure of boarding gate for security and operational reasons. The company is not liable if any loss or expenses incurred due to complainants failure to adhere to stipulated timelines.
That the complainants violated the Indigo conditions of carriage – domestic and inspite of it as a service gesture offered to accommodate them on the next flight to their destination subject to payment of compulsory re-accommodation charges and change fees. The said offer was accepted by the complainants by paying INR 2,250/- and INR 950/- towards re-accommodation charges and change fees. Accordingly they were accommodated on to Indigo Flight No.3316 from Hyderabad to Kochi on the same day at 3.05PM. They have travelled in the accommodated flight accordingly.
Complainants having failed to report at the boarding gate for their flight is in time cannot attributable any laps on the part of the company. The complainants got issued a legal notice on 20.5.2017 with unsubstantiated claims and said notice was replied with true facts on 6.6.2017. The staff of the Inter Global Aviation Limited acted strictly in accordance with the conditions of cargo while providing services to the complainants. Hence the complainants cannot seek refund of the cost of the tickets booked and compensation as claimed. There is no breach of contract or deficiency of service on the part of the company. Hence the complaint is liable to be dismissed.
4) In the enquiry for the complainants evidence affidavit of their GPA is got filed and through him have got exhibited copies of boarding passes and copy of legal notice got issued as A1 & A2 documents. For the opposite parties evidence affidavit of one Rahul Kumar stated to be authorized signatory of Inter Global Aviation Limited is got filed and through him letter of incorporation certificate of the company, conditions of cargo, accommodation of the complainants in the next flight and copy of reply notice are got exhibited as B1 to B1 to B5 . Both sides have filed written arguments.
5) On a consideration of the material brought on the record the following points have emerged for consideration :-
1. Whether the complainan’st could be able to make out the case of deficiency of service on the part of opposite parties?
2. Whether the complainant’s are entitled for the amounts claimed in the complaint.
3. To what relief?
6) Point No.1: Only admitted fact in the present case is that complainants have booked air tickets through a travel agency to travel on 24.4.2017 from Hyderabad to Kochi on13.5.2017 by Indigo air lines flight No.6E 261 and its scheduled departure time was 5.20 AM from Rajiv Gandhi International Air port. The claim of the complainants is on the date of travel they reached airport and collected the Boarding passes at 3.40AM and thereafter reached the gate No.101 to depart but the gate was closed and they requested with the staff of Indio to do something since 50 minutes time was still available before departure of the flight. But they were made to move from one person to another and the reason would be flight might have left before the schedule time. Whereas the stand of the opposite parties is as per the records the complainants have booked confirmation tickets for travel from Hyderabad to Kochi and schedule departure time was 5.20AM and the complainants were supposed to be at the boarding gate at least 25 minutes prior to schedule time of departure of the flight . But they arrived at 5.22Am i.e. just 3 minutes before schedule time for departure of the flight. It is further claimed by opposite party that as a service gesture offered time accommodation to complainants offered to travel in the next flight on payment of some statutory charges and said offer was accepted and complainants paid and travelled by the next flight on the same day at 3.05 PM which fact has not been denied by the complainants in the evidence affidavit. Despite the assertion of the opposite party that the complainant have arrived at the depart gate just 3 minutes prior to the schedule time of departure the complainants have not produced any proof with regard to time at which they reported at the departure gate. Mear assertion that they reached the depart gate at 4.40AM and still 50minutes was left for schedule time of departure of the flight is not enough and they has to produce sufficient proof for it, when the opposite party denied the same. It is pertinent to bear in mind that none of the complainants have filed their personal evidences stating that all of them reached the depart gate at 4.40 AM. As already said the affidavit filed for the complainants side in this complaint is that of their GPA and admittedly their G.P.A was not with the complainants on the date of travel at the airport. The affidavit of the GPA cannot be equated with that of personal evidence any of the complainants. The documents placed on record for the complainants are copies of the boarding passes copy of legal notice which are not in dispute. What is required to the complainants as to file acceptable evidence to substantiate that they reported the depart gate at 4.40AM on the travel date. If really complainants have reported at the depart gate at 4.40AM on the travel date, there was no reason for the staff of opposite party company not to permit the complainants to board the flight . The stand of the complainants is the flight might have left before the schedule time of the departure. If really the flight was departured before schedule time some other passengers who have confirmed tickets would have suffered . The complainants have not secured any record from the Airport Authority to show that the scheduled flight for which they have confirmed tickets departured before schedule time of departure. What prevented them in securing the record from the air port authorities at Rajiv Gandhi International Air port in this regard is not explained. In the absence of an independent oral documentary evidence the self serving statement of complainant’s GPA cannot be taken as sacrosanct to believe their version. Hence the point is answered against the complainants.
7) Point No.2:- In view of the above findings complainants are not entitled for the amounts claimed in the complaint. Accordingly the point is answered against the complainant.
8) PointNo.3:- In the result the complaint is dismissed. No order as to costs.
Dictated to steno transcribed and typed by her and pronounced by us on this the 30th day of September, 2019.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 - Copies of Boarding passes.
Ex.A2 – Copy of legal notice got issued as A1 & A2 documents.
Exhibits filed on behalf of the Opposite parties:
Ex.B1 – Letter of Authorization
Ex.B2 - Fresh certificate of incorporation
Ex.B3 – Copy of IndiGo Conditions of carriage
Ex.B4 - Copy of reserved flights
Ex.B5 - Copy of Legal notice dt. 20.5.2017
Ex.B6 - Copy of reply legal notice
MEMBER PRESIDENT
