BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.52 of 2018

Date of Instt. 06.02.2018

Date of Decision: 20.11.2018

Surat Chander aged 60 years son of Lt. Sh. Chuni Lal resident of 144, Housing Board Colony, Urban Estate-1, Jalandhar.

..........Complainant

Versus

1. INDIGO AIRLINES, office at Jail Road, Jalandhar, through its Area Manager.

2. INDIGO AIRLINES, C/o Level 1 Tower C, Global Business Park, Mehrauli-Gurgaon Road, Gurugram. (Haryana)-122002 through its authorized person.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Smt. Harvimal Dogra (Member)

Present: Sh. Anuj Mehta, Adv Counsel for the Complainant.

OP No.1 and 2 exparte.

Order

Harvimal Dogra (Member)

1. The instant complaint is filed by the complainant Surat Chander under Section 12 of the Consumer Protection Act against the OPs on the allegation of deficiency in service and unfair trade practice with the prayer that the compensation of Rs.1,00,000/- along with the claim amount be given to the complainant.

2. The brief facts of the complaint are that the complainant got booked/purchased two Indigo airlines return ticket from New Delhi to Ranchi and from Ranchi to New Delhi i.e. for 20.12.2017 departure date and for 22.12.2017 return date through online, in his name i.e. Surat Chander and in the name of his wife i.e. Mrs. Seema Mahajan on 09.12.2017 and paid an amount of Rs.5878/- each. That the date of journey was 20.12.2017 on flight number was 6E 864 PNRZDRYTR and on that date, the complainant along with his wife reached New Delhi Airport in time and also got their Email Boarding Pass confirmed from the counter of the OP at Airport to take the flight and also deposited their luggage. That the official of the OP stopped the wife of the complainant for checking and during the said procedure, they deliberately got her late. The complainant was waiting for his wife and when she returned, then they immediately rushed to their flight area and they were surprised to see that the flight has already been taken off. The act and conduct of the officials of the OPs was very unjustified and they had intentionally left them at airport for giving chance to some other passenger to board the plane as per the knowledge of the complainant. It is to be made clear that when the boarding pass has been issued to any passenger, then it is the duty of the flight attendants and others to carry that passenger as per the norms, but in the case of the complainant, no such procedure was followed by them. That due to the said reason, the complainant and his wife had to wait for the next flight for 21.12.2017 and again they paid an amount of Rs.6400/- for new tickets and they have also to hire a room in a Hotel for their night stay. The complainant and his wife took the flight on the next day, in this way, the OPs were negligent and indulged in the unfair trade practice. Hence, this complaint.

3. After the formal admission of the complaint, notice of the said complaint was given to the OPs, but despite service, the OPs did not come present and they were proceeded against exparte.

4. In order to prove his exparte claim, the complainant himself tendered into evidence his own affidavit Ex.CA along with some documents Ex.C-1 to Ex.C-8 and closed the evidence.

5. We have heard the learned counsel for the complainant and also gone through the case file, documents and evidence very minutely.

6. After hearing the learned counsel for the complainant, it reveals that the complainant and his wife purchased two Indigo Airlines return ticket from New Delhi to Ranchi and from Ranchi to New Delhi for 20.12.2017, for the consideration amount of Rs.5878/- each, copy of the air tickets are Ex.C-1 and Ex.C-2. On 20.12.2017, the complainant along with his wife reached at Delhi Airport in time, but the officials of the OPs stopped the wife of the complainant for checking and during the said procedure, both of them became late and their flight took off. The complainant and his wife have to wait for other flight and on the next day i.e. 21.12.2017, they had purchased new tickets for Rs.6400/-, which are Ex.C-5 and Ex.C-6. This act of the OPs caused harassment and financial loss to the complainant and his wife. Inspite of having air tickets and issuance of the boarding pass, which are Ex.C-3 and Ex.C-4, the complainant and his wife were not allowed to board the plane.

7. Moreover, no reasons were stated by the OPs for such acts and omissions as OPs did not consider it necessary to appear in the Forum and contest the complaint. Moreover, the evidence adduced by the complainant remained un-rebutted and un-challenged for the obvious reason as stated above. So, according to the given facts and circumstances of this case, this Forum finds force in the contention of the complainant and finds deficiency in service and negligence on the part of the OPs.

8. In view of the above findings, we are of the opinion that the present complaint of the complainant is partly accepted and OPs are jointly and severally directed to refund the total fair of both tickets i.e. Rs.11,756/- along with compensation of Rs.20,000/-. The entire amount be paid within one month from the date of receipt of the copy of order, failing which the OPs will be liable to pay the interest @ 12% per annum on the total amount i.e. Rs.36,756/-. This complaint could not be decided within stipulated time frame due to rush of work.

9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Harvimal Dogra Karnail Singh

20.11.2018 Member President