IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                                                     CASE No.  CC/132/2018.

 Date of Filing:                    Date of Admission:                Date of Disposal:

   31.07.18                                    07.08.18                                  20.03.23

Complainant: Alamgir Shah

S/O- Nurul Islam Shah, Vill- Bagbanga,

PO- Madhurkul, PS- Domkal, Pin- 742406

-Vs-

Opposite Party:  1. Manager, Indigo Airlines 

Netaji Subhas Chandra Bose International Airport,

Kolkata Airport, Kolkata- 700052

2. Regional Office, Central Wing, Grand Floor,

Thapar House, 124 Janpath, New Delhi-110001.

      3.The Manager, Indigo Airlines

Corporate Office, Level-1, 2nd Floor,

Global Business Park, Tower-C, Mehrauli Gurgaon Road,

DLF City Phase-3, Near Guru Dranacharya Metro Station,

Gurgaon-122010.

       4.Mamunal Rashid, Pay Platform

Vill. Ambarpur, P.O. Mahurkul,

P.S. Domkal, Dist. Murshidabad, Pin 742406.

Agent/Advocate for the Complainant                        : Bidishya Sarkar

Agent/Advocate for the Opposite Party No.1,2 & 3   : Allarakha Sk.

Agent/Advocate for the Opposite Party No. 4            : Debdutta Ojha

Present:     Sri Ajay Kumar Das…………………………............President.     

       Smt. Aloka Bandyopadhyay……………………..Member

       Sri. Nityananda Roy……………………………….Member.

FINAL ORDER

Sri.Ajay Kumar Das, Presiding Member.

This is a complaint under section 12 of the CP Act, 1986.

            One Alamgir Shah (here in after referred to as the Complainant) filed the case against Manager, Indigo Airlines & Ors. (here in after referred to as the OPs) praying for compensation alleging deficiency in service.

 The material facts giving rise to file the complaint are that:-

               The Complainant is the Indian citizen by birth and resides at the above mentioned address since birth. OP Nos. 1,2 and 3 is the Indigo Airlines registered and corporate office at the above mentioned address of the OP and OP No. 4 is the travel agency situated at the above mentioned address.

            The Complainant went to OP No. 4 on 19.09.17 to book flight ticket from Kolkata to Bangaluru for treatment of his sister as his sister was in serious medical crisis.

             The OP No. 4 booked 3 flight ticket in Indigo Airlines on 19.09.17 which charged a sum of Rs. 13,779/- and the Complainant paid the same amount to the OP No. 4. The Complainant don’t use any email ID so being a well wishers this OP No. 4 used his email ID to book the ticket. And the Complainant received a sms at his mobile number of the booking.

             The said OP No. 4 gave hard copy of the flight ticket vide booking reference No. is CHET2U, and status of confirmation flight No. 6E506 was mentioned.

              After that, within an hour the Complainant received a sms that his ticket has been cancelled. The Complainant was astonished to see this sms and eagerly rushed to OP No. 4 and informed the matter.

              The OP No. 4 again booked the ticket on said date i.e. 19.09.17 for these 3 persons at Indigo Airlines vide No. 6E506 for the second time.

              The Complainant again received a hard copy from this OP where the reference No. is NHRRYK and the status of confirmation Flight No. is 6E506.

               The Complainant second time paid a sum of Rs. 13,779/- to the OP No. 4 for the ticket of 3 persons. And the Complainant received the confirmation sms.

               But it was very unfortunate that the Complainant received the sms of cancellation. And again the Complainant informed this to OP No. 4 through phone as the Complainant was on the way to airport with his sister Anjura Bibi and brother Jhangir Shah.

              The OP No. 4 for the third time at the edge of the departure time booked the ticket at Indigo Flight No. 6E506 for these 3 persons and the Complainant received the confirmation sms again and the family member of the Complainant paid a sum of Rs. 14,079/- to the OP No. 4.

              The Complainant showed the sms to the authority and they allowed to travel at Indigo Flight No. 6E506 for these 3 persons.

            The OP Nos. 1,2 and 3 without any intimation or cancellation mail or call cancel the flight tickets. But he was in emergency condition to take her dying sister for the treatment. If he couldn’t fly on that date, his sister would die.

               The Complainant had to pay a sum of Rs. 3,000/- per head as cancellation charge which amounts to Rs. 18,000/-. Without any fault or mistake of this Complainant he had to pay a sum of Rs. 18,000/- as cancellation charge.

               The OP Nos. 1,2 and 3 is the reputed Airlines Company, which avail various National and International flight from all over India. But in this matter the OP Nos. 1, 2 and 3 showed their unprofessional side and unfair trade practice. But the Complainant had to pay a sum of Rs. 18,000/- as cancellation ticket charge despite not cancelling the tickets.

              The Complainant after returning from Bangalore came to OP No. 4 to clarify the matter but the OP No. 4 informed that it was the fault of Indigo Airlines Companies and all the cancellation was done by them which clearly define the unfair trade practice of Indigo Airlines and deficiency of service on the part of OPs. The Complainant getting no other alternatives filed this instant case before this Ld. Forum for the redress as hereunder.

            The Complainant prays for an order directing the OP Nos. 1,2&3 to refund the fake and fraud cancellation charge of Rs. 18,000/- to this Complainant along with 10% interest and to pay a sum of Rs. 20,000/- as litigation cost and to pay a sum of Rs. 4,00,000/- for harassment and mental agony to this Complainant.

            OP Nos. 1,2 &3 are contesting this case by filing written version intending inter alia that the case is not maintainable. They have stated in the written version that the present reply is being filed for and on behalf of InterGlobe Aviation Limited (OP Nos. 1,2&3 wrongly impleaded as ‘’Indigo Airlines’’) having its registered office at Central Wing, Ground Floor, Thapar House, 124, Janpath, New Delhi (InterGlobe Aviation Limited).

            The specific case of the OPs in short is that the present complaint, more specifically in the form of a Consumer Complaint, is not at all maintainable as the allegations/averments as made in the present consumer complaint under reply involves complicated and complex question of fact as well as of law, for the determination of which oral as well as detailed, documentary evidence is required. This is due to the fact that despite InterGlobe Aviation Limited having received clear instruction for cancellation of tickets twice, through its website which was carried out after due authentication. There is no deficiency of service on the part of the OPs. The OPs pray for dismissal of the case.

On the basis of the complaint and the written versions the following points are framed for proper  adjudication of the case :

Points for decision

1. Isthe Complainant a consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

All the points are taken up together for the sake of convenience and brevity of discussion. The point to be noted is that the case is being contested by OP Nos. 1,2 & 3. Order No. 8 dated 28.02.19 reveals that the case is being proceeded ex-parte against OP No. 4.

15.02.23 was fixed for hearing of argument as special chance. On that day Complainant was present but no step was taken by the OPs. The record further reveals that 01.11.22 and 12.12.22 were also fixed for hearing of argument but no step was taken by the OPs. Under the circumstances, this District Commission heard the argument advanced on behalf of the Complainant and fixed 20.03.23 for final order.

It is the case of the Complainant that his sister was in serious medical crisis and they decided to go to Bangaluru for the treatment of his sister. For that purpose on 19.09.17 the Complainant booked 3 flight tickets vide booking Id No. 051509042206. But it is a matter of regret that the said booking was cancelled within few hours without the consent of the complainant and charged Rs. 9,000/- for cancellation of such tickets.

The Complainant again booked 3 air tickets on the same day i.e. on 19.09.17 vide booking Id No. 271535351421 but it is also the matter of regret that the said booking was cancelled within few hours without the consent of the complainant and charged Rs. 9,000/- for cancellation of such tickets.

It is the further case of the Complainant that it was very unfortunate that the Complainant received the sms of cancellation when he was on the way to airport with his sister Anjura Bibi and brother Jahangir Shah.And as such the Complainant was compelled to book 3 air tickets with the OP No. 4 and paid Rs. 14,079/- to this OP No. 4 and Complainant was succeeded in reaching Bangaluru.

              It is the case of the OP Nos. 1,2 & 3 that the present complaint, more specifically in the form of a Consumer Complaint, is not at all maintainable as the allegations/averments as made in the present consumer complaint under reply involves complicated and complex question of fact as well as of law, for the determination of which oral as well as detailed, documentary evidence is required. This is due to the fact that despite InterGlobe Aviation Limited having received clear instruction for cancellation of tickets twice, through its website which was carried out after due authentication. There is no deficiency of service on the part of the OPs. The OPs pray for dismissal of the case.

              The facts and circumstances suggest that the above underline portion is the disputed fact. But the facts and circumstances of the case of the Complainant suggest that he never cancelled air tickets as he was compelled to go to Bangaluru for the treatment of his sister. The fact that the Complainant booked air tickets for the second time indicates that he never cancelled his air ticket. The fact that the Complainant booked air tickets for the third times also supports that the Complainant never cancelled air tickets for the second time.

             Under such circumstances, the facts stated by the OPs as mentioned above in not tenable.

            In view of the matter discussed above we are of the view that there is deficiency of service on the part of OP Nos. 1,2 & 3. And the instant case is required to be allowed.

    Reasons for delay

The Case was filed on 31.07.18 and admitted on 07.08.18. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case is allowed.

             Fees paid are correct. Hence, it is

                                                            Ordered

  that the complaint Case No. CC/132/2018 be and the same is allowed on contest  against the OP Nos.1,2 & 3 and ex-parte against OP No. 4 with litigation cost of Rs. 20,000/- which is payable by OP Nos. 1,2 & 3 to the Complainant.

     The OP Nos. 1,2 & 3 are directed to refund the cancellation charge of Rs. 18,000/- to the Complainant.

The OP Nos. 1,2 & 3 are further directed to pay Rs. 22,000/- for mental pain and agony to the Complainant.

The OP Nos. 1,2 & 3 are further directed to pay the total amount of Rs. 60,000/- (Sixty Thousand) to the Complainant within 60 days from the date of this order along with interest @ 6% PA with effect from the date of this order.

             Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

President

Member                                                 Member                                        President.