BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       : PRESIDENT

SMT. PREETHA G. NAIR                        : MEMBER

C.C. No. 101/2018 Filed on 26.03.2018

ORDER DATED: 14.10.2019

Complainants:

1. Irphan Ahamed, ‘Rayyan’, PVRA-18, T.B. Junction, Attingal, Thiruvananthapuram-695 101.

2. Fathima Naz Sharafudeen,   ..do..           ..do..           ..do..

3. Sareena Nizar Irphan Ahamed,               ..do..           ..do..

(By Adv. A. Abdul Kharim)

Opposite parties:

1. The Manager, Indigo Airlines, International Airport, Shanghumugam, Thiruvananthapuram-695 008.

2. Indigo Airlines, represented by its Manager, International Airport, Shanghumugam, Thiruvananthapuram-695 008.

This case having been heard on 30.07.2019, the Forum on 14.10.2019 delivered the following:

ORDER

SMT. PREETHA G. NAIR : MEMBER

Complainants booked air tickets through online on 24.03.2017, for complainants 1 and 3 and on 26.03.2017, for 2^nd complainant to travel from Trivandrum to Mumbai on 13.04.2017 and return on 19.04.2017.  Later on 30.03.2017 3^rd complainant’s exam was postponed to 18^th & 20^th of April and hence the complainants were forced to reschedule the return journey for 17.04.2017 instead of 19.04.2017.  The complainants paid flight rescheduling charge of 2250 INR per passenger plus a sum of 11,535 INR being the difference in charge.  The return flight was from Mumbai Domestic Terminal and its departure time is 17.05 to Trivandrum Airport Terminal-I scheduled to arrive at 21.30 with a transit in Bengaluru Airport.  But all these plan had got shattered due to the non-assistance of airlines team in Mumbai airport.  The complainants were supposed to travel from Mumbai Domestic Airport to Trivandrum airport Terminal-I on 17.04.2017.  But they were denied boarding without any rhyme or reason.  On the day of return journey the complainants reached the Mumbai airport at 16.10.  Complainants made web check in two days prior to the return travel date.  Soon after reaching airport they proceeded for the queue to check in their baggage, as the queue was progressing.  They checked with an Indigo staff that did they need to rush for flight and the lady staff replied that there was no need to rush as complainants were in time.  The complainants checked in the baggage and got the baggage tags stamped to the boarding pass which was issued from the check-in –counter by the ground handling staff of opposite parties.  The new boarding passes shown the boarding gate #14.  1^st complainant checked with an airport security staff about the gate who directed them to proceed to gate #A14.  The complainants rushed to gate #14 and did the security check-in within few seconds.  The display board shown the status of their flight as boarding gate is still shown as #14.  The complainants sat in the chairs facilitated near to the gate #14 till 17.00 expecting for their call for boarding.  But the counter was seen empty even few minutes before departure time of flight and hence complainants felt that things went away and Airline staff mismanaged and misdirected them.  On querying at gate #15 the complainants came to know that the flight will be taking off on right time and they closed the gate long before departure time without calling them and the lady staff in gate #15 was simply saying that the complainants missed the flight.  They were denied boarding in a most unjust and unprofessional manner causing them unbearable mental agony and panic.  One lady staff directed the complainants to a counter near to the security check-in and sealed cancellation on their boarding pass.  There was no positive effort to direct the complainant to the proper boarding gate and if there occurred a defect or mistake from the part of the opposite parties nothing was done from the part of Airline staff to trace a family of passengers checked in and covered security check-up and waiting with boarding passes.  Later opposite parties directed the complainants to check in counter and returned the checked in baggage and complainants got embarrassed thinking as to how can they off load their checked in baggage at the last moment and they strongly believed that they haven’t put their baggage in aircraft at all.  The complainants expressed their grievance to the lady staff in check-in counter and explained the situation that examination of 3^rd complainant was on the following day.  But she was not ready to help them and asked the complainants to book a new air ticket for their next flight.  The complainants were not even able to think of what to do next.  Later on, the complainants concluded that catching the opposite party’s flight on the next day was not a good solution. Then the security guards in Mumbai airport asked them to get the assistance of airline staff.  According to Airport Authority Rules airline staff need to sign off them from the airport and the same person have to accompany until they got in for going out and checking for the nearest flights of any airways.  But the staff left the 1^st complainant outside when he was checking for air tickets in Akbar Travels counter in Mumbai Airport.  Then the 1^st complainant took air ticket in Jet Airways by paying extreme fare of 8,100 INR per passenger.  Airport securities did not allow the 1^st complainant to get inside the airport.  During this time 2^nd and 3^rd complainants got panic and they were fully helpless.  One of the airport securities understanding the pathetic situation of the complainants allowed the complainants to get in verification.  The relatives of 1^st complainant advised him to catch a taxi and return back to his client’s uncle’s home in Borivali.  The complainants caught a prepaid taxi and went to their uncle’s home.  On the next day morning the complainants reached airport by 4.00 am to catch the domestic flight at 6.10 am.  Then the complainants saw the Jet Airways staff doing the final call for the Bhuj Aircraft which was preparing for takeoff from the adjacent gate in Mumbai International Airport.  The complainant departed from Mumbai and touched down in Trivandrum 15 minutes prior to the estimated time of arrival.  The complainants have suffered mental agony and pain and it badly affected the 3^rd complainant in the examination.  Hence the complaint.          

After accepting the notice opposite parties were not present before this Forum and hence set ex-parte. 

Complainants filed chief affidavit along with documents which were marked as Exts. P1 to P13. 

Issues to be considered are:

1. Whether there is any deficiency in service on the part of opposite party?

(ii) If so, what is the relief and cost?    

Issues (i) & (ii):- We perused the relevant records on evidence.  Exts. P1 to P3 show that complainants booked three air tickets from Mumbai to Bangalore and from Bangalore to Trivandrum on 17.04.2017 from the opposite parties.  Ext. P1 to P3 shows that check-in/bag drop closed at 16.20.  The complainants stated that they reached in Mumbai airport at 16.10.  No contradictory evidence produced by the opposite parties.  Ext. P10, P11 and P12 show that complainants booked 3 air tickets from Mumbai to Trivandrum from Jet Airways on 18.04.2017.  Further complainants stated that they caught a prepaid taxi and went to his uncle’s home.  Ext. P13 shows the prepaid taxi passenger booking receipt.  Opposite parties had not filed version and chief affidavit.  Opposite parties had not produced any evidence to prove that complainants were given direction to the proper boarding gate.  So the case of the complainants stands unchallenged. From the above discussions we are of the view that there is deficiency in service on the part of opposite parties. 

In the result, the complaint is allowed.  Opposite parties are directed to pay the complainant Rs. 50,000/- as compensation and Rs. 5,000/- as cost of the proceedings within one month from the date of receipt of this order failing which the compensation amount carries interest @ 6% per annum from the date of default till realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 14^th day of October 2019.           

         Sd/-      

P.SUDHIR                              : PRESIDENT

            Sd/-

PREETHA G. NAIR  : MEMBER

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C.C. No. 101/2018

APPENDIX

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of ticket itinerary of 1^st complainant

P2     - Copy of ticket itinerary of 2^nd complainant

P3     - Copy of ticket itinerary of 3^rd complainant

P4     - Copy of cancelled boarding pass of 1^st complainant

P5     - Copy of cancelled boarding pass of 2^nd complainant

P6     - Copy of cancelled boarding pass of 3^rd complainant

P7     - Copy of boarding pass of 1^st complainant

P8     - Copy of boarding pass of 2^nd complainant

P9     - Copy of boarding pass of 3^rd complainant

P10   - Copy of e-ticket of 1^st complainant

P11   - Copy of e-ticket of 2^nd complainant

P12   - Copy of e-ticket of 3^rd complainant

P13   - Prepaid taxi-passenger booking receipt

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

NIL

                                                                                                                Sd/-

PRESIDENT

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