Delhi

New Delhi

CC/839/2014

Nawal Kishore - Complainant(s)

Versus

M/S. Air India Ltd. - Opp.Party(s)

01 Aug 2019

ORDER

 

           CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

 

CC. No./839/2014                                                                            Dated:

 In the matter of:-

Nawal Kishore,

R/o 81, First Floor, Apex Royal Castle,

Nyaykhand-1, Indirapuram,

Ghaziabad, U.P.-201010.                                                                                                                                                                                                                                  …..Complainant

Versus

 

The Chairman M/s Air India Ltd.

Add. Airlines House, 113, Gurudwara Rakabganj Road,

New Delhi-110001                                                                            .…… Opposite Party

                                           

                                                        ORDER

            PRESIDENT- ARUN KUMAR ARYA

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant booked one returned Air Ticket from New Delhi to Mumbai vide Airline PNR no:- ZE5XD, Ticket no. 98-5457160455 with departure date  23/9/2014 and return date on 24/09/2014. It is further alleged that while retuning on the scheduled flight AI 888, which was originally scheduled at 21:30 hrs on 24/09/2014, the complainant was informed through message that there is further delay of 30 minutes in departure which meant that flight was re-scheduled at 22:00 hrs.

It is further alleged that there was heavy traffic on road of Mumbai on that day and the complainant reached at 21:20 hrs and requested the Air India staff seated at the counter to issue boarding pass as complainant did not have any luggage for check in. Moreover the complainant was in urgency to reach New Delhi to his house as his younger daughter who was 2.5 yrs old was suffering from fever but the staff of OP did not hear any plea and refused to issue boarding pass citing the reason to reach air port at least 45 minutes before departure of the flight.

 It is further stated that on request of the complainant the official of the OP finally noted the boarding time on the air ticket as 21:25 hrs. and marked to AI booking counter to issue the air ticket for AI 623 from Mumbai to New Delhi, scheduled at 23:00 hrs on the same day. It is further alleged that the complainant  had paid Rs. 12,977/- extra for getting the ticket in the another flight AI 623 around at 22:30 hrs after swapping his credit card sharp at 22:23 hrs. and the OP on its counter initially booked the ticket in AI348 scheduled at 07:50 hrs on 25/09/2014 and later on cut the flight details and wrote the flight no. AI623 dated 24/9/2014 for the same day flight. After receiving the new Air Ticket for flight AI623, scheduled at 23:00 hrs on the same day, complainant got the boarding pass at around 22:35 hrs i.e. just 25 minutes before the scheduled departure of the AI623, Due to additional ticket fare charged and mental agony complainant filed this present complaint.

OP was noticed and OP filed written statement. It is alleged that the complainant did not reached  in time i.e. at least 45 minutes before the departure of the flight and it was clarified by officials of Air India to the complainant that since the check in formalities  of AI888 were already over. The complainant could not be allowed to given boarding pass as he reached late on counter therefore gave seat in next available flight AI348 of 25/9/2014. It is further alleged that  as far charging of ticket of booking flight AI348 to AI623 was concerned, it was on the request of complainant voluntarily to the official of Air India. The terms and conditions of the Air India has also been filed by the OP in which it is clearly mentioned that the counter closing time for domestic flight is 45 minutes before departure of flight.

Both the parties have filed their respective evidence by way of affidavit, we have heard arguments advance at the bar and perused the records.

The admitted position of the parties is that the complainant reached at the Airport late with the stipulated time of 45 min. as per guide lines filed on record by the OP which makes it clear that the counter closing time for domestic flight is 45 minutes before departure of flight. Thereafter, the complainant met official of the OP who charged the complainant Rs. 12,977/- extra to get the ticket in the other flight i.e. AI623 at around 22:30 hrs.

It is clear that there is a lot of flight are scheduled as per the Air Control Traffic System and  there is certain time of flying for the respective flights and it is mandatory to come 45 mins. prior to flying of flight and for security purpose. As far as fare of Rs. 12,977/- is concerned that the flight was as to depart at 22:30 hrs, so in emergency conditions after obtaining permission from ATC and coordination between the OP and further subject to availability of seat in the flying plain the place of accommodation for one passenger is made.  It is at the request of the complainant the OP official accommodated him on the pretext that his daughter was unwell.

 In view of the above circumstances the Forum does not find any deficiency on the part of OP hence the present complaint stands dismissed.

An application was moved on behalf of complainant for perjury u/s 340 CrPC read with 195 CrPC. As per this application there is some discrepancy time in respect of two flights. Firstly, in which the complainant was slated to fly and secondly, the purchase of Air ticket at the Air port itself. These are mere typographical error. Accordingly, the Forum does not find any perjury committed against it. The application is also dismissed.

This order be sent to server (www.confonet.nic.in ). A copy of this order be sent to the complainant free of cost by post.

Announced in open Forum on 01/08/2019.

            File be consigned to Record Room.

 

  (ARUN KUMAR ARYA)

                         PRESIDENT

(NIPUR CHANDNA)                                                               (H M VYAS)

                    MEMBER                                                                           MEMBER