Date of Filing: 14.12.2017
Date of Order: 10.01.2020
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 SRI K.RAM MOHAN, B.Sc, M.A., L.L.B, MALE MEMBER
ON THIS THE FRIDAY THE 10th DAY OF JANUARY 2020
C.C.No. 18 / 2018
Between
1. Ahmed Aqeel, S/o. Late sri Abdul Aqu, Age 49 years,
2. Begum Rahena, W/o. Ahmed Aqueel, Age: 38 years
3. Kausar Afra, D/o. Ahmed Aqeel, Age 17 years,
4. Tabassum Farhana, D/o. D/o. Ahmed Aqeel, Age 20 years,
5. Kausar Husna, D/o. Ahmed Aqeel, Age: 24 years,
6. Kausar Sahana, D/o. Ahmed Aqeel, Age 19 years.
All are residents of H.No.15-1-316,
Old Feelkhana, Begum Bazar, Hyderabad ……Complainants
And
M/s. Indigo Airlines,
Level, Tower C, Global Business Park,
Mehrauli Gurgaon Road,
Gurgaon 122 022, Haryana, India,
Rep.by Managing Director. ….Opposite Party
Counsel for the complainant : Mr.S.Ravindranath
Counsel for the Opposite Party : Mr.D.Narendra Naik
O R D E R
(By Sri. K.Ram Mohan B.Sc.,M.A, L L B. Member on behalf of the bench)
1) This complaint has been filed under Section 12 of Consumer Protection Act, 1986 attributing negligence and deficiency in service to the opposite party for not allowing complainants at boarding gate despite holding valid boarding passes for travelling through Indigo Airlines on 9.5.2017 by flight bearing No,.6E 683 from New Delhi to Hyderabad thereby praying this Forum to direct the opposite parties to pay Rs.4,33,008/- towards loss of charges for tickets, expenditure at Delhi for next 24 hours and loss, mental agony, sustained loss due to not attending land dealing meeting at Hyderabad to the complainant No.1; Rs.1,65,040/- towards loss of charges for tickets expenditure at Delhi for next 24 hours mental agony to the complainants No.2 to 6 to the totaling of which comes to Rs.5,98,040/- for all the six complainants.
2) The case of the complainants in brief is that :
The complainants got booked their flight tickets through “Make my trip general“ on 5..4.2017 for undertaking journey on 9.5.2017 through Indigo Airlines by flight No.6E683 from New Delhi to Hyderabad. Accordingly on the said date of journey they reported to booking counter, . got checked in and were given boarding passes and accordingly they reported at boarding gate by 6.30am , but they were not allowed to get in through boarding gate on the ground of their reporting late resulting in disapproval of journey by the scheduled flight and spending money for next 24 hours at Delhi, booking new tickets for their return journey. Hence, this complaint praying for compensation etc., as stated supra.
3) The opposite party filed its written version on behalf of inter globe aviation limited admitting the facts of booking LITE fare tickets through inter club aviation limited, reporting checked in counter, checked in luggage, issuance of boarding passes but resisting reporting of the complainants at boarding gate where the complainants reported at 7.25 am instead of reporting the same by 7.05 am for boarding the scheduled flight departure to take off at 7.50 am also resisted the complaint and denied on the ground that the complaint is not supported by duly attested affidavit as required by law, mis-joinder of Indigo Airline and non-joinder of Inter globe aviation limited which organizers schedule journeys commercial flights including Indigo , within India and to certain destinations at abroad. The opposite party pleaded that it provided Indigo CoC (conditions of carriage domestic ) to the complainants. The complainants purchased LITE fair tickets which bar carriage of checked in baggage. Therefore the charges of INR Rs.200/- for each was collected towards carriage of their checked in baggage for 15 kgs each in addition to charges for tickets. As per the Indigo CoC, the complainants were required to report at boarding gate 25 minutes prior to departure of scheduled flights i.e. before 7.25 AM which was also stated on the boarding gate passes. AS per said Indigo CoC, if the complainants fail to report at t6he boarding gate within the stipulated timelines , it would result in the forfeiture of their ticket amount but will be entitled to refund of a Government and airport fees and /or taxes, if applicable.
Based on this the opposite party returned these charges to the complainants, who alleged to have not travelled in the above scheduled flight on account of their failure to report in time at the board gate. Hence, opposite parties prayed for dismissal of complaint.
4) During the course of enquiry, in order to substantiate their respective pleadings, the complainants got filed their affidavit evidence and produced documents Exhibit A1 to A5 and the opposite party being represented through its authorized Managing Director , got filed his written version, affidavit evidence and produced documents B1 to B6. Written arguments have also been filed by both the complainants and the opposite parties.
5) The points now emerged for consideration.
1.Whether the complainants reported at he boarding gate in time?
2. Whether there is any negligence or deficiency in service on the part of the opposite party in not allowing complainants to get in through boarding gate on the said date of journey?
3. Whether complainants are entitled to any reliefs as prayed for in the complaint? If so to what reliefs?.
Having heard the learned counsel appearing for the complainant as well as the opposite party and after perusing the documents made available on record, we opine that:-
6) Point No.1: Ex,B3 copy of screen shots of checked-in baggage shows that the complainant’s baggage was checked-in on dated 9.5.2017 at 64:49:43. Subsequently they were provided with boarding passes each of which shows that the ticket holders were required to report at boarding gate by 25 minutes prior to the departure of the scheduled flight. Since the departure of the scheduled flight was 7.50 am, the complainants were too report at the boarding gate by 7.25 am. Considering the scenario and circumstances, it appears that the complainants would not report at the boarding gate 7.25am. As such they were not permitted along with the other passengers. Since the complainants were at fault, by not reporting at the boarding gate by 7.25AM, the negligence and deficiency of service cannot be attributed to the opposite party. It can also be presumed if they had reported by 7.25 AM and when the personal at boarding gate did not allow them inside, they would have immediately contacted the officials concerned. The allegations leveled as regards to this appear to have been an after thought with a view to meet their demands, When , as they stated in their complaint, that the “complaint- book” was not made available to them, they would have brought it to the notice of he concerned officials by way of sending a mail. It also appears that as they reported at booking counter in time, on payment of INR Rs.200/- towards their luggage to be carried in LITE flight, they were permitted in and were given boarding passes apart from taking of their check-in luggage. It also appears that the complainants linger on some other matters/issues as such they could not report in time at boarding gate which resulted in denial of their entry through boarding gate and there by missing of the scheduled flight. Considering this discussion the, answer to this poi8nt is given against the complainants but in favour of the opposite party.
7) Based on allowing the checked –in baggage and voluntarily payment of Rs.200/- towards carriage of their baggage in the LITE flight and specifically not travelling in the said flight , refund of the said amount by the opposite party collected towards carriage of their baggage and Government and airport taxes and considering the discussion held in the above point No.1 , it is held that there is no negligence or deficiency in service on the part of the opposite party as such answer to this point is given in favour of opposite party but agai9dnst the complainants.
3) In view of the discussion held in point No.1 and 2 the complainants are not entitled to any relief.
In the result, the complaint is dismissed and no order as to costs.
Dictated to steno transcribed and typed by her and pronounced by us on this the 10th day of January, 2020.
MEMBER PRESIDENT
APENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 - Copy of Online Air ticket
Ex.A2 – Copy of Boarding tickets of complainants
Ex.A3 – Copy of Legal notice dt. 7.6.2017
Ex.A4 – Copy of Legal notice dt.
Ex.A5 – Agreement of sale
Exhibits filed on behalf of the Opposite parties:
Ex.B1 – Copy of authorization letter
Ex.B2 - Copy of conditions of carriage
Ex.B3 – .Copy of Screenshot of Baggage checked in by complainants.
Ex.B4 – Copy of Boarding passes issued to complainants
Ex.B5 – Copy of refund of amount to complainants.
Ex.B6 – Copy of reply notice to complainants notice
MEMBER PRESIDENT
