DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB         : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Monday the 31^st day of July 2023

C.C.223/2023

Complainant

Salomi Augustin,

W/o Antony,

Thettayil (HO), Viruppil,

Moozhikkal, Chelavoor (P.O),

Kozhikode – 673 571.

Opposite Party

The Airport Lounge Manager,

Oasis Lounge,

Chatrapati Shivaji Maharaja International Airport,

Terminal -1, (Domestic), NAVPADA,

Mumbai – 4000 009, Maharashtra.

ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

             This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

      On 15/02/2023 the complainant travelled from Kozhikode to Chandigarh with her colleagues through Indigo Airlines via Mumbai.  She had the connection flight from Mumbai Terminal-1 and there was a lay over time of 4 hours 40 minutes.  The complainant is a Platinum Rupay International card holder of the State Bank of India, which offers free lounge facility at Airports.  At about 2p.m on 15/02/2023 the complainant approached the Oasis lounge counter with her Rupay Platinum card and air ticket for availing free lounge facility.  But she was denied the facility.  On her return journey from Chandigarh to Kozhikode via Mumbai airport on 20/02/2023, there was a long lay over time and she contacted the Lounge counter for free access, but they denied her request.  The behavior of the Oasis lounge authorities towards her has resulted in great mental harassment and she had to spent huge amount on account of food and other facility.  Hence the complaint seeking compensation of Rs.20,000/- from the opposite party.

3.         Despite receipt of notice issued from this Commission, the opposite party failed to appear and hence set ex-parte.

4.         The points that arise for determination in this complaint are:

1. Whether there was any deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.

5.         The complainant was examined as PW1 and Exts A1 and A2 were marked.

6.         Heard.

7.         Point No.1:–The complainant has approached this commission alleging deficiency of service on the part of the opposite party by denying free lounge facility at the airport. She has claimed compensation of Rs.20,000/-.

8.         The complainant has got herself examined as PW1, who has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the Air ticket and Ext A2 is the copy of the list of free airport lounges for Rupay cards in the website of National Payment Corporation of India (NPCI).

9.    The evidence of PW1 stands unchallenged.  Ext A2 clearly shows that the holder of Platinum Rupay International card is entitled to free lounge facility at the Airport.  The complainant was the holder of such a card and she was denied the facility of availing free lounge facility.  The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim of the complainant. The case of the complainant stands proved through the testimony of PW1 and Ext A1 and A2 documents.  Gross deficiency of service on the part of the opposite parties stands proved.  Undoubtedly, the conduct and behavior of the opposite party has resulted in intense mental agony and harassment to the complainant, besides monetary loss.   The complainant deserves to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this case.

10.       Point No.2 :  In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 223/2023 is allowed in part.  
2. The opposite party is hereby directed to pay a sum of Rs.10,000/- (Rupees Ten thousand only) as compensation to the complainant.
3. The payment as aforestated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs.10,000/- shall carry an interest of 6% per annum from the date of this order till actual payment.
4. No order as to costs.

Pronounced in open Commission on this the 31^st day of July 2023.

Date of Filing: 07-06-2023.

Sd/-                                                Sd/-                                               Sd/-

PRESIDENT                                           MEMBER                                       MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the Air ticket.

Ext A2 - Copy of the list of free airport lounges for Rupay cards in the website of National  

                Payment Corporation of India (NPCI).

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 -  Salomi Augustin, (Complainant)

Witnesses for the opposite parties 

Nil

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PRESIDENT                                           MEMBER                                       MEMBER

True Copy,

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