Jetlite Airways

Appeal No. 6 of 2009



Smti. Sobha,W/o Shri. Rakesh Pal Govind,

R/o Garacharma,Port Blair

………….Appellant

--Vs—

The Manager , Jetlite Airways,.Junglighat,

Port Blair & The Manager, Indian Airlines,

Port Blair.

…………Respondent



Order No. 3

Dated: 24.11.2009



Today is fixed for hearing of the application under Section 5 of the Limitation Act filed by the appellant for condonation of 6 days delay in filing the appeal. After hearing Mr. Pradeep Ram, the Ld.Advocate for the appellant and considering the grounds of delay as disclosed in paragraphs 3,4,5 & 6 of the application we find that the appellant was prevented by sufficient cause from preferring the appeal in time. Accordingly, six days delay in filing the appeal is condoned and the application under Section 5 of the Limitation Act is disposed of.

The appeal is now taken up for hearing on admissibility. Mr. Pradeep Ram, the Ld. Advocate appearing on behalf of appellant submitted that the appellant was the complainant before the District Forum and her complaint was dismissed by the District Forum without applying proper judicial mind. The appellant on 15.07.08 purchased ticket for herself and her child from Jetlite Airways for proceeding to Chennai on 04.08.08. On 04.08.08 the Jetlite flight was cancelled due to administrative reason and the respondent No.1 i.e Jetlite Airways diverted all the passengers including complainant to Indian Airlines and also intimated the appellant verbally that the Indian Airlines flight would depart at 10.30 AM. The appellant accordingly went back to her home and again reported at the Airport at 8.15 AM but, she was not allowed by the Indian Airlines staff to board the flight disclosing that check-in-time had already been closed as the departure time was 8.30 AM. The appellant could not make the flight and she had to purchase fresh ticket of Kingfisher Airlines for proceeding to Chennai and neither the Jetlite nor the Indian Airlines refunded the fare to her. The respondents were negligent and failed to discharge the service which was expected from them to do. Moreover, the respondent No.1 did not contest the matter before the District Forum and the District Forum would have passed the order exparte against respondent No.1 namely, the Jetlite Airways. There is merit in the appeal and it should be taken up for hearing.

After considering the submissions of Mr. Pradeep Ram, the Ld. Advocate for the appellant and perusing the materials on record including the records of C. D. Case No.34 of 08 of the District Forum, Port Blair and the judgment delivered by the Forum we find that the District Consumer Disputes Redressal Forum, Port Blair made no mistake by dismissing the complaint. We find that on 04.08.08 the appellant reached Port Blair Airport for traveling to Chennai by Jetlite flight No.S2-614. Due to administrative and technical reasons the said flight was cancelled and the respondent No.1 transferred its passengers to Indian Airlines flight No.IC-550 and necessary arrangements were made for accommodation of Jetlite passengers into the Indian Airlines flight No. IC-550 for Chennai. The appellant without making any enquiry at the counter and office of Indian Airlines at Port Blair Airport left the Airport for her home and came back to Airport at 8.15 A.M. when the flight No.IC-550 was almost ready for departure to Chennai. The appellant was not allowed boarding very rightly as check-in time was closed much before the arrival of appellant at the counter of Indian Airlines. Over the ticket of appellant endorsement was made on behalf of Jetlite that transfer to IC-550 and respondent No.1 did not make any endorsement regarding time of departure of flight No.IC-550. The respondent No.1 had no authority to mention the time of departure of flight No.IC-550 as that flight belonged to Indian Airlines and its departure time was within the control of the Indian Airlines authorities.

We do not find any deficiency in service or negligence on the part of respondent No.1 namely, the Jetlite Airways as after cancellation of their flight No.S2-614 they made arrangement for journey of their passengers to Chennai through the flight No.IC-550 of Indian Airlines. It is not such a case that the respondent did not make any arrangement for journey of appellant by different flight or next flight. It was appellant who was negligent as after obtaining necessary endorsement regarding transfer to Indian Airlines flight No.IC-550 she left for home without making any enquiry regarding time of departure of IC flight No.550. Non appearance of respondent No.1 before the District Forum is not a ground for exparte order against respondent No.1 when we do not find any negligence of respondent and rather find negligence of appellant.

We also do not find any deficiency in service or negligence on the part of respondent No.2 namely, the Indian Airlines as the appellant did not report to the counter on time. The appellant reported to the counter of respondent No.2 at 8.15 A.M. when check-in time and boarding both were closed and flight No.IC-550 was almost ready for departure at 8.30 A.M. After a passenger arrives late at airport and arrives so late that his arrival time was almost at the time of departure of the flight, such passenger cannot allege deficiency in service against the Airways. According to rules boarding closes 30 minutes before the actual departure time and the appellant did not report to the Indian Airlines counter within such time. The appellant was very late in reporting to the counter of Airlines and as such the Indian Airlines rightly refused her to board in such flight.

It is true that the appellant did not receive back the money which she paid as fare for her journey to Chennai by Jetlite Airways flight. The complaint filed by her before the District Forum was without any merit and she filed a frivolous complaint and the District Forum rightly dismissed her complaint. Dismissal of her complaint before the District Forum under the provisions of the Consumer Protection Act of course cannot stop her right to claim for refund of air fare before other Forum, if such claim is not otherwise barred by law.

In view of the discussions made above we do not find any merit in this appeal for admission. The appeal accordingly having no merit is not admitted and stands dismissed.

Send down the records of C.D. Case No. 34 of 2008 to the District Forum along with a copy of this order. A copy of this order also be supplied to the Ld. Advocate for the appellant.

Comments

  • edited July 2010
    To,
    The Airport Authorities
    Jet lite Airlines

    Sub: Claim For lost items in my luggage

    Dear Sir,

    I, Dr Pankaj Mall had booked tickets from lucknow to Hyderabad for the date 17th july 2010 thru MakeMy Trip Booking ID FLT000017347423 and E-ticket no 3750062081.
    I checked in with single baggage at lucknow for the 15;30 hrs flight, jet lite codeshare, flight no -9W 7075, and was issued the boarding pass , with the baggage tag from lucknow to hyderabad for the same and connecting flight by jet connect flight no 9W2259 from delhi, which was bound to Hyderabad at 17;15 hrs.
    The flight reached delhi late by 30 min,and I was directly transferred along with 2 other passengers to the connecting flight in a big haste.
    I repeatedly asked the ground staff if my baggage is being transferred in my next flight as I had several important documents in it, which were required by me at the designation was assured that the baggage has already reached the flight,to which I could hardly believe.
    When i reached Hyderabad, i couldnt retrieve my luggage for which i reported at the airport,
    The jetlite staff said its coming by kingfisher flight in 2 hours and I got a slip of missing baggage. I was also reassured that my baggage would arrive at 1 am at my given address for sure.
    I was provided 2 phone numbers, out of which one was a mobile no-08121983155,which was switched off till 10;30 A.M. next morning, n the other,a jetlite hyd office no,which never was picked up by anyone. I came to the Hyderabad airport again at 3 AM but still failed to get any jetlite personal or my baggage.

    Since I'd to leave for another place early in the morning,I had to leave the missing baggage slip with the neighbours'.morning at 10;30 when the mobile no-08121983155 was switched on,I immediately asked them to deliver it to my neighbour and changed the flat no in the address as my apartment was locked. The baggage was received on 19th July,2 days later by my neighbors and unfortunately they discovered the seal was open.
    I came back to hyd on 20th july, To my surprise, as i checked the bag, my sony digital camera,some of my T-shirts, I-phone charger & some cosmetics were missing.i called on to the jetlite and was asked to lodge complaint for the same.

    I want to claim for my lost items & the loss I suffered during the delay of delivery of baggage.

    Thanking you.

    Dr. PankajMall
    33,Kasia Road,
    Gorakhpur,(U.P.)-273001
    Phone no-9919045107
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