| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION-VII DISTRICT: SOUTH-WEST GOVERNMENT OF NCT OF DELHI FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN SECTOR-20, DWARKA, NEW DELHI-110077 CASE NO.CC/591/13 Date of Institution:- 19.11.2013 Order Reserved on:- 08.04.2024 Date of Decision:- 19.09.2024 IN THE MATTER OF: Ramesh Kumar Marwah S/o Late Sh. Babu Ram Marwah R/o House No.G-51, Ground Floor, South City-II, Gurgaon-122018, Haryana .….. Complainant VERSUS M/s Air India Ltd. Air India (Reservations), Through its Managing Director Safdarjung Airport, Aurobindo Marg, New Delhi - 110003 .…..Opposite Party Per Dr. Harshali Kaur, Member - Briefly stated facts of the complaint are that the Complainant booked Air tickets on 21.12.2012 on the OP Airline to visit Hong Kong from Delhi via OP flight no.AI310 for 24.12.2012 with departure time 23:15hrs and returned via flight no.AI317on 01.01.2013. The Complainant paid Rs.1,42,932/- for the confirmed tickets on the OP airline. He has annexed the e-ticket itinerary receipt and payment details with the complaint on page no.10.
- On 24.12.2012, on checking the flight status of AI310 on the OP website, the Complainant found that the flight started from Mumbai and not from Delhi. The expected departure time from Mumbai post was 10:15PM, and the scheduled time of arrival at Delhi post-midnight. The departure from Delhi reflected 11:15PM. The Complainant called the OP toll-free number and spoke to the OP executive, who confirmed flight no.AI310 would start from Mumbai, as shown from Mumbai. The Complainant was still unsure because of the dissatisfactory answer given by the OP executiveand alleges he did not receive any clarification or correct picture regarding the flight's departure.
- The Complainant called another number in Gurgaon given by the OP executive to clarify the departure of his flight. He alleges that the executive from the Gurgaon office responded that the revised expected departure would be around 1:15AM the next day and would be updated on the OP website in due course. The OP executive, however, advised the Complainant to be at the Airport by 10:30PM to guard against any early departure.
- The Complainant immediately left the house and reached the OP airport counter at 10:20PM. He found that the OP check-in counter was closed at 10:15PM itself,i.e., one hour before the scheduled departure of 11:15PM. Despite explaining his side of the story to the OP officials,theydid not consider his request and did not allow the Complainant to board the flight.
- The Complainant alleges that the OP officials assured him that the amount of his tickets would be reimbursed after the OP deducted the service tax, but the same was not done. The Complainant was instead forced to purchasefresh air tickets from Delhi to Hong Kong and suffered financial loss. He therefore lodged a claim fora refund of his booking amount. The OP apologised for the inconvenience caused to him and asked him to wait via email dated 05.01.2013. On 18.01.2013, the OP requested time as they were awaiting inputs from the call centre and IT support.
- Finally, after several communications wereexchanged between them,the OP sent an email on 09.03.2013 with details of the refund to the complainants, which were not acceptable to the Complainant as he was claiming a full refund of the booking, which was declined by the OP on 16.04.2013. Thereafter, as stated by the Complainant, the OP paid a sum of Rs.21,075/- towards the Complainant's claim. Copies of the emails are annexed with the complaint from pages 16 to 36.
- Aggrieved by the OP's misrepresentation, negligence and dereliction of duties, the Complainant filed the present complaint alleging deficiency in service on the part of the OP under section 12 of the Consumer Protection Act, 1986. He has prayed for directions to the OP to pay the sum of Rs.74,895/- along with interest @24% p.a. from the date of filing of the complaint till realisation towards the remaining claim amount and Rs.50,000/- towards harassment, mental agony and pain suffered by the Complainant along with Rs.20,000/- towards litigation charges.
- On notice,a reply was filed by the OP wherein the OP admits that the Complainant booked four tickets for the 24.04.2012 Delhi-Hong Kong sector on the OP flight AI310, paying Rs.1,42,934/- to the OP. The scheduled flight was to depart from Indira Gandhi International Airport at 23:15hrs. However, the Complainant arrived late at the Delhi Airport after the check-in counter was closed and hence missed his flight.
- The Complainant has himself submitted that on the OP website, the departure of his flight was reflected as11:15 PM; therefore, he reached the Airport at 10:20PM. The officials of the OP clarified to the Complainant that there were two flights, one from Mumbai to Delhi and vice versa. If the flight from Mumbai is delayed, Delhi's departure time will be the same. The OP further stated that the Complainant's flight was only 22 minutes late from its scheduleddeparture time.
- Further, conditions pertaining to check-in and check-out time for passengers are mentioned on the ticket and the internet website of Citizen Charter, which clarifies that for international flights, check-in counters close 60 minutes prior to the departure of the flight and to complete all the pre-departure formalities of security, immigration and customs clearances passengers are requested to report at the check-in counter at least 3 hours before departure. The OP has filed a copy of the Citizen Charter and General Conditions Of Carriage for passengers and baggage, along with their reply.
- Further, the OP states that an amount of Rs.21,075/- against the unused tickets after applicable deductions has already been refunded to the Complainant as per fare rules as given below:-
Adult Tickets:- Cost of each ticket:INR36864 Cost of one-way HKGDEL sector:INR28942 Refund Fee (including Refund administration fee of INR300):INR2800 Refundable amount per adult ticket:INR5122 Child Ticket Cost of ticket:INR32340 Cost of one way HKGDEL sector:INR23271 Refund Fee (including Refund administration fee of INR300):INR2800 Refundable amount per adult ticket:INR6269 Therefore, the complaint deserves to be dismissed. - The Complainant filed a rejoinder and his affidavit in evidence reiterating the averments made in his complaint. The OP filed the affidavit of Ms. Sangeeta Bawa, Manager (Commercial) for the OP, who also repeated the statement made in the reply.Both parties filed their written arguments, and we have heard the Ld. Counsel of the Complainant after giving liberty to the OP, who did not appear in the first half to address arguments within 15 days. Ld. Proxy Counsel for the OP appeared in the latter half of the day but did not address any arguments. Hence, the case was reserved based on the material on record.
- We have carefully gone through the facts and circumstances of the Complainant and have also perused the documents filed by the Complainant.We find that the Complainant booked four tickets on OP flight AI310 to travel from Delhi to Hong Kong on 24.12.2012. He paid a sum of Rs.1,42,932/- for the tickets (Ex.CW1/A). The Complainant checked the OP website on 24.12.2012, i.e. the day of the scheduled flight.
- On logging into the OP website, the Complainant became aware that flight AI310 started from Mumbai and the expected departure time from Mumbai was reflected as 10:15PM. However, the departure from Delhi airport was reflected as 11:15PM, as also mentioned in his ticket.
- Unsure of the departure time of his flight, the Complainant contacted the toll-free numbers of the OP in Delhi and Gurgaon but allegedly could not get any confirmation of his flight AI310 from Delhi. The Complainant alleges that he kept trying to contact the OP office for clarification and was advised by the OP executive to be at the Airport by 10:30PM.
- The Complainant reached the Airport at 10:20 PM and found the check-in counter closed. He was, therefore, late only by 5 minutes as the counter had closed at 10:15PM for the scheduled departure of his OP flight at 11:15PM. Despiterequesting the OP officials, he was not allowed to board the flight and hence had to purchase fresh tickets and travel to Hong Kong.
- The Complainant admits to receiving a refund of Rs.21,075/- towards the unused tickets after applicable deductions.
- The OP clarified that as per the terms and conditions available on the website of Citizen Charter,a passenger travelling on an international flight is advised to checkin 150 minutes before departure of the flight as the check-in counter closed 60 minutes before the departure time of the flight for all classes of guests. It is the responsibility of the passengers to comply with the guidelines. In the present complaint, the Complainant and his family reached the Airport OP counter lateand missed the flight due to their own fault.
- The OP admits in its testimony that there were two flights one from Mumbai to Delhi and vice versa. If there is a delay in the flight from Mumbai to Delhi, the departure from Delhi would also be the same. The Complainant's flight was undoubtedly delayed by 22 minutes from its scheduled departure time of departure, but since the Complainant arrived at the check-in counter, he could not be allowed to board.
- In our considered view, the Complainant's statement, as given in his testimony,that the departure of his booked flight to Hong Kong from Delhiwas reflected as 11:15PM, as also mentioned on his ticket copy of, which is annexed as Ex.CW1/A, which is the e-ticket itinerary receipt issued to him on booking his tickets by the OP airline.
- This statement of the Complainant is sufficient to prove that despite being aware that his flight was scheduled to depart on time,he chose to arrive later than the check-in time allowed at the counter of the OP Airline for international flights and clarified in the terms and conditions which are also in the knowledge of the general public for his international flight for reasons best known to him.
Reliance is placed upon the Apex Court's judgement in the case of The Branch Manager, Indigo Airlines, Kolkata Vs. Kalpana Rani Debbarmadecided on 28 January 2020AIR 2020 SUPREME COURT 678,wherein it has been observed as under:"No doubt, it is said that the consumer is the king and the legislation is intended to safeguard and protect the rights and interests of the consumer, but that does not mean that he is extricated from the obligations under the contract in question much less to observe prudence and due care...The fact that the passenger is under an obligation to report before the scheduled time at the check-in counter.....The airlines have no obligation to wait for the passengers if they do not arrive in time......" - In the instant case, the Complainant admits to having reached the OP check-in counter at the Airport late even though the time reflected on the OP website was the same as given in their air ticket. In our view, all passengers must comply with the check-in timelines and allow ample time to complete the formalities for entry, check-in, security check and immigration, as airports are busy hubs and passengers need sufficient time to complete all the formalities for a smooth journey without any security risks.
- In light of the discussion above, we do not feel the Complainant deserves to be compensated for his own negligence any further than already done by the OP, as admitted by the Complainant in his sworn testimony and hence dismiss the present complaint without cost.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 19.09.2024.
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