Order-14.
Date-30/11/2015.
In this complaint Complainant Smt. MinakshiMajumdarby filing this complaint has submitted that complainant along with her daughter for the purpose of travelling from Kolkata to Ahmedabad on 25.11.2014 purchased one confirmed ticket of Air India and they reported to Air India Counter for boarding pass in time.But dealing person at the counter refused to issue boarding pass alleging that they were late.As a result he could not undertake the said journey and then and there he contacted with her husband over phone and as they had extreme need to travel to Ahmedabad, they availed of the facility of another Airline IndiGo paying Rs.25,576/-.
Reaching at Kolkata her husband took up the issue with Air India authority on 29.11.2014 to know the actual reason for refusal.But inspite of several e-mail Air India authority could not come out with reason for refusal, but they only stated that matter had been forwarded to Customer Service section for investigation.But subsequently Air India refunded Rs. 2,376/- after adjusting claim for compensation.
On 30.12.2014 mail was sent to the Air India claiming for compensation and also on 07.02.2015 for redressal but they did nothing and did not pay any heed and in fact for the laches on the part of the op, complainant has been financially lost etc. for which the present complaint is filed for redressal.
On the other hand op by filing written statement submitted the entire allegation is false and fabricated and fact remains that in the e-ticket terms and conditions and guidelines are specifically noted and complainant purchased the ticket knowing fully well about the terms and conditions and guidelines and so, complainant including the op are guided by the said terms and conditions.No doubt complainant along with her daughter purchased confirmed Air ticket for travelling from Kolkata to Mumbai by AI-676 and from Mumbai to Ahmedabad on 25.11.2014 vide ticket nos. 0982111518999 and 0982111518994 respectively and the schedule time of departure of the flight AI 676 on that day from CCU-Kolkata, India, Terminal-2 was 06.10 hours and the arrival time of the said flight in BOM-Mumbai, India, Terminal 1A was at 08.50 hours and the schedule time of departure of the AI 144 flight was from BOM-Mumbai, India Terminal-2 at 18.55 hours and the time of arrival in AMD-Ahmedabad, India, Terminal-2 at 20.10 hours on 25.11.2015 and it was specifically stated in the Itinerary receipt of E-ticket issued to the complainant that the passengers to report for check-in at least two hours before scheduled departure for Domestic flights and check-in counter closure time for domestic flight is 45 minutes before departure and one copy each of the said E-tickets of the complainant and her daughter is also filed.
It is specifically mentioned that counter closer timings are decided in conformity with Director General of Civil Aviation guidelines which will appear from the official Website of the op and all the passengers who had reported at the check-in counter for AI 676 of that particular day i.e. 25.11.2014 by 05.25 hours who were issued boarding passes and after completion of baggage check-in and other formalities, the check-in counter of the said flight was closed at 05.25 hours which was 45 minutes prior to the schedule departure time of the flight at 06.10 hours.The complainant and her daughter reported at the check-in counter of the flight No. AI 676 in Kolkata Airport on that day at 05.28 hours after the check-in counter was closed on that day and their reporting time is also from the Air India which is filed along with the written version.
It is further mentioned that the total capacity of the said flight was 114 passengers but actually 109 passengers were accommodated and had the complaint with the daughter reported in time, they also could have been accommodated in the said flight?Further it is submitted that one Mr. A. Tantiawas accepted for the said flight at 05.08 hours and there were 05 seats vacant in the said flight at the time of closing the counter since only 109 passengers were accepted against the seat capacity for 114 passengers in the aircraft.Op also stated that as the complainant and her daughter reported at the check-in counter after the same was closed, they could not be accommodated in the flight being AI-676 on 25.11.2014 and complainant’s daughter reported in check-in counter after schedule time and same was closed, they could not be accommodated for the flight and that was done according to the rules and regulations.
So, there was no deficiency and negligence on the part of the op.Further it is submitted that they also attended the complaint of the complainant and complainant had already got refund of the air fare after deduction of applicable charges.So, the complainant is not entitled to get any further relief and in view of the entire fact is false and fabricated and there is no negligence and deficiency on the part of the op for which this complaint should be dismissed.
Decision with reasons
On careful consideration of the complaint and written version and also hearing the Ld. Lawyers of both the parties, further considering the Itinerary receipt in the name of Smt. MinakshiMajumdar and IndraniMajumdar, it is found that in details it is noted that check-in counter closure time and domestic flight departure time and other details and passengers by that receipt was directed to report to check-in at least 2 hours before schedule departure for domestic flight and 3 hours for international flight.
Moreover from their details about Miss. IndraniMajumdar and Smt. MinakshiMajumdar and their attendance or reporting it is found that they reported at 05.28 hours.So, considering the document of the op, it is clear that complainant and her daughter reported after closure of the check-in counter and it is also proved that the said check-in counter was closed at 05.25 hours and due to such late, there was no ground to condone such delay and to accept it because it is the regulation that is provided by the Civil Aviation Department.
So, apparently it is found that they appeared at 05.28 hours not prior to 05.25 hours.So, it is proved that complainant reached late so boarding pass cannot be granted because check-in counter is already closed.In this regard it is evident that there was no laches or fault on the part of the ops.Then question of giving any relief to the complainant does not arise.At the same time complainant’s husband reported or filed a complaint that was disposed of as per their rules and after deduction the balance amount was refunded and that is admitted by the complainant.Then under any circumstances, it would not be possible for this Forum to give any relief to the complainant because op’s fault or any sort of negligence or any sort of unfair practice is not proved.At the same time deficiency and negligence on the part of the op is not proved, rather appearance of the complainant and his daughter before the check-in counter at belated stage is well proved for which we are inclined to hold that there is no merit in this complaint when negligence and deficiency on the part of the op or any sort of unfair practice on the part of the op is proved.So, the complaint fails.
Hence, it is
Ordered,
That the complaint be and the same is dismissed on contest but without any cost against the op.
