DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAS NAGAR (MOHALI).

Ravi Ahuja son of Late Shri Tarlochan Dass, resident of House No.73/1, Street No.5, Malhotra Colony, Ropar (Punjab).

                                                        …………...Complainant

                                Versus

1.     InterGlobe Aviation Limited, a Company duly incorporated and registered under the Companies Act, 1956 having its Registered Office at Tower-C, Business Park, MG Road, Gurugram throughh its Managing Director.

2.     The President, Indigo, Level 1, Tower-C, Global Business Park, Mehrauli –Gurugram Road, Gurugram (Haryana).

3.     Ms. Manjula, Air Hostess of Flight No.6E464, c/o   Indigo, Level 1, Tower-C, Global Business Park, Mehrauli –Gurugram Road, Gurugram (Haryana).

                                                        …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                Hon’ble Mr.S.K.Aggarwal, President

                Hon’ble Ms. Paramjeet Kaur, Member  

Present:     None for the complainant.

                Shri Amandeep Singh, counsel for OP No.1 and 2

                Complaint against OP No.3 not admitted.

ORDER         

                The complaint has been filed by the complainant against the Opposite Parties (hereinafter referred to as the OPs) under the Consumer Protection Act. It is averred by the complainant that he had purchased two tickets for himself and his companion Ms. Ruksar of Flight No.6 E 464 for Mumbai-Chandigarh Sector for 27.09.2017. The departure time of the flight from Mumbai was 11:50 hours with flight duration of 2 hours and 20 minutes. The complainant and Ms Ruksar boarded the flight but there was huge delay in taking off the flight. The complainant asked the reasons for delay from OP No.3, who stated the reason as traffic congestion. The complainant asked the OP No.3 whether the aero plane is going by road to which OP No.3 replied sarcastically in a taunting way ‘are you going by plane first time’. Thereafter OP No.3 started pin-pointing, taunting, torturing, humiliating and behaving with the complainant in a shabby manner on petty matters. The behaviour of OP No. 3 irritated the complainant and he even asked the on board air staff of OP No.1 to either change OP No.3 or to disembark the complainant.  The behaviour of OP No.3 caused immense uneasiness and mental stress etc. for which the complainant sought medical assistance and OP No.3 came for physical examination of the complainant and she declared the basic parameters of the complainant within normal limits. However, the condition of the complainant deteriorated but there was no qualified doctor on board. As such the complainant sent text complaints to the higher authorities of OP No.1 and 2 from his mobile.  Ultimately the flight took off and reached Chandigarh at about 16:00 hours against the schedule arrival of 14:10 hours. Upon disembarkment from the aircraft, the complainant was taken by the security to the Fortis Hospital and on medical examination he was diagnosed as hypertensive and his blood pressure and pulse rate was on higher side though the complainant has no previous history of HTN.  Thereafter statement of the complainant was recorded and he was set free around 19:00 hours. The OPs not only mentally tortured and humiliated the complainant, but denied the medical facilities on board and also unilaterally barred the complainant in future from travelling by Indigo Airlines.

Consequently, prayer has been made for issuance of directions to the OPs to revoke the unilateral ban imposed by the OPs on travelling of complainant and to pay him Rs.17,50,000/- as compensation for deficiency in service and Rs.2,00,000/- as litigation expenses alongwith interest @ 18% per annum.

2.             Vide order dated 11.01.2018, the complainant was admitted against OP No.1 and 2 only and not against OP No.3.

3.             Upon notice OP No.1 and 2 appeared and filed joint reply by taking preliminary objections and submissions that the complaint is bad for misjoinder and non joinder of necessary parties.  The company which undertakes scheduled commercial flights within India and to certain destinations abroad is registered under the corporate name of ‘Inter Globe Aviation Limited’.  OP No.2 being President of InterGlobe Aviation Limited has been improperly pleaded. Since the complainant is not consumer of OP No.2 and there is no cause of action has been disclosed against OP No.2.  It is admitted that the complainant booked two air tickets from Mumbai to Chandigarh on 27.09.2017. The booking was governed by certain terms and conditions of air travel, known as the ‘IndiGo Conditions of Carriage –Domestic’ which forms a binding contract between InterGlobe Aviation Limited and the complainant.  Article 13.1 of the Indigo CoC clearly state that the times shown in flight schedule were subject to change and that InterGlobe Aviation Limited will not be liable for any loss incurred by the passengers as a result of such a change. The complainant was further aware that by virtue of Article 13.2 of the IndiGo Coc, InterGlobe Aviation Limited reserved the right to inter alia delay the departure of its flights where the same was reasonably considered to be justified by circumstances beyond its control or for reasons of safety or commercial reasons.  On 27.09.2017 the scheduled departure was delayed by approximately 19 minutes owing to late arrival of incoming flights due to traffic congestion at the Bangalore airport (which caused 4 minute delay) and due to traffic congestion at the Mumbai airport (which caused 15 minutes delay during taxing of the aircraft). Although the said delay of around 19 minutes was entirely out of control, the flight was only subjected to delay of 14 minutes when it arrived at Chandigarh. It is the complainant’s own admission that after boarding of flight, he responded to the cabin crew in a manner which was sarcastic and inappropriate.  The complainant and Ms. Ruksar began to demand that they be off loaded although no justifiable reason for offloading was forthcoming from them.  Such unilateral and unreasonable request could not be acceded to since that would have resulted risking the safety and security of passengers on board and further would have resulted in a host of administrative difficulties associated with disembarking the complainants and their luggage, which would further have caused inconvenience to the remaining passengers and would have also delayed the flight. After the aircraft had taken off, when the complainant  complained that he was experiencing chest pain, the concerned crew officials confirmed that the complainant’s vital parameters were normal. The complainant remained uncooperative and continued to respond to the cabin crew in a rude and abusive manner.  As per complainant’s own admission, the text messages sent by him at 1:19 PM, 1:20 PM and 1:43 PM by which time the flight had already been air borne for approximately 80 minutes. Upon landing, the concerned cabin crew officials intimated the airport security authorities regarding arrival of the complainant and his complaints of chest pain. The complainant was escorted to Fortis Hospital and was subjected to medical examination which revealed symptoms of severe restlessness, anxiety and irritation. In response to the outcall by the customer care officials of the OPs at about 4:15 PM, the complainant informed that he was busy and another call made at 5:38 PM was not responded to by the complainant. It is stated that the allegation of unilaterally barring the complainant from travelling on board IngiGo flights in future is baseless. On merits, the OPs have denied that the flight reached Chandigarh at about 16.00 hours and reiterated that the flight landed at approximately 2:14 PM.  Denying all other allegations of the complaint, prayer for dismissal of the complaint has been made.

8. It is an admitted fact that the complainant had purchased two tickets from the OP No.1 and 2 for travelling from Mumbai to Chandigarh on 27.09.2017.Ex.C-1 is the ticket purchased by complainant from the OP No.1 and 2 and Ex.C-2 is the boarding pass. As regards the allegation of the complainant that during flight he was feeling uncomfortable, uneasy and restless, it is the own admission of the complainant as made in Para No.5 that OP No.3 came for physical examination of the complainant, who told that she is the First Aider of the flight and after physical examination, declared the basic parameters of the complainant within normal limits.Even then, as per the admission made by the complainant in Para No.8 of the complaint, he was taken by the security to the doctors of Fortis Hospital for medical aid and the complainant was found to be anxious and irritated and diagnosed as hypertensive and Ex.C-4 is the prescription slip of Dr. G.S. Chawla, Fortis Hospital, Mohali. Thus, it cannot be said that when the complainant felt uncomfortable, uneasy and restless, he was not given proper medical help.

13. The instant complaint could not be disposed of within stipulated period for want of Quorum.

                Certified copies of this order be sent to the parties free of costs.   File be indexed and consigned to record room.

Pronounced

July 19, 2023

                        (S.K. Aggarwal)

                                                                President

(Ms. Paramjeet Kaur)

Member