Tamil Nadu

North Chennai

CC/83/2018

Mr.Ramakrishnan Ganesan - Complainant(s)

Versus

Indigo Airlines Regional Manager - Opp.Party(s)

Vinod Paul Tyagaraj David

02 Feb 2022

ORDER

                                                                     Complaint presented on : 09.08.2018

                                                                       Date of disposal            : 02.02.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

                PRESENT: THIRU. J. JUSTIN DAVID, M.A., M.L.               : PRESIDENT

                        THIRU. S. BALASUBRAMANIAN, M.A., M.L.          : MEMBER

 

C.C. No.83/2018

 

DATED THIS WEDNESDAY THE 02^nd  DAY OF FEBRUARY 2022

                                

Mr.Ramakrishnan Ganesan,

S/o. Sri.M.S.Ramakrishnan,

Flat No.03, Chakkra Flats,

1^st Street, V.O.C.Nagar,

Anna Nagar East, Chennai – 600 102.

                                                                                               …..Complainant

 ..Vs..

1.Indigo Airlines,

Regional Manager,

144/145, Malavika Centre,

Kodambakkam High Road,

Nungambakkam, Chennai – 600 034.

 

2.Yatra Online Private Limited,

Regional Manager,

Suite No.202, 2^nd Floor,

Capital Towers, Kodambakkam High Road,

Nungambakkam, Chennai – 600 034.

.....Opposite Parties

Counsel for Complainant                         : Mr.Vinod Paul Tyagaraj David

Counsel for 1^st opposite party                  : M/s. S.Ramasubramaniam

Counsel for 2^nd opposite party                  : Ex-parte

ORDER

 

THIRU. J. JUSTIN DAVID, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of a sum of Rs.4,40,195/- total expenses with 18% interest per-annum from the date of filing the complaint with cost of this proceedings.

1.THE COMPLAINT IN BRIEF:

          The complainant is working as head of Government Conferencing in Door Sabha Nigam Limited from 01.06.2017 onwards. The complainant had a schedule meeting in Delhi on 01.03.2018. The complainant had booked air tickets from first opposite party through the second opposite party for a roundabout trip from Chennai to New Delhi on 01.03.2018. The complainant had paid a sum of Rs.20,195/- towards the air tickets. The departure time for flight No.6E-976 from Chennai to New Delhi was 06.30 hours at 01.03.2018. The complainant also web checked in set No.14B before the said travel and further the boarding time mentioned in the boarding pass was 05.45 am. The complainant had arrived the airport at 05.00 am and after passing through the security check reaching gate no.12 for boarding the flight, the staff of the 1^st opposite party had intimated to the complainant that the flight had departed at 04.55 a.m. Thereby the complainant was constrained to miss the meeting with BSNL for no fault of him. The complainant had sent a mail to the 1^st opposite party on 01.03.2018 at 11.04 am seeking for a refund of Rs.26,885/- and the 1^st opposite party customer relations had replied on 01.03.2018 at 06.01 p.m stating that intimation of the change of timing of the flight was informed to the complainant and further responded that only a sum of Rs.349/- would be refunded to the 2^nd opposite party. No intimation for the change of timing of the flight was informed by way of SMS to him by the opposite party. The reply of the 1^st opposite party clearly shows they are guilty of deficiency of service in order to escape their liability. The opposite parties are joint and severally liable .

2.WRITTENVERSION FILED BY THE 1^st OPPOSITE PARTY IN BRIEF:

          The present complaint is not maintainable in law or on fact.  The complainant has failed to fulfill the conditions precedent which have to be complied with in order to travel even on a confirmed ticket. Further, the complainant concealed the fact in the present complaint and the same evinces mala-fide intent of the complainant with a motive to unduly enrich himself at the cost of InterGlobe Aviation Limited for no fault of on part of InterGlobe Aviation Limited. Any person who avails services from a service provider (InterGlobe Aviation Limited in the present case) for undertaking any business activity or a commercial activity for a commercial purpose cannot be considered as a ‘Consumer’. The complainant booked I return ticket for travelling onboard Indigo Flight Nos.6E-976 and 6E-613 for the purpose of travel to New Delhi from Chennai and from New Delhi to Chennai respectively pursuant to instructions received from Door Sabha Nigam Limited (“DSNL”) (the employer of the complainant) to attend a meeting in New Delhi with the representatives of BSNL. InterGlobe Aviation Limited endeavors to give best service to its passengers/customers and has the record of best in the country for maintaining the timelines as per the schedules mentioned in the itinerary. However, due to circumstances which are beyound the control of InterGlobe Aviation Limited. There are various situations or criterion, like instructions from the Air Traffic Control, run way clearances, incoming flight delays, weather issues etc. which can cause certain unforeseeable changes in the schedule. The schedule of the flights get affected and InterGlobe Aviation Limited has no control over such change in the schedules. On 28.03.2018 at 22.50 hours, the IndiGo Flight got rescheduled and the flight number was changed to 6E-6976 (“New IndiGo Flight”) on account of operational reasons, which was a circumstance beyond the control of InterGlobe Aviation Limited. The information pertaining to change in the schedule was duly informed to the passengers (including the complainant herein) booked on said Indigo Flight by sending Short Messaging Service (“SMS”) to their registered mobile number provided to InterGlobe Aviation Limited at the time of booking. An SMS was sent at 22:50 hours on 28.03.2018 to the registered mobile number i.e. +919444556878.  The information pertaining to the rescheduling of the IndiGo Flight was successfully communicated and the complainant was duly informed by InterGlobe Aviation Limited. There were a total of 74 number of passengers  travelling on the New IndiGo Flight. It is also submitted that on the date of travel 01.03.2018 74 number of passengers reported on time as per the revised boarding time. It is therefore evident that it was account of the complainants own negligence that the complainant failed to report at the boarding counter as per the stipulated timelines.  The complainant was obligated to report to the boarding gate not later than the time specified by the staff of Inter Globe Aviation Limited during check-in or through any subsequent announcements made at the airport, and in any case 25 minutes prior to the scheduled departure time of the flight.  The online check in was carried out by the complainant on 27.02.2018  at 13.23 hrs. and the flight schedule was revised at 22.50 hrs on 28.02.2018. Accordingly, the SMS of the revised flight schedule was sent at 22.50 hrs on 28.02.2018 which was successfully delivered and thereafter the revised itinerary as attached by the complainant himself was generated. Accordance with the binding provisions of the IndiGo Coc, since the complainant was “No Show”, the amount of money expended by him towards the base fare was forfeited and only statutory taxes i.e. PSF and UDF amounting to Rs.349/- were refunded in accordance with the applicable law to account of the complainant’s online travel company through which the complainant booked his tickets. The present complainant is liable to be dismissed on the ground that the InterGlobe Aviation Limited has acted in strict accordance with the law applicable to the airline industry in India and in consonance with the contract between the complainant and Inter Globe Aviation Limited i.e. the binding terms of the IndiGo CoC and hence are not liable for any deficiency of service.     

3. POINTS FOR CONSIDERATION:

1.Whether there is deficiency in service  on the part of  the opposite parties?

2.Whether  the complainant is entitled for total expenses Rs.4,40195/-  for deficiency in service?

3.To what other reliefs, the complainant is entitled?

04. POINTS NO.1 & 2

          The case of the complainant is that the complainant had booked Air Tickets from the 1^st opposite party through the 2^nd opposite party for a  roundabout  Trip from Chennai to New Delhi on 01.03.2018  The complainant paid a sum of Rs.20,195/- towards the Air Ticket. The departure time of the Flight No.6E-976 from Chennai to New Delhi was 6.30 hours on 01.03.2018  and the boarding time is 5.45 a.m. The complainant arrived the airport at 5.00 a.m. and reached gate No.12 for boarding the flight, but the staff of the 1^st opposite party had intimated to the complainant that the flight had departed at  4.55 a.m.

          05. The opposite parties contended that the complainant booked a ticket for travelling flight No.6E-976  from Chennai to New Delhi on 01.03.2018. On 28.02.2018  at  22.50 hours the Indigo Flight got re-scheduled an account of operational reasons which was beyond the controller of Inter Globe Aviation Limited. The information pertaining to change the schedule was duly informed to the passengers booked on said Indigo Flight by sending SMS to their Registered Mobile Number. There were a total of 74 numbers of passengers travelling on the New Indigo Flight. On 01.03.2018 74 passengers reported on time as per revised boarding time. The complainant on his own negligent failed to report at the boarding counter as per the stipulated time.  There is no negligent on the part of the opposite parties.

          06. It is admitted by both parties that the complainant booked an Air Ticket from 1^st opposite party to travel from Chennai to New Delhi on 01.03.2018 at 6.30 a.m. The Original departure time of the Flight No.6E-976 is 5.45 p.m. But the flight was re-scheduled on 28.03.2018 stating the departure time is 4.45 a.m. The complainant had arrived the airport 5.00 a.m and missed the flight.

          07. The 1^st opposite party  had every right re-scheduled the flight  due to various situation like instruction from the air traffic control, runway clearance, incoming flight delays weather issues etc., which can cause certain enforceable changes in the schedule. Here in this case, the 1^st opposite party re-scheduled the flight timings. In this circumstances it is the duty of the opposite parties to inform the passengers in advance. In  this case original departure time of flight No.6E-976 was  6.30 hours on 01.03.2018.  Now depature time re-scheduled as 4.45 a.m  on 01.03.2018. According to the 1^st opposite party change in the re-scheduled was informed to the passengers on 28.03.2018  22.50 hours to their Registered Mobile Number by sending SMS.  Therefore the 1^st opposite party intimate the re-scheduled time before 6 hours  of departure of the flight.  Further it was intimated to the complainant mobile number at 22.50 hours during late night hours. According to the complainant that the complainant has not received  intimation any regarding changes of timing of the flight by way of SMS. Therefore there is deficiency in service on the part of the 1^st opposite party not intimating the change of scheduled of the flight in advance to the complainant.

          08. The complainant requested the opposite parties to refund the entire amount, but the opposite parties refunded only the statutory taxed amounting to Rs.349/- only. Since the opposite parties have not intimated the re-scheduled time of the flight in advance, the  1^st opposite party liable to refund the ticket amount to the complainant. Therefore, there is deficiency in service on the part of the 1^st opposite party and 1^st opposite party is liable to refund the ticket amount to the complainant with cost of this proceeding. These points are answered accordingly.

09. POINT NO:3

          In the result, this complaint is allowed in part.   The 1^st opposite party is ordered to refund the one way ticket amount to the complainant besides a sum of Rs.3,000/-(Rupees three thousand only) towards cost of this proceedings. With respect to other claims in the compliant and this complaint against  2^nd opposite party is dismissed.

          The above amount shall be paid to the complainant within 2 months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.    

Dictated  by the President to the Assistant taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission  on this the 02^nd   day of February 2022.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF COMPLAINANT:

Ex.A1 dated 01.06.2017                    Appointment order of the complainant

Ex.A2 dated 21.02.2018                   Appointment with BSNL

Ex.A3 dated 01.03.2018          Air ticket for a roundabout trip from New Delhi to Chennai

Ex.A4 dated 01.03.2018          Cancelled Boarding Pass

Ex.A5 dated 01.03.2018          Mail sent by the complainant

Ex.A6 dated 01.03.2018          Reply mail sent by the 1^st opposite party

LIST OF DOOCUMENTS MARKED ON THE SIDE OF 1^st OPPOSITE PARTY:

 

Ex.B1 dated 30.08.2018          Letter of Authorization of Mr.Rahul Kumar along with Board Resolution

Ex.B2 dated 11.08.2006          Certificate of Incorporation of Opposite party No.1

 

Ex.B3 dated 27.02.2018          Screenshot of air ticket booking of the complainant

 

Ex.B4 dated NIL                      IndiGo Conditions of Carriage-Domestic

 

Ex.B5 dated 01.03.2018          Passenger manifest of Indigo Flight providing list of passengers who reported at boarding point

 

Ex.B6 dated 01.03.2018          Screenshot of refund of statutory taxes to the complainant

 

Ex.B7 dated 16.01.2019          Certificate by way of Affidavit under Section 65-B of the Indian Evidence Act 1872.

 

                                                                     

 

MEMBER – I                                                               PRESIDENT