Chandigarh

DF-I

CC/132/2018

Group Captain Vinod Jaiswal (Retd) - Complainant(s)

Versus

Indigo Airlines - Opp.Party(s)

In Person

02 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/132/2018
Date of Institution	:	16/03/2018
Date of Decision	:	02/07/2018

 

Group Captain Vinod Jaiswal (Retd), R/o H.No.138, Sector 35-A, Chandigarh – 160022.

....Complainant

V E R S U S

 

Indigo Airlines, Customers Relations, Inter Globe Aviation Limited, Level, Tower-D, Global Business Park, M.G. Road, Gurgaon-122002, Haryana, India.

…… Opposite Party

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	SH.SURESH KUMAR SARDANA	MEMBER

                                                               

ARGUED BY	:	Complainant in person.
	:	OP ex-parte.

                       

PER SURESH KUMAR SARDANA, MEMBER

1.         Group Captain Vinod Jaiswal (Retd.), Complainant has preferred this Consumer Complaint under the Consumer Protection Act, 1986, against the Indigo Airlines (hereinafter called the Opposite Party), alleging that he along with his wife travelled from Bangalore to Chandigarh via Mumbai by Indigo Airlines Flight No. 464 on 27.02.2018. Accordingly, he booked 03 pieces of luggage i.e. one newly purchased Air Bag with a tag of “Fragile” on it, which was badly thrown having mud marks, resulting in tearing its canvas on edges. Handle of Suitcase was broken and Suitcase canvas on edges was torn. The second suitcase was extensively damaged i.e. canvas of its edges were badly torn on three sides, bottom base plate was totally missing and trolley handle could not be pulled out and rendered totally unusable. For the foregoing, the Complainant handed over a Complaint to the Opposite Party, who after dilly dallying the same initially offered a paltry compensation of Rs.200/- to Rs.500/-, but later on, offered to resolve the matter by offering voucher of Rs.1500/-, which was refused by the Complainant. Hence, alleging the aforesaid act and conduct of the Opposite Party as deficiency in service and indulgence into unfair trade practice, the Complainant have preferred the present Complaint.     
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case. However, nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte.
3.         Complainant led evidence.
4.         We have gone through the entire evidence and heard the arguments addressed by the Complainant (Opposite Party being ex-parte). 
5.         In the present circumstances, the averments of the complaint have gone unrebutted in the absence of the Opposite Party who was duly served and preferred neither to appear in person, nor through its Counsel. It is established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large.  The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have resolve the matter by taking into consideration the price of the damaged luggage/ Suit case and the quantum of damaged done to them on account of mishandling and thereafter, to make equitable refund, promptly, which they failed to do and rather propelled this unwarranted, uncalled for litigation upon the Complainant. At any rate, the Opposite Party even did not bother to redress the grievance of the Complainant despite having approached for the same by the Complainant time and again. Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against the Opposite Party.
6.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed. The Opposite Party is directed:-

[a]   To pay Rs.10,000/- as compensation to the complainant for the unfair trade practice and harassment caused to him.

[b]   To also pay a sum of Rs.5,000/- to the complainant as litigation expenses. 

7.         The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, it shall be liable for an interest @12% per annum on the amount mentioned in sub-para [a] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [b]. 
8.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced                                    

02.07.2018

                                 Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER