Date of filing:25.07.2019

                                                              Date of Disposal:21.10.2022

BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                               BENGALURU – 560 027.

DATED THIS THE 21^st DAY OF OCTOBER, 2022

CONSUMER COMPLAINT NO.1230/2019

PRESENT:

SRI.RAJU K.S,

SMT.REKHA SAYANNAVAR,:MEMBER

Ms.Bhavani M,

D/o Munidas,

Aged about 44 years,

Residing at No.604,

HMT Layout, R.T.Nagar,

Bangalroe-560 032.……COMPLAINANT

Rep by Sri.D.Vijay Raj, Adv.,

Indigo Airlines,

Represented by its President,

Mr.Aditya Ghosh,

Corporate Office, at Level No.1,

Tower-C, Global Business Park,

Mehrauli, Gurgaon Road,

Gurgaon-122 002.…… OPPOSITE PARTY-1

Indigo Airlines,

Represented by its CEO,

Mr.Rono Joy Dutta,

Corporate Office, at Level No.1,

Tower-C, Global Business Park,

Mehrauli, Gurgaon Road,

Gurgaon-122 002,

Haryana, India.…… OPPOSTE PARATY-2

Indigo Airlines,

Corporate Office, at Level No.1,

Tower-C, Global Business Park,

Mehrauli, Gurgaon Road,

Gurgaon-122 002,

Haryana, India.…… OPPOSTE PARATY-3

Indigo Airlines,

Registered office,

Central Wing, Ground Floor,

Thapar House,

Janpath, New Delhi-110 001.…… OPPOSTE PARATY-4

Indigo Airlines,

Counter No.24,

Kempegowda Airport,

Supervisor/Crew members,

Bengaluru-560 300.…… OPPOSTE PARATY-5

Op no.1 to 5 rep by Sri.Akshay Kumar Jain V. Advocate.

*****

//JUDGEMENT//

BY SRI. RAJU K.S, MEMBER

The complainant has filed this complaint u/s 12 of the Consumer Protection Act-1986 seeking for a direction to the opposite parties to refund of Rs.1,12,061/-.

2. The complainant on 25.04.2019 had booked opposite party company air ticket from Bengaluru to Allahabad/Prayagraj through Clear Trip Travel Agency, in order to meet her aunt residing at Raiberli by paying Rs.5,061/- air fare.  Further the journey ticket for 29.04.2019 was confirmed.  Further on 29.04.2019 the complainant reached BIAL airport at about 10.30 A.M with online boarding pass.  At about 10.40 A.M she dropped her luggage in counter and opposite party officials had checked the baggage and cleared for security checking.  The complainant had reached the gate No.1 at about 10.55 a.m to board the flight which having schedule departure at 13.30 hours.  The complainant was present 2½ hours before schedule departure.  Further, the complainant alleged that at about 11.10 A.M the opposite party no.5 has called out the complainant and informed that they found Power Bank in luggage and asked to take out the Power Bank which was not allowed to carry in luggage for security reasons.  Further, the opposite party no.5 not helped to take out the power bank earliest point of time, all requests of complainant to assist in this regard was not heeded by opposite party no.5 officials. For this reason there was delay about 25 minutes in getting the luggage bag.  For this reason the complainant had reached 13.20 hours after once again security checks and at that time the complainant not allowed to board the flight which was scheduled for departure at 13.30 hours.  Due to negligence attitude of opposite party officials and carelessness the complainant lost her flight and subsequently the request of the complainant for alternative flight to Allahabad/Prayagraj or to lucknow not heeded by opposite party no.5 officials and all her requests was went in to vain.  She had urgency to reach the Raibareli in order to meet her aunt who was ailing from unhealthy and even she also came and waited at Allahabad airport and further the complainant was ready to pay extra fare to alternative flight, but the opposite party did not make any arrangements for alternative flight.  She has to wait 8 hours at airport and with lot of strain, and bearing of Rs.14,654/- extra fare charge reached the Allahabad on next morning.  From this event, the complainant suffered lot of mental agony and lot of expenses.  The complaint made the complainant to the consumer relations of opposite party on 01.05.2019 was not heeded by the opposite party officials and they had not                 co-operated and behaved like robots at the time of the schedule departure on 25.04.2019.  Hence, they have to compensate the complainant and prayed to allow complaint.

3. On the other hand, the opposite parties admitted the flight ticket purchased by complainant and schedule departure and other things.  But opposite parties specifically denied allegations of complaint and contend that due to negligence of the complainant herself untoward event took place.  Further, the opposite parties stated that they informed the complainant and as well as other passengers that what should be carried and what should not be carried in the back of ticket itself and by email to passengers.  As per DGCA rules and for security concerns the power banks are not allowed to carry in luggage bags, but permitted to carry along with hand bags with them.  The opposite parties helped as much as possible on the schedule day of departure to the complainant and the checking process details are not in their hands and the complainant herself refused to travel in alternative flight as suggested by the opposite parties and they are not liable to the complainant and pray for dismissal of complaint.

4. The complainant is examined as PW1 and got marked EX.P1 to P18 documents.  The opposite parties examined as RW1 and got marked EX.R1 to R5 documents. 

5. Both the parties have filed their written arguments.  

       6. The points that would arise for consideration are as under:

i) Whether the opposite parties liable for deficiency of service to the complainant ?

ii) Whether the complainant is entitled to reliefs as sought for in the complaint ?

iii) What order ?

   7.   Our findings on the aforesaid points are as follows:

Point No.1 :  In negative

Point No.2 :  In negative

Point No.3 :  As per the final order for the following;

REASONS

  8. POINT NO.1 & 2:-In this complaint, it is admitted fact that the complainant purchased air ticket from opposite party to travel Bengaluru to Allahabad/Prayagraj on 29.04.2019 by paying Rs.5,061/-.  Further on schedule day departure on 29.04.2019 she reached the BIAL airport at Bengaluru and after securing checks she had waited before the gate No.1 to board the flight.  At that time the opposite party officials called her and asked to take out the power bank which was carried with her luggage.  In that circumstance, lot of inconvenience had caused to the complainant and as a result she lost her flight.  After that the complainant made allegations that the opposite parties officials are not co-operated and acted like robots and even they not obeyed the requests for alternative flight even she was ready to borne extra fare charge.  From this untoward incident she had to spend eight hours in Airport with lot of inconvenience, mental trauma and lot of expenses were borned.  All these in convenience happened due to the attitude of the opposite party staffs.  All these inconvenience situations is occurred due to the complainant carried the power bank in her luggage. 

 9. Now the main question arose before this commission is whether according to DGCA and IATA rules the power bank is not allowed to carry in luggage bags or whether it is a restricted item.  According to the opposite parties, the power bank is not allowed to carry in luggage, but it is permitted to carry in hand bags.  In support of his contention, the opposite parties had filed EX.R2 “The Instruction Manual” in which clearly mentions “Power Banks allowed only in the hand baggage”.  From the above wordings the power banks are not allowed to carry with luggage bag and permitted to carry only in hand baggage.  This fact is intimated to the complainant at the time of confirming the ticket through sms, same is not denied by the complainant. 

10. Being the traveller, the complainant shall have minimum awareness of DGCA, (IATA) International Air Transport Association Rules and Regulations, because air travellers are one of the vulnerable for accidents.  Hence, nothing is wrong in calling the complainant and asked to take out the power bank from the luggage bag.  Because the security checking is in the hands of security agencies (ITBP) who directly handle the security checks.  After their report only the opposite parties have instructed the complainant for removing of power bank.  In the meanwhile, for the inconvenience caused to the complainant, the complainant herself is responsible and she cannot blame the opposite parties in this regard.  Hence, we feel there is no deficiency of service by opposite parties.  Accordingly, we answer point No.1 in negative.

11. POINT NO.2:- In view of the discussions made above and findings on point No.1, the complainant is not entitled for any relief sought.  Accordingly, we answer this point in negative. 

12. POINT NO.3:-  In view of the discussion made above, we proceed to pass the following;

The complaint is dismissed. No order as to cost.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

  (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 21^st day of October, 2022)                                            

• REKHA SAYANNAVAR)  (RAJU K.S)    (SHIVARAMA, K)    

MEMBER MEMBERPRESIDENT

//ANNEXURE//

Witness examined for the complainantss side:

Smt.Bhavani M, the complainant has filed her affidavit.

Documents marked for the complainants side:

1. Air ticket bearing No.FJ81XQ dt.29.04.2019 issued by Clear Trip.
2. Mail communication from clear trip dt.06.05.2019 confirming the booking.
3. The document for having paid Rs.5,061/- towards air ticket cost.
4. The boarding pass (G-mail) dt.12.07.2019 issued to the complainant.
5. Copy of certificate u/s 65(B) of Evidence act.
6. Copy of Legal Notice dt.14.05.2019.
7. Copy of postal receipts.
8. Copy of postal acknowledgement of OP No.5.
9.  Copy of reply of Opposite Party 01.07.2019.
10. Boarding pass.
11. Email dt.01.05.2019.
12. Email Reply of Opposite Party.
13. Another email of Opposite Party dt.25.04.2019.
14. Copy of appeal Memo to Bangalore International Airport.
15. Copy of postal order.
16. Copy of appeal memo.
17. Copy of reply of Bangalore International Airport              dt.12.02.2020.

 Witness examined for the opposite party side: 

Sri.Rahul Kumar, Associate General Counsel of the opposite party company has filed his affidavit.

Documents marked for the Opposite Parties side:

1. Notarized copy of letter of authorization along with resolution cop dt.30.08.2018.

2. Notarized copy of conditions of carriage booking/change and cancellation fees changes dt.01.04.2019.

3. Screen shot reflecting reservation two in number.

4. Notarized copy of passengers can’t carry power banks, electronic cigarettes in checked in baggage.

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA, K)    
•