SMT. RAVI SUSHA : PRESIDENT
This complaint has been filed by the complainant U/S 12 of the Consumer Protection Act 1986 seeking to get a direction to the OPs to refund Rs.134660/- the amount spend for taking new tickets , Rs.1,00,000/- towards compensation for the pain and sufferings and mental agony, Rs.25,000/- towards loss of food items and Rs.10,000/- towards taxi fare together with cost of the proceedings.
In brief , the facts of the case are that:-
The complainant and his family, consisting of 7 passengers, booked tickets through the OP to travel on 27/3/2019,to Qatar from Kannur International air port. The total fare for the tickets were Rs.58420/-. The departure time of the flight was 7.05 p.m. As the complainant and family were entangled in heavy traffic block they reached the airport at 6.p.m. On the way they checked in through online as provided as per the guidelines of the OP. After reaching the airport the staff of the OP prevented the complainant and his family from entering the airport. Although the complainant showed the message showing the online check in, the staff of the OP was not ready to hear the complainant. They informed the complainant that the tickets of the complainant and his family stands cancelled as the complainant failed to report sufficient early. As the complainant has to resume his duty within the prescribed time he took fresh tickets for him and family by spending Rs.1,34,660/- and they went abroad on 30/3/2019. The over expenditure was caused due to the gross negligence and deficiency of service of the OP. Hence filed this complaint.
Notice of the complaint was sent to the OP. After receiving notice, OP entered appearance through counsel and filed version. It is submitted by OP that vide SMS dtd.27/3/2019 complainant was informed and strongly advised to report at the airport at least 4 hours prior to the scheduled time of departure and ensure they are checked-in 75 minutes prior to scheduled time of departure of the Indigo flight. This SMS was successfully received by the complainant on his registered mobile at 12.27 hours on 27/3/2019. But the complainant and accompanying passengers reported to the reservations counter at 1807 hours on 27/3/2019 and further stated that they failed to report to the check in-counter by or before 1750 hrs nor had they web checked in for the Indigo flight , they were declared counter no show. on 3/9/2019,”no show” taxes of 240GAR for passengers booked on PNR No.TNF2FR and 240QAR for passengers booked on PNR No.WBFSSL have been refunded to the account of travel agent of the complainant. It is further submitted that on 27/3/2019 the Indigo flight was scheduled to depart at 1905 hrs. Therefore the complainant and accompanying passengers were advised to report at the check-in counter 4 hours prior to the departure time ie 1505 hrs and in any case, no later than 75 minutes prior to the scheduled time of departure. But due to the own faults of complainant and accompanying passengers, ie latest by 1750 hrs .Despite being fully aware of the check-in timelines by way of the binding terms of the contract between the complainant and Interglobe Aviation Ltd (OP), on account of no fault attributable to OP, purely due to their own faults and negligence failed to report to the checkin counter by or before 1750 hrs or at all. Instead, they reported to the reservation counter at 1807 hours on 27/3/2019. By this time, the check in counter had been closed for over 15 minutes. Hence OP was constrained to declare the complainant and others a “counter no show” and the entire booking amount of complainant and others was liable to be forfeited by OP except the government and statutory taxes. Further stated that completing the check in formalities within the stipulated time lines was the sole responsibility of the passengers and OP cannot be held liable for any hardship alleged had been caused to complainant and accompanying passengers due to their own negligence. It is further submitted that when the complainant and others reported at the reservation counter. OP despite having no obligation to do so, immediately offered to make alternate arrangements for the travel of the complainant on the next available flight to his destination, subject to payment of applicable re- accommodation fee and fare difference, but the same was not accepted by the complainant. It is also mention that OP cannot accept passengers after closure of the checkin counter, on account of operational circumstances and exigencies. It is denied that the complainant reached the airport at 1800 hrs, that the staff of the OP directed the complainant to go to the visitors lounge or wait their. In this regard it is most relevant to mention that the complainant did not report at the check in counter of OP at all and only reported to the reservation counter 15 minutes after the closure of the checkin counter for the OP. It is submitted that there is no deficiency in service on the part of OP and prayed for the dismissal of complaint.
Complainant has filed chief affidavit and documents. He was examined as PW1 and marked Exts.A1 to A6. The legal counsel of OP Mr.Anmol Sood as an authorized person of OP filed his chief affidavit on behalf of OP and submitted documents. He was examined as DW1 and Exts.B1 to B10 marked. Both parties were cross examined for the rival parties. After that the learned counsel of complainant filed written argument note.
The question to be decided is whether there is any deficiency in service on the part of OP? If so what relief can be given to complainant?
We have gone through the material on records brought before us by the parties and have considered the submissions of both parties.
According to OP, it is an admitted position that Airlines cannot maintain their tight flight schedules and perform their larger duty of responsibility and care owned to other passengers who had reported to the check in-counter and boarding gate within the mandated and stipulated time. It is submitted that complainant and accompanying passengers were advised to report at the check-in counter 4 hours prior to the departure time and in any case, no later than 75 minutes prior to the scheduled time of departure. But due to the own faults of complainant and accompanying passengers, they failed to report to the check in-counter by or before 1750 hrs or at all. Instead, they reported to the reservations counter at 1807 hours. By this time, the check in counter had been closed for over 15 minutes. Hence OP was constrained to declare the complainant and others a “counter no show”. Further stated that completing the check in formalities within the stipulated time lines was the sole responsibility of the passengers and OP cannot be held liable for any hardship alleged had been caused to complainant and accompanying passengers due to their own negligence. According to OP just after the incident as alleged in the complaint, OP offered to make alternate arrangements for the travel of the complainant on the next available flight to his destination, subject to payment of applicable re-accommodation fee and fare difference, but the same was not accepted by the complainant. For proving the contentions OP produced Exts.B1 to B10. According to OP, there is no deficiency in service or unfair trade practice on their side and prayed for the dismissal of complaint.
Complainant’s case is that he along with other accompanying passengers reached airport at 6.p.m ie, one hour and 5 minutes before the departure time of the flight ie before the stipulated time of “No show”. But OP staff prevented the complainant and his accompanying passengers from entering into the airport. Complainant submitted that the complainant was troubled due to heavy traffic block and the complainant checked in through on line as provided under the guidelines and reached at 6.p.m at the airport. Though the departure time of the flight was 7.05 p.m and showed the staff of OP about the message about checked in through online, OP’s staff did not allow complainant and others to enter into the airport and informed that check in closed 15 minutes before complainant’s arrival and further cancelled the complainant’s air ticket . Complainant alleged that due to the above said deficiency in service of OP, he had to took fresh ticket for him and his family to travel abroad on the next day and for that he had to spend a total amount of Rs.134660/-. In addition to that for return to his house and to airport he had to spend Rs.10,000/- and further lost Rs.25000/-towards the loss of food items. Complainant claimed that as per Ext.A4 print out showing check-in status, ‘the web check in successful’ and in Ext.A5 online check in requirements he and his family had reached the air port at the stipulated time.
We have duly considered the submissions put forward by both parties and have carefully gone through the materials on record. Ext.A4 printout showing the check in status produced from the side of complainant shows that it is stated that “web check in successful” ‘ you have been checked in successfully. Please collect your boarding pass from air port check in counters after verification of necessary travel documents’. Further Ext.A5 shows “Go air web check in: customers can check in online within 72 hours till 2 hours before the flight departure. After web-check in ,you must report to the airport 45 minutes before departure”.
OP’s main contention is that as per the passenger manifest for the flight Ext.B3 the passengers should report to the check in counter 4 hours prior to the departure time and in any case no later than 75 minutes prior to the scheduled time of departure. It is pertinent to be noted that in Ext.B3 instruction relating to checking-in , shows that check-in closes 45 minutes prior to the scheduled departure of the flight. Further “customers who have booked on our website, it will be automatically checked-in. Other customers can check-in on our website any time up to 1 hour prior to the scheduled departure of the said flight. Further stated that ”failure to complete the check-in formalities within the stipulated time limit would result in forfeiture of the booking amount and the booking would be declared a “No show” and the boarding gate will be closed 25 minutes prior to the departure time. OP admitted that they strictly follow the guide lines of Ext.B3. Then the complainant as per Ext.A4 the complainant has checked –in successfully at 1.08 p.m which was objected by DW1 on the ground that Ext.A4 document does not contain the PNR number or passenger details. According to DW1, hence Ext.A4 cannot be considered as web checked-in details of complainant.
On perusal of Ext.A4 document, we are of the opinion that it pertains to the web checked-in successfully of the complainant as it contains the time of message 1.08 p.m and the date on which print out taken shows 29/3/2019. Hence we are of the view that the objection raised by OP cannot be accepted. Then as per Ext.B3 conditions the complainant and his family must have reported to the airport 45 minutes before the departure and check-in in closes 45 minutes prior to the scheduled departure of the flight. Here there is no dispute that the departure time of the flight was at 7.05 p.m hours. According to complainant they have reached at airport at 6.p.m ie, 1 hour and 5 minutes before the departure time. OP contended that as per Ext.B8, complainant and his family reported to reservation counter at 8.07 p.m. Though complainant had reported at reservation counter at 8.07 p.m as per conditions of carriage, he must have reached to the airport before 45 minutes from the departure time since he had checked in successfully. Hence the denial of entry of complainant and his family into the airport who were holding valid air tickets from Kannur to Doha, amounts to grave deficiency in service on the part of OP. OP contended that after cancellation of the tickets of complainant and others, they immediately offered to make alternate arrangements for the travel of the complainant on the next available flight to their destination subject to payment of applicable re-accommodation fee and fare difference, which was not accepted by complainant. There is no evidence before us to substantiate the above said version of OP.
Hence in view of the above said facts and circumstances of this case, we are of the opinion that complainant is entitled to get relief.
OP has taken a plea that on 3/9/2019,”noshow” taxes of 240GAR for passengers booked on PNR No.TNF2FR and 240QAR for passengers booked on PNR No.WBFSSL have been refunded to the account of travel agent of the complainant(Ext.B9 series). We are of the view that OP ought to have refunded the full amount of the air ticketsRs.58420/- Here complainant failed to produce copy of air tickets or cash receipts for substantiating the averment that complainant and all the accompanying passengers travelled abroad on 30/3/2019 by spending Rs.134660/- and also failed to produce taxi car fare and list and price of lost food items. Any way for the 2nd travel complainant had to spent fare difference.
From the available evidence , we are inclined to allow compensation for the financial loss and mental agony and hardships due to the deficiency in service on the part of opposite party and also the refund the balance amount of air tickets from Ext.B9 amount for the 1st air tickets(Rs.58420/-) since it is pleaded that complainant had spent the entire ticket fare, the awarded amount can be received by the complainant on behalf of other accompanying passengers.
In the result complaint is allowed in part. Opposite party is directed to refund the balance amount of 1st air tickets(Rs.58420/- -Ext.B9 amount). Opposite party is further directed to pay Rs.75000/- towards compensation and Rs.10,000/- as cost to the proceedings of this case to the complainant. Opposite party shall comply the order within one month after receipt of this order. Failing which the awarded amount carries interest @9% per annum from the date of order till realization. Complainant can realize the ordered amount by filing execution application against opposite party as per the provisions of Consumer Protection Act 2019.
Exts:
A1-booking referencedtd.11/2/19
A2-Cash receipts dt.13/2/19
A3-confirmation ticket details dt.27/3/19
A4&A5-Printout showing checking status
B1-Letter of authorization
B2-Certificate of incorporation
B3-Conditions of carriage(COC)
B4-screen shot of Indigo booking details
B5 to B9- screen shot of official records of Indigo Aviation Ltd. Co.
B10- passenger manifest
PW1-Shumaiz Abdul Razack-complainant
DW1-Anmol Sood-witness of OP
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew. Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
