Chandigarh

DF-II

CC/877/2019

Yashoda Dobhal - Complainant(s)

Versus

Indigo Airlines - Opp.Party(s)

In Person

01 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	877 of 2019
Date  of  Institution	:	02.09.2019
Date   of   Decision	:	01.06.2022

 

 

 

 

 

Yashoda Dobhal W/o Sh.Shailender Dobhal, R/o Ho.No.2, Civil Dispensary, Sector 42, Chandigarh.

             …..Complainant

 

Versus

1]  Indigo Airlines (Registered Office CIN: L62100DL2004PLC129768 Central Wing, Ground Floor, Thapar House, 124, Janpath, New Delhi 110001 India.

         Corporate Office: Level 1, Tower C, Global Business Park, Mehrauli Gurgaon Road, Gurgaon 122 002, Haryana, India.

2]  Sonali Joshi Customer Relations, Inter Globe Aviation Limited (Indigo), Level 5, Tower D, Global Business Park, Mehrauli Gurgaon Road, Gurgaon 122 002 India.

    ….. Opposite Parties

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

Argued by  :   Ms.Payal Mehta, Adv. for the complainant along with complainant in person.

 

Sh.Amandeep Singh, Adv. for OPs

 

PER B.M. SHARMA, MEMBER

 

 

         Concisely put, the complainant, a government official, along with her husband working in Indian Air Force, booked Air Ticket of OP Airlines bearing PNR No.OB47SB for to & fro journey from Delhi (India) to Kathmandu (Nepal) on 24.8.2019 by making payment of Rs.22,010/- (Ann.-1).  However, on the date of journey, the Official of OP Airlines denied the said travel despite confirm booking for want of Voter ID Card or Indian Passport, whereas the complainant and her husband had shown their Original Identity Cards issued by U.T. Administration Chandigarh Police as well as Air Force Identity Card of her husband, in original (Ann.A-2).  It is submitted that the complainant requested the OP Officials to allow herself and her husband to travel against the booking and also informed that the presentation of Identity Card issued by Government of India/State Govt./U.T. Administration in India, is a valid document for travel to/from Nepal as per Bureau of Immigration Ministry of Home Affairs, Govt. of India (Ann.R-3), but still the OPs denied the travel to the complainant and her husband despite booking.  Thereafter, the matter was reported to the OP Airlines by sending email on 24.8.2019, which was replied by them vide email dated 27.8.2019 wherein they admitted that that Government ID Card (for Government Officials) for Adults is sufficient proof of identification to travel to Nepal.  It is submitted that the OPs not only remained grossly deficient in their services by denying the travel to complainant despite valid proof but also violated the guidelines issued by Govt. of India on the subject.  Hence, this complaint has been filed.

2]       The OPs No.1 & 2 have filed joint reply and while admitting the factual matrix of the case, stated that it is denied that complainant paid an amount of INR 22010/- for her and Mr.Shailender’s Dobhal’s round trip from Delhi to Kathmandu with InterGlobe Aviation Limited.  It is submitted that the combined tickets of the complainant and one of her accompanying passenger under PNR KBWJ3Y and YFN19C for travel on 24.8.2019 by IndiGo Flight No.6E 33 were for INR 9442/- which were forfeited as per IndiGo CoC due to ‘No Show’ of the Identity Proof by the complainant and her accompanying passenger and hence the entire booking amount was forfeited except the ‘No Show Taxes’ of INR 91 each, refund which was been duly processed on 13.11.2019.  The return tickets of the complainant and her accompanying for travel on 30.8.2019 by IndiGo Flight were for INR 12,568/- which were canceled by the complainant voluntarily and willingly on 25.8.2019 and an amount of INR 5,756/- has duly been refunded to the complainant as per the IndiGo CoC. It is denied that the complainant was carrying her original identity card issued by U.T. Administration, Chandigarh or that her accompanying passenger was carrying his Air Force Identity Card or that either of these documents were duly presented/shown to the staff of OPs at the check-in counter of Delhi Airport on 24.8.2019.  It is submitted that the complainant and her accompanying passenger have failed to provide any documentary proof to evidence that the aforesaid documents were indeed presented by them.  It is further submitted that the complainant and her accompanying passengers had only shown their Aadhaar Cards to the staff of InterGlobe Aviation Limited at the Delhi Airport, which is not a valid document for travel to Nepal as per Govt. Instructions.  It is denied that the complainant and her accompanying passenger shown any other document except Aadhaar Cards which are not valid documents to travel to Nepal by air. Denying all other allegations and pleading no deficiency in service, the OPs have prayed for dismissal of the complaint.

3]       Rejoinder has also been filed by the complainant to the written reply of OPs.

4]       Parties led evidence in support of their contention.

5]       We have heard the ld.Counsel for the Parties and gone through entire documents & evidence on record including written arguments.

6]       The thorough perusal of the documents and evidence on record shows that the complainant Yashoda Dobhal and her husband Mr.Shailender Dobhal were denied boarding in the OP Airlines on 24.08.2019 for travel from New Delhi to Kathmandu, Nepal despite their having confirmed booking.  The OPs are justifying the said denial stating that the said passengers did not show their Identity Proof except Aadhar Cards which are not valid documents to travel to Nepal by air, whereas the complainant stated that they showed their Identity Proof issued by U.T. Administration Chandigarh Policy as well as Air Force Identity Card of her husband in original.

7]        This stand of the OPs did not build any confidence and appears to be an afterthought. The complainant and her husband serving in force i.e. Chandigarh Police and Air Force were certainly having their Identity Proof at the time of travelling.  A Government Official/Officer always used to carry his/her Identity Proof issued by concerned government department.  We do not find any reason that the complainant and her husband serving with government agency/force while traveling to another country did not carry their Identity Proof issued to them. It is common practice to carry Identity Proof/Card by an official serving with any State or Centre Government and in the present case, the complainant knows that she and her husband are traveling to another country so it is hard to believe and there appears to be no reason for the complainant for not carrying their Government Identity Proof/Card.  In our opinion, the OPs must have denied the boarding to the complainant and her husband for some reasons best known to them. Therefore, the deficiency in service on the part of Opposite Parties is clearly established, which not only caused financial loss to the complainants, but also caused them immense harassment & mental agony as their holiday tour has been spoiled.    

8]       Taking into consideration the above discussion & findings, the present complaint of the Complainant is allowed against the Opposite Parties.  The Opposite Parties are directed to pay an amount of Rs.50,000/- to the complainant, which includes the balance cost of air-tickets for to & fro journey of complainant and her husband as well as towards compensation for harassment and mental agony suffered by them due to their deficient act, apart from payment of Rs.7000/- towards litigation expenses.

         The above said order shall be complied with by the Opposite Parties jointly & severally within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay additional cost of Rs.20,000/- apart from the above awarded amount.

9]       The pending applications, if any, also stands disposed off accordingly.    

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                                                             

1^st June, 2022                                                                                                                                                   Sd/- 

(PRITI MALHOTRA)

PRESIDING MEMBER

 

 

Sd/-

 (B.M.SHARMA)

MEMBER