Punjab

Patiala

CC/17/59

Dr. Vipin Bharti - Complainant(s)

Versus

Indigo cargo - Opp.Party(s)

Sh Dhiraj Puri

03 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/59/2017
Date of Institution	:	23.2.2017
Date of Decision	:	3.5.2023

 

 

Dr.Vipin Bharti wife of Sh.Rajinder Paul Bharti resident of H.No.70, Cibia Colony, Opposite Income Tax Colony, Patiala.

 

                                                                   …………...Complainant

                                      Versus

1. Indigo Cargo, Regd. Address: A-252/1, Road-6, National Highway-8, Mahimalpur Extension, Mahimalpur, New Delhi-110037 through its M.D.
2. Your Travel Brothers, SCO No.11, Ist Floor, Opposite Café Coffee Day, Bhupindra Road, Patiala through its Authorized Signatory.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

 

QUORUM

 

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.Dhiraj Puri, counsel for complainant.

                             Sh.Amit Gupta, counsel for OP No.1.

                             Sh.Vinay Sood, counsel for OP No.2.       

 

                                     

 ORDER                                          

1. The instant complaint is filed by Dr.Vipin Bharti (hereinafter referred to as the complainant) against Indigo Cargo and another (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:
3. That the complainant in order to attend the marriage of her relative got booked four return tickets on 9.9.2016 of flight through OP No.2, it being the authorized agent of Thomas Cook in Patiala, from Delhi to Kochi via Chennai for 14.11.2016 through flight No.6E859 and return on 22.11.2016 vide flight No.6E514 and paid Rs.62004/- for this purpose in cash vide booking reference No.H5HRG1 vide numeric booking ID-112815351317. The departure time of the flight was at 8:25am and the checking/bag drop was to be closed at 7:40pm.
4. Complainant alongwith his family started journey from Patiala on 13.11.2016 at 2:00pm and reached Delhi at 8:00pm. The complainant had already web checked in and received online boarding passes. At about 6:30am  complainant alongwith his family reached Airport and immediately lined themselves in the queue of Indogo Flight Counter but it was unpleasant for them when they were disclosed that they cannot get the boarding pass and have to go in some other flight,despite of confirmed bookings.As the further bookings were already confirmed, complainant could not have cancelled the program scheduled and have to pay extra penalty amount of Rs.28154/- for six tickets and have taken another flight No.6E223 departure time 12:20 pm due to deficiency in service on the part of OP No.1.Complainant also felt humiliated. He sent registered notice dated 25.1.2017 to the OPs but they did not pay any heed to his request. Consequently, prayer has been made for the acceptance of complaint.
5. Upon notice, OPs appeared through their respective counsels and filed their written statements having contested the complaint.
6. In the written statement filed by OP No.1, it raised certain preliminary objections. It is submitted that complainant made certain bookings with OP No.1 including for travel on Flight No.6E-859 from Delhi to Kochi which was scheduled to depart at 0825 hrs on 14^th November,2016. The said bookings were made through a travel portal i.e. OP No.2. The said bookings were governed by certain terms and conditions of carriage known as ‘Indigo Conditions of Carriage’ which formed a part of the air tickets and constituted a contractual agreement for air carriage.
7. The booking were only processed after acceptance of the CoC by or on behalf of the complainant. The complainant and his accompanying passengers were to board flight on 14.11.2016 which was to depart at 0825 hrs. but the complainant failed to report at the counter within the stipulated time and the OP denied to issue a boarding pass to the complainant.As a gesture of goodwill OP offered a flight re-accomodation at the applicable charges which was accepted by the complainant and traveled to his destination alongwith his family members.On merits, OP No.1 denied all the averments and prayed for dismissal of complaint.
8. In the written statement filed by OP No.2 it also raised various preliminary objections. On merits, it is admitted that complainant had booked the return tickets through it and the departure time of the flight was 8.25am.After denying all other averments of the complainant, OP No.2 also prayed for dismissal of complaint.
9. In evidence, ld. counsel for the complainant has tendered Ex.CA, affidavit of the complainant, Ex.C1 to C3 copies of tickets, Exs.C4 to C6 boarding passes, Ex.C7 legal notice,Exs.C8 and C9 postal receipts and closed evidence. 
10. On behalf of OP No.1, ld. counsel tendered affidavit of Ms.Aayushi Aggarwal, authorized signatory, Ex.OPA alongwith documents, Exs.OP1 to OP4 and closed evidence.
11. Ld. counsel for OP No.2 has tendered in evidence affidavit of Dapinder Singh, authorized signatory, Ex.OPB and closed evidence.
12. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
13. The complainant had booked four return air tickets for onward travel from Delhi to Kochi and to return from Thiruvananthapuram to Delhi on 22.11.2016,Ex.C1 through OP No.2.The status of the booking was confirmed.The flight from Delhi to Kochi was to started at 3.40AM from Delhi.
14. The version of the complainant that they reached Delhi on 13.11.2016 and stayed in a hotel IBIS to avoid any delay, is not proved by any document as the complainant had failed to produce on record any receipt of travel from Patiala to Delhi, stay in the hotel IBIS or any other document like receipt of toll plaza, railway ticket etc. etc.The  other averment of the complainant is that they had already web checked in and  received their boarding passes online is again not proved as no such boarding pass has been produced by the complainant. The only boarding pass ,Ex.C4 produced by the complainant pertains to Mrs.Vipin Bharti indicating flight No.6E 233 dated 14.11.2016 with time of departure 11:35 from Delhi to Kochi. The boarding passes of other three travelers have not been produced by the complainant on the record.As per the ticket produced by the complainant himself, it was the duty of the complainant to  check in at the airport at least two hours prior to the departure for the domestic sectors.
15. A perusal of the above facts indicates that although the complainant had got the resolution for onward travel from Delhi to Kochi on 14.11.2016 but the one member out of four failed to reach the airport well in time due to which boarding pass could not be issued to the complainant. No such boarding passes in respect of other three travelers  has been produced by the complainant.
16. The allegation of the complainant that two more tickets were booked for Mr.Kabir Bharti and Sumeet Sidhu is not at all relevant to this case. Even the tickets of both other travelers have not been produced by the complainant & the document, Ex.C2 does not indicate that anything like PNP number, file number etc. etc. and has any relevancy to the present case.
17. The perusal of the above indicates that complainant has failed to prove his case. As such, we do not find any merit in the case and the same is hereby dismissed accordingly. Parties are to bear their own costs.  
18.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President