Sri Ashoke Kumar Pal, Hon’ble President:
The matrix of the instant complaint case in a nutshell is that the complainant received an invitation to attend an International Conference on Blockchain in UAE (Annexure-P/1). The complainant purchased an Indigo Ari Ticket for Rs. 40,466/- for attending the aforesaid conference on 08.12.2021 from Make My Trip (Annexure-P/2). The Inter Globe Aviation Ltd. (Indigo) confirmed the reservation through e-mail dated 08.12.2021 (Annexure-P/3). The complainant booked a journey to Sharjah on 14.12.2021. Indigo accepted the complainant for travel to Sharjah at Netaji Subhas Chandra International Airport, Kolkata. But the complainant was detained at Mumbai and Indigo refused him to support him towards boarding, lodging, travelling and medical. The complainant made a non-refundable payment of Rs. 67,000/- towards hotel booking in Dubai and paid through his bank (Annexure-P/4). The complainant obtained Visa for UAE on 10.11.2021 and prepared himself of all kind to attend the conference including insurance policy (Annexure-P/5 & P/6). After confirmation of the complainant’s air ticket and Visa he was accepted in “ Hyper Verse Abu Dhabi Expo” and received confirmation (Annexure-P/7). Hotel was booked for the complainant for seven nights in Dubai (Annexure-P/8). The complainant was also tested himself for SARS-COV(Covid 19) (Annexure-P/9). On 14.12.2021 at check-in counter, the Indigo officials checked and verified all the documents of the complainant and accepted the complainants’ travel from Kolkata to Sharjah via Mumbai. A boarding pass for Mumbai was issued and the complainant was asked to collect Mumbai-Sharjah boarding pass after getting a RTPCR test at Mumbai airport (Annexure-P/10). The complainant obtained negative RTPCR report at Mumbai airport on payment of Rs. 3,900/- for SARS COV (Covid 19) – ACCULA (Annexure-P/11 & P/12). The complainant was refused at Mumbai airport on the plea that the documents are not in order and there is a mismatch in his passport and visa and the complainant was asked to get a visa afresh and his flight was rescheduled to 16.12.2021 (Annexure-P/13). Subsequently, the complainant was compelled to return back to Kolkata after which he wrote to different authorities on different dates for getting redressal. But as no fruitful result was achieved the complainant filed CC/11/2022 which was subsequently withdrawn on the ground of some defects with a liberty to file afresh and the instant complaint case has been filed subsequently on the reliefs as sought for in the petition of complaint.
O.P. Nos. 1 to 4 and O.P. No. 5 contested the case by this case by filing separate W/V contending inter-alia that the claims of the complainant are all false. The specific case of the O.Ps. are that on 14.12.2021 the complainant boarded the flight at Kolkata and reached at Mumbai Airport. At Mumbai Airport the Immigration Officials observed certain discrepancies in the complainant’s travel documents being mismatch of details in his passport and the visa. There is also mismatch of his date of birth in his old and new passport for which the visa issued on the basis of old passport was cancelled. All these facts were not disclosed by the complainant and neither any passport nor any visa has been placed on record before the Commission for which the instant complaint case is not maintainable for suppression of facts. The Indigo (O.P. Nos. 1 to 4) provided the complainant two days time to rectify his documents and also provided a free move of ticket to 16.12.2021. Consequently on request of the complainant return ticket was issued to him from Mumbai to Kolkata. As the complainant did not posses valid travel documents due to discrepancy as pointed out by the Immigration Department he was not allowed by the Immigration Department of the Government to board the flight from Mumbai to UAE. It was also the case of the O.Ps. that they refunded Rs. 15,284/- to the complainant through the account of third party travel agent and an amount of Rs. 25,182/- saved in the form of credit shell valid for one year to make further reservation through the travel agent. Now the travel agent i.e. O.P. No. 5 is to refund the said amount. It was further contended that the Clause 9.2 of the Indigo COC clearly states that Indigo reserves the right to deny boarding to any customer who is under the influence of alcohol or drugs for health, safety or security reasons or in the absence of adequate travel documents and no compensation shall be payable in such cases. Having refunded the entire amount despite having no obligation and liability to do so; no relief whatsoever could have been claimed against Inter Globe Aviation Limited (Indigo). The complainant went before the Commission in unclean hands with an ulterior motive.
The O.P. No. 5 more specifically contended that the refund process to customer was Rs. 10,335/- on 19.12.2021 vide reference ID 110354028173 and Rs. 25,182/- refunded on 06.02.2022 vide reference ID 110354028173 and Rs. 4,949/- was refunded to my wallet on 19.12.2021 which comes to the total of Rs. 40,466/- after deducting Rs. 1,149/- as convenience fees. There is neither any unfair trade practice nor any deficiency in service on the part of the O.Ps.
The O.P. Nos. 1 to 4 and 5 also denied the other material averments of the petition of complaint para wise and prays for dismissal of the instant complaint case.
Points for Consideration :-
- Is the complainant a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
Decision with Reasons :-
Point No.1:-
On perusal of the case record along with copies of documents available on record, it appears that the complainant paid a considerable amount of Rs. 40,466/- for purchasing flight ticket from Indigo and the O.Ps. acknowledged the same. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, the 1st point is decided in favour of the complainant and against the O.Ps.
Point Nos:2 & 3 :
Both the Point Nos. 2 & 3 are taken up together for consideration for the sake of convenience and as they are interlinked.
The complainant purchased round trip air ticket e.g. Kolkata – Mumbai – UAE – Delhi – Kolkata from Indigo through Make My Trip which has been acknowledged and admitted by the O.Ps. The complainant had to attend an International Conference at UAE. The complainant on 14.12.2021 boarded the flight at Kolkata Airport and reached Mumbai Airport. At Mumbai Airport Immigration Officers denied his boarding pass to avail the flight of Mumbai-UAE as there was discrepancy in the passport and visa of the complainant. This fact was neither disclosed by the complainant nor any copies of relevant papers and documents have been filed by the complainant before the Commission. The reason of denial of boarding pass at Mumbai Airport reflected in the copies of papers and documents filed by the O.Ps. If there is mismatch or discrepancy in the Visa and Passport of the complainant, the Immigration Department of the Government rightly denied the boarding pass of the complainant at Mumbai Airport for going to UAE. There was no wrong on the part of the Immigration Department or Indigo Airlines for denial of boarding pass to the complainant for travelling from Mumbai to UAE. The Immigration Department was also not made party to this case. Therefore, it is clear that the complainant did not come before the Commission with clean hands and material facts are not disclosed in detail. We find neither any deficiency in service nor any negligence and unfair trade practice on the part of the O.Ps.
Apart from the above it is well settled principle that verification of Visa of the complainant en-route under certain suspicious circumstances is bonafide and thereby causing financial loss, harassment and mental torture to the complainant do not amount to deficiency in service and does not entitle the complainant to any relief under the C.P. Act.
The aforesaid view finds support from the decision of the Hon’ble Apex Court, India reported in (2000) 1 SCC 66.
Therefore, considering all aspect and having regard to the documents available on record, we are unable to accept the contention of the complainant.
Thus the Point Nos. 2 & 3 are decided in favour of the O.Ps. and against the complainant.
In the result, the complaint case fails.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant complaint case be and the same is hereby dismissed on contest. Considering the facts as well as nature of the case, we pass no order as to cost.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.in.
Dictated and corrected by me.
President
