ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

This is the Complaint filed by the Complainant U/S Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not allowing the complainant and his co-passengers to board the aircraft as a result he had to book another ticket and suffered loss, for refund of Rs.2,37,352/- along with interest at 18%, for Rs.2,00,000/- towards damages for causing mental harassment, physical sufferance and for other reliefs as the Commission deems fit.

2.      The brief facts of the complaint are that;

The complainant along with four adults and three children in order to have a pleasure trip for five nights and six days from 12.4.2019 to 17.04.2019 booked tickets with OP2 by paying Rs.1,26,980/-  in the flight which was being operated by OP1 from Bangalore to Gowhati and the trip was to start on 12.04.2019.  PNR number was given and the flight was to commence its journey at 6.50 Am., on 12.04.2019.  They were also informed that the baggage drop gate closes 45 minutes prior to departure and the boarding gate closes at 6.25 Am., on 12.04.2019 25 minutes before departure of the flight.

3.      It is contended that by hiring a taxi they went to airport on 12.04.2019 and reached the checking counter at 6 am., obtained the boarding passes and handed over the baggage to the authorities.  After completing the formalities of security check, they reached the boarding gate between 6.20 and 6.25 am. To their shock, they were not allowed to pass through the boarding gate and denied the entry into the flight, though the aircraft was still standing there.  The act of OP men is vexatious, malafide which caused undue hardship and loss. When they were denied the boarding to the aircraft, the matter was taken up with OP1 who promised falsely that they would be adjusted in the next flight, by taking the matter with the superior authorities.  Afterwards, they back tracked from their promise and asked them to book a new ticket or of other airlines and returned the check-in baggage at about 7 am.

4.      It is further contended that the act of OP in restraining them from boarding the aircraft though they were well in time at the boarding gate, amounts to negligence and deficiency in service. There were no announcement made for reporting and informing the departure of the flight. In view of not allowing them to board the aircraft, their boarding passes were also cancelled.

5.      It is further stated in the complaint that the complainant is a senior citizen travelling along with the co-passengers among whom there were three children and they rushed to the eatery which was just in front of the boarding gate, to purchase some eatables and the payment was made at 6.17 am., through credit card and they reached immediately to the boarding gate at 6.25 am., which was well in time. Inspite of it, they were not allowed to enter the aircraft due to which they have to purchase new ticket by paying Rs.3,000/- extra and rescheduling the package and also they had to reschedule the return journey ticket by incurring additional expenses of Rs.34,092/- as a result, they had incurred Rs.1,96,320/- as additional expenditure.  They have suffered lot and also incurred in all Rs.2,37,352/- for rescheduling the entire tour programme.  Though OPs were demanded to compensate the expenditure which they had incurred, they same was not complied, when the notice was issued by giving evasive reply.  The act of OP1 in not allowing them to board the flight though they were well within time and further not refunding the amount of the ticket amounts to deficiency in service and also unfair trade practice and hence prayed to allow the complaint.

6.      Upon the service of notice, OPs did not appear before the Commission and hence placed exparte.

7.      In order to prove the case, complainant has filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

8.     Our answers to the above points are:-

POINT NO.1 & 2      :       In the Negative

                                        For the following.

REASONS

9.     POINT No.1:-

   Perused the complaint, affidavit evidence and the documents produced by the complainant.  It is not in dispute as per the document produced by the complainant, that the complainant booked ticket for himself for his other eight co-passengers to tour to Guwahati, Meghalaya, Shillong, Cherapunji and Kaziranga for 5 nights and 6 days starting from Bangalore on 12.04.2019 to 17.04.2019 by paying amount and booking the tickets through OP2 in respect of the flights being operated by OP1.  The said tickets are confirmed tickets.  As set out in the earlier portion of this order, the complainants were to travel on 12.04.2019 and have to board the aircraft which was to commence its flight at 6.50am., on 12.04.2019.  As could be gathered by the correspondences made, the complainant along with other co-passengers entered the airport and handed over their luggage’s at the luggage counter and obtained the boarding pass.  In the ticket and the boarding pass, it is clearly mentioned that the boarding gates would be closed 25 minutes prior to the take off of the flight.  In this case the flight was scheduled to depart at 6.50 am., and complainant along with co-passengers were bound to be in the boarding gate 25 minutes earlier to it.  Though they have checked in and entered the airport well in time it is their bounden duty to be in the boarding gate before 6.25 am.

        10.   The documents produced by the complainant himself and further in the averment made in the complaint that, since the younger one wanted to eat some eateries they went to the cafeteria near by the entry gate.  The debit card payment made and produced before the Commission clearly shows that they have made payment of Rs.1,939/- at 6.17.27 am. It is not made clear whether this was before the purchase of the eateries and also whether the eateries were taken in the premises of the said cafeteria.  Probably the complainant and his co-passengers purchased the eateries as the payment has to be made in the beginning itself i.e., before taking the food.  After eating the eateries, by the younger once, since according to the complainant there was sufficient time to board the flight, they took it leisurely and approached the boarding gate after 6.25am.  In one of the correspondences dated 30.07.2019 made by the OP 1 in respect of the correspondences made by the complainant, it is clear stated that at 6.34 am, they reported in the gate for boarding the flight which was a belated entry, which prompted staff of OP1 to deny the entry through the gate and thereby the complainants missed the flight.  Their baggage’s though were taken, was returned.  When these facts and circumstances, taken into consideration, we are of the opinion that there is no deficiency in service on the part of the OP1 in denying the entry to the flight as complainant and his co-passengers were late.

        11.   An attempt was also made by this Commission to get the CCTV footage on its own to ascertain as to what had happened exactly and to know at what exact time, the complainants reported at the entry gate.  The airport Manager has filed detailed reply to the notice issued to him by this Commission to produce the CCTV footage on that particular time and date.  The manager of the Bangalore International Airport has clearly stated that as per the guidelines of Additional Commissioner of security, Civil aviation of Beauru of Civil Aviation Security recorded cassettes, footages will be retained for a period of one month to allow the concerned agencies to review the tape, in case of need subject to the permission of the airport security officer. They are bound by the guidelines and directions of the higher authorities.  The said footage is not available and the data after 30 days of recording cannot be retrieve.

        12.   When this is taken into consideration, no useful purpose was served in respect of the attempt made by this forum to know the real facts and to do justice in this matter.  In view of this, we have to hold that the delay in entering the boarding gate is solely due to the act of complainant and his co-passengers and that there is no deficiency in service on the part of the airlines authorities in denying the boarding to aircraft.  Hence we answer point No.1 in the Negative and as a result complainant has to suffer for his negligence.  Hence we answer point No.2 in the Negative and proceed to pass the following;

ORDER

1. Complaint is Dismissed
2. Parties to bear their own cost.
3. Send a copy of this order to both parties free of cost.

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 09^TH Day of OCTOBER 2020)

MEMBER                                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Tour confirmation letter

Ex P2: Copy of the tentative flight details

Ex. P3: Copy of the flight booking confirmation

Ex P4: Boarding pass with baggage checking slips

Ex P5: Copy of the SMS to show that we took coffee and paid the amount in the Tiffin express shop at 06:17:27 hours on 12.04.2019.

Ex P6: Copy of the letter email sent by me to the OP1.

Ex P7: Copy of the rescheduled air tickets

Ex P8: copy of the email correspondence

Ex P9: Copy of the email correspondence

Ex P10: Copy of the receipt for paying the taxi charges.

Ex P11: Copy of the grievance raised by me to the airlines office.

Ex P12: Copy of the legal notice

Ex P13: Postal acknowledgement

Ex P14: Reply given by OP2(2 numbers)

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

NIL

Copies of Documents produced on behalf of Opposite Party/s

NIL

MEMBER                                PRESIDENT