Chandigarh

DF-II

CC/650/2017

Varun Bedi - Complainant(s)

Versus

InterGlobe Aviation Limited (GoIndigo) - Opp.Party(s)

Dhawal Bhandari Adv.

01 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	650/2017
Date of Institution	:	29.08.2017
Date of Decision	:	01/01/2018

 

                                       

                                               

1. Varun Bedi son of Sh.V.P.Bedi,

 

2. Meena Bedi d/o Sh.Ravi Prakash Sahoonja

 

3. Fiza Bedi d/o Sh.Varun Bedi

 

All residents of # 134/1, Sector 45-A, Chandigarh

 

                                ...  Complainant.

Versus

Interglobe Aviation Ltd., (Goindigo) Global Business Park, Gurgaon, Haryana India through its Authorized Representative.

…. Opposite Party.

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

 

Argued by:

Sh.Dhawal Bhandari, Adv. for the complainant

OP exparte.

               

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the complainants booked air tickets on 23 May 2017 on the official website of OP i.e. www.goindigo.in for 16.06.2017 from Chandigarh to Delhi via Flight No.6E455 and from Delhi to Chennai via flight No.6E 443 by paying Rs.22,788/- including Rs.1800/- on account of extra seat fee.  They were also informed vide e-mail dated 25.05.2017 (Annexure C-1) by the OP that all the air tickets having seat Nos.1D, 1E, 1F were booked and their seats were confirmed for 16.06.2017 of the respective flight(s).   However, on 16.06.2017, they were provided some other troublesome, tiresome and inconvenient seats at the backside of the flight.  It has further been averred that due to the fault of the OP, they suffered a lot as they were no other option but to travel by sitting at the backside seats of the flight.   It has further been averred that the main reason for reserving the seats by paying Rs.1800/- extra in advance was to get comfortable legroom due to medical issue of the complainant (Meena Bedi) i.e. renal failure and was dependent on peritoneal dialysis. In the said peritoneal dialysis fluid is filled up in the stomach and the complainant sitting in craped seat with fluid in stomach is not easy. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the instant complaint.
2.         Despite due service through registered post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 04.10.2017.
3.         We have heard the Counsel for the complainant and gone through the documentary evidence on record.
4.         In exparte evidence, the complainant No.1 has tendered his detailed duly sworn affidavit reiterating the averments as made in the complaint.   It is evident from e-mail sent by the OP to the complainants (Annexure C-1) that the complainants got booked the confirmed tickets in the flight of the OP having seats Nos.1D, 1E, 1F.   A perusal of flight boarding passes annexed with the complaint as Annexure C-2 (Colly.) reveals that the complainants had to travel on the troublesome and inconvenient seats i.e.  28A, 28B, 28C instead of the confirmed seats which has certainly caused extreme embarrassment, mental agony and physical harassment to the complainants especially to Smt.Meena Bedi, complainant No.2 who required comfortable legroom owing to her disease of renal failure and was dependent on peritoneal dialysis.  
5.         Further, the evidence led by the complainants has also gone unrebutted and uncontroverted as nobody on behalf of the OP put in appearance to refute the allegations made in the complaint.  It can, thus, be concluded without any hesitation that either they admit the claim of the complainants or have nothing to say in the matter.   
6.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed qua the OP. The OP is directed as under:
   1. To refund Rs.1,800/- charged extra by the OP for booking of the confirmed seats.
   2. To pay Rs.1,500/- to each of the complainants on account of embarrassment, mental agony and physical harassment.
   3. To pay Rs.5,000/- as costs of litigation.
7.         This order shall be complied with by the OP within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay interest @9% per annum on amount as mentioned at sub-para (a) & (b) above from the date of this order till it is paid, apart from paying litigation expenses.
8.          Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

01/01/2018

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER