Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund Rs. 11,213/- along with 18% interest.
- To direct the opposite parties to pay Rs. 3,00,000/- ( Rs. Three Lack only ) as Compensation.
- To direct the opposite parties to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that on 19.05.2013 she had purchased E – Air ticket through Goibibo.com from Patna to Kolkatta and from Kolkatta to Port Blair as will appear from annexure – 1. The aforesaid flight from Patna to Kolkatta was scheduled to depart at 8:40 AM on 05.06.2013 from Patna. The complainant arrived at the airport counter about 43 minutes earlier from scheduled departure time and when she presented her ticket to official at the counter she was informed that the counter is closed. She has insisted to the officials of Jet airways that as she is present with her ticket and ID proof at the airport counter about 43 minutes earlier of the departure hence she may be allowed to board but no any suitable reply was given rather she was advised to take another flight of other operator. She tried to persuade authority to let her go as she had pre – arranged important meeting on 05.06.2013 but all her effort went in vain. Thereafter the complainant’s brother sent the E – mail to jet airways on 06.06.2013 and requested to redress the grievance of the complainant. He received the reply to E – mail dated 06.06.2013. The aforesaid copy of the E – mail dated 06.06.2013 has been annexed as annexure – 2 and 3. The complainant’s brother also sent an E – mail to opposite party no. 1 narrating the complainant’s plight to opposite party no. 1 vide annexure – 4 but no reply has been received.
On behalf of opposite party no. 1 and 2 show cause has been filed admitting the booking of the ticket by the complainant.
It has been further asserted that as per guideline which is mentioned in the air ticket also the complainant had to present herself for check in counter and the check in counter period began 2 hrs. prior to departure time and close 40 minutes from the scheduled departure time as will appear from annexure – 1 itself.
In Para – 8 of the show cause the opposite parties have asserted as follows, “that despite of the fact that the check in counter was to be opened 2 hrs. prior to the departure time, the complainant chose not to follow the strict guideline of check in before the deadline time and as the complainant had approached the check in counter at the Patna Airport after the check in counter for the said flight had already closed, and as per CAR guidelines ‘NO SHOW’ was marked as against the complainant and therefore, the concerned staff of the opposite party Airline company had expressed its inability to allow the complainant to be checked in, in violation of the guidelines.”
It has been asserted by the opposite parties that the theory of presenting of the complainant before 43 minutes of the scheduled departure is concocted story and the said has been done in order to create a back ground for filing this case.
It has been further asserted by the opposite parties that from the aforesaid theory of the complainant this fact is clear that she had not presented herself at the check in counter before comfortable time from departure of the plan.
In Para – 18 of the show cause the opposite parties have asserted as follows, “that at this juncture it is stated that out of a sum of Rs. 10,964/- which was the total ticket fare charged by this opposite party, Rs. 8,446/- has been refunded against the ticket of the complainant to the travel agent of the complainant M/s Akbar Travels of India after deducting the penalty as per CAR guideline.”
Heard the learned counsel for the parties and the fact asserted by respective parties in the complaint petition or show cause have been narrated briefly.
No any rejoinder of the show cause filed by the opposite parties has been filed by the complainant.
From bare perusal of annexure – 1 it is crystal clear that as per airline rules the standard check in time begins 2 hrs. from departure and check in counter closes strictly 40 minutes prior to departure.
It is the case of the complainant she presented herself 43 minutes earlier from the schedule of departure of plan. The opposite parties have denied this fact and asserted that the theory of presenting 43 minutes earlier is nothing but concocted story.
However this much is crystal clear that the complainant was not present for check in, in a comfortable time because it is the case of the opposite parties that as she could not present herself 40 minutes earlier of deported time of the aircraft hence she was not allowed to board.
It is needless to say that we are not in a position to decide this disputed fact as to whether complainant presented herself 43 minutes earlier or 40 minutes earlier from the departure of the flight as it might be error of watch.
So far return of amount is concerned it has been asserted that the amount of Rs. 8,446/- has been refunded against ticket of the complainant to the travel agent of the complainant i.e. M/s Akbar travels of India after deducting the penalty as per “CAR” guidelines which has been annexed as annexure – A.
The complainant must have collected the same or may collect the same from travel agent hence no order can be passed about the refunding of the amount of the air ticket to the complainant.
Or the discussion made above we find no deficiency on the part of opposite parties and as such this complaint stands dismissed but without cost.
Member President
