Order No. 14 dt. 26/11/2018
The case of the complainant in brief is that the complainant along with six members of his family was travelling from Kolkata to Delhi on 10.3.17 by Indigo Flight No.6E6766. All the passengers were senior citizens and boarding passes were issued by o.p. for those passengers. The mother of the complainant was on wheel chair and she entered through one security gate and other members entered through another security gate. First group entered through one security gate and other group mentioned in serial no.5-7 entered through another security gate. First group mentioned in serial no.1-4 reached the boarding gate in time, but the complainant did not find other group mentioned in serial no.5-7 to board the flight. On enquiry the complainant was told by o.p. that other group members viz. Ratna Roy Chowdhury, Prasanta Sarkar and Manjusree Sarkar were not allowed to board the flight for their late arrival at the boarding gate despite having boarding passes and luggage loaded in the said flight. Under such compelling circumstances those three passengers had to avail the flight for which o.p. charged an amount of Rs.55,284/- as there was no alternative left to them they agreed to pay the charged amount and they reached Delhi on that date i.e. on 10.3.17 to attend the scheduled marriage programme. The complainant brought the entire fact to o.p. and asked for refund of the amount for committing deficiency in service on their part, but o.p. did not pay any heed for which the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.55,284/- as well as compensation and litigation cost.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that as per the record of o.p. the complainant along with six accompanied passengers were booked to travel on 13.3.17 and 15.3.17 from Kolkata to Delhi and Delhi to Kolkata. The complainant was aware regarding the terms and conditions of carriage. Indigo COC were also referred to in the air ticket book for the complainant. As per the terms and conditions of carriage in article 8.2 of Indigo COC whereby the term ‘boarding’ has been mentioned for clarification to the passengers for availing of the said facility. In order to maintain schedules, the boarding gate will be closed 25 minutes prior to the departure time. The customers must be present at the boarding gate not later than the time specified by Indigo when they check in or any subsequent announcement made in the airport. Any customer failing to report at the boarding within the aforesaid time lines shall be treated as ‘gate no show’ and the ticket amount for such booking shall be forfeited by the company. The customers are, however, entitled to refund of the government and airport fees and/or taxes, if applicable. The complainants along with the accompanying passengers were obligated to report to the boarding gates for its flight no later than 25 minutes prior to the schedule time of departure. The complainant along with three passengers reported at the gate at 14-03 hours which was 52 minutes prior to the scheduled time of departure of the flight. Since other passengers did not report at the gate within the scheduled time and the gate had been closed and declared ‘gate no show’, in accordance with the terms and conditions of Indigo COC. It is the exclusive responsibility of the passengers to report at the boarding gates for security and operational reasons of 25 minutes prior to the departure time. The passengers were also offered to accept the fare of Rs.42,024 on the basis of recommendation charges and were accommodated in flight no.6E6516 from Kolkata to Delhi departing on the same day at 19-00 hours. It is the failure on the part of the passengers to report to the boarding gates for their flight cannot be considered to be a deficiency in service on the part of o.p. On the basis of the said fact o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant purchased the tickets for travelling from Kolkata to Delhi?
- Whether some of the passengers failed to avail the flight?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant along with six members of his family was travelling from Kolkata to Delhi on 10.3.17 by Indigo Flight No.6E6766. All the passengers were senior citizens and boarding passes were issued by o.p. for those passengers. The mother of the complainant was on wheel chair and she entered through one security gate and other members entered through another security gate. First group entered through one security gate and other group mentioned in serial no.5-7 entered through another security gate. First group mentioned in serial no.1-4 reached the boarding gate in time, but the complainant did not find other group mentioned in serial no.5-7 to board the flight. On enquiry the complainant was told by o.p. that other group members viz. Ratna Roy Chowdhury, Prasanta Sarkar and Manjusree Sarkar were not allowed to board the flight for their late arrival at the boarding gate despite having boarding passes and luggage loaded in the said flight. Under such compelling circumstances those three passengers had to avail the flight for which o.p. charged an amount of Rs.55,284/- as there was no alternative left to them they agreed to pay the charged amount and they reached Delhi on that date i.e. on 10.3.17 to attend the scheduled marriage programme. The complainant brought the entire fact to o.p. and asked for refund of the amount for committing deficiency in service on their part, but o.p. did not pay any heed for which the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.55,284/- as well as compensation and litigation cost.
Ld. lawyer for the o.p. argued that as per the record of o.p. the complainant along with six accompanied passengers were booked to travel on 13.3.17 and 15.3.17 from Kolkata to Delhi and Delhi to Kolkata. The complainant was aware regarding the terms and conditions of carriage. Indigo COC were also referred to in the air ticket book for the complainant. As per the terms and conditions of carriage in article 8.2 of Indigo COC whereby the term ‘boarding’ has been mentioned for clarification to the passengers for availing of the said facility. In order to maintain schedules, the boarding gate will be closed 25 minutes prior to the departure time. The customers must be present at the boarding gate not later than the time specified by Indigo when they check in or any subsequent announcement made in the airport. Any customer failing to report at the boarding within the aforesaid time lines shall be treated as ‘gate no show’ and the ticket amount for such booking shall be forfeited by the company. The customers are, however, entitled to refund of the government and airport fees and/or taxes, if applicable. The complainants along with the accompanying passengers were obligated to report to the boarding gates for its flight no later than 25 minutes prior to the schedule time of departure. The complainant along with three passengers reported at the gate at 14-03 hours which was 52 minutes prior to the scheduled time of departure of the flight. Since other passengers did not report at the gate within the scheduled time and the gate had been closed and declared ‘gate no show’, in accordance with the terms and conditions of Indigo COC. It is the exclusive responsibility of the passengers to report at the boarding gates for security and operational reasons of 25 minutes prior to the departure time. The passengers were also offered to accept the fare of Rs.42,024 on the basis of recommendation charges and were accommodated in flight no.6E6516 from Kolkata to Delhi departing on the same day at 19-00 hours. It is the failure on the part of the passengers to report to the boarding gates for their flight cannot be considered to be a deficiency in service on the part of o.p. On the basis of the said fact o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant along with six passengers purchased tickets for travelling from Kolkata to Delhi on the scheduled date fixed on 10.3.17. It is undisputed fact that all the passengers reported at the airport within the stipulated time i.e. 2 hours prior to the departure time the passengers arrived at the airport and they also availed the boarding passes. Some of the passengers entered the flight 45 minutes before the departure time. But unfortunately some of the passengers though were present at the airport but they failed to report at the gate of the said flight to enter the flight for which they were not found at the gate and accordingly, they could not avail of the said flight. It appears from the materials on record that the complainant and his family members are all senior citizens and they were going to attend the marriage ceremony of one of their relatives and in spite of having the boarding passes they could not avail the said flight. If the staff of o.p. were vigilant and were sincere to find out the persons, who received the boarding passes from the counter on that date would have detected those passengers and could have sent those passengers at the gate of the flight for boarding. Since the staff of o.p. were negligent in their duties for which those passengers in spite of having the valid tickets and boarding passes could not avail of the said flight. From the materials on record it appears that there was gross negligence on the part of o.p. and o.p. ought to have considered the age of the senior passengers who availed of the boarding passes, but failed to enter the flight they ought to have checked from the attendance of the said flight as to why some seats were lying vacant on spite of having the list of boarding passes issued by o.p. If that would have checked the matter could have been detected and the left out passengers could have been informed and they could have availed the flight. Since there was some dereliction of duties on the part of the staff of o.p. therefore those senior passengers had to suffer and they had to bear the extra expenses of Rs.42,024/- which o.p. must refund to the complainant. In view of the facts and circumstance of the case we hold that there was deficiency in service on the part of o.p. and the complainant will be entitled to get relief. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.372/2017 is allowed on contest with cost against the o.p. The o.p. is directed to refund the amount of Rs.42,024/- (Rupees forty two thousand twenty four) only to the complainant along with compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
