DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 38 of 2017

 

 

 

     1. Dr. Bikas Roy,

S/O- Late Birendra Ch. Roy,

 

     2. Smt. Santa Roy,

W/O- Dr. Bikas Roy,

 

Residents of Lake Road,

Krishnanagar, 

P.O. Agartala, P.S. West Agartala,

West Tripura. ....…...Complainant.

 

 

 

               VERSUS

 

 

     1. Interglobe Aviation (Indigo) Ltd.,

Represented by the Managing Director,

Central Wing, Ground Floor,

Thapar House, 124, Janpath, 

New Delhi- 110001, India.

 

 

     2. The In-charge,

Indigo Office, 

Agartala Airport,

Narsingarh,

Agartala, Tripura(W). .........Opposite parties.

 

 

      __________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

C  O  U  N  S  E  L

 

For the Complainant : Sri Amritlal Saha,

 Sri Kajal Nandi, 

 Smt. Sudeshna Kar Purkayastha,

 Advocates.

 

For the O.Ps : Sri Koushik Roy,

 Advocate.

 

 

JUDGMENT  DELIVERED  ON:   12.07.2017.

 

 

J U D G M E N T

This case arises on the petition filed by Dr. Bikash Roy U/S 12 of the C.P. Act. 

2. Petitioner's case in short is that on 17.11.16 complainant and his wife both senior citizen  went to Delhi Airport before 2 hours of the boarding time to avail their journey by Indigo Airlines from Delhi Airport to Kolkata. Departure time was 16.45 hours. Boarding pass was issued at about 3 P.M. Thereafter petitioner and his wife went to the enclosure. But there was chaos in the security enclosure. There was long queue in the security gate. Petitioner wanted to get help from the Indigo staffs but no Indigo officials helped him. After security check he went to the gate No.9B for boarding the flight but the officials of Indigo told that they were 5 minutes late. They were to board 25 minutes before departure as there was 5 minutes late they were not allowed to board the flight No- 6E 283. The O.P. Indigo officials did not render any help for purchasing ticket and availing the journey in the next flight. So they purchased new tickets for Rs.13,112/-. As luggage already sent by the Indigo flight after much harassment they reached to Kolkata on 1905 hours in the night by another flight. But with surprise they found that the luggage not reached at Kolkata. In the second flight the luggage was sent and they received the luggage at 11.30 P.M. O.P. did not enquire about condition of the passenger, did not render any help. Petitioner made complaint to the aviation company but no redress given. Therefore for the deficiency of service of 2 senior citizens who have been suffering from diabetes, hypertension filed this case for compensation amounting to Rs.5 lacs. 

3. O.P. Indigo authority and the Agartala Office authority  appeared and filed W.S denying the claim. It is stated that there carriage was governed by the Indigo Condition of Carriage Domestic. E-tickets do not contain complete condition of the carriage. As per terms and conditions check in closes within 45 minutes prior to schedule departure time. The check in will be declared 'No Show' if customer failed. As per  another condition boarding gate will be closed 25 minutes before the departure time. Customer must have to remain present at the present gate not later than the time specified by Indigo. Other wise he shall be treated as ''Gate No Show'' and the ticket amount purchased should be forfeited. Complainant arrived at the gate at 4.38 P.M whereas the boarding gate closes at 4.20 P.M. in accordance with the condition. There was no deficiency of service and petitioner is not entitled to get any compensation.  

4. On the basis of contention raised by the parties following points cropped up for determination:

(I) Whether petitioner violated the terms and condition of the Indigo condition and carriage?

(II) Whether the petitioner was harassed due to non-cooperation of the Indigo staff and entitled to get compensation as claimed?

5. Petitioner side produced the Air ticket, downloaded copy of air ticket, boarding pass, Email copy of the communication, Email sent by the complainant.

Petitioner also produced the statement on affidavit of one witness.

6. O.P. Indigo on the other hand produced the copy of extract of the Board Resolution, Conditions of Carriage Domestic and statement on affidavit of one witness, Navneet Anand, Legal Counsel.

7. On the basis of all these evidence we shall now determine the above points.

Findings and decision:

8. We have gone through the Indigo Condition of Carriage. It is written there that our Boarding Gate closes 30 minutes in case of domestic service and 45 minutes foreign service prior to the schedule departure time. Post which boarding is not allowed.

9. We have also gone through air ticket purchased by the petitioner and the boarding pass issued by the Indigo. Departure time from New Delhi was 16.45 hours, arrival at 19.05 hours. Total Rs.9,242/- was paid for 2 passengers for journey from Delhi to Kolkata. Admittedly boarding pass was issued in favour of the petitioner and his wife. According to O.P. petitioner arrived before the schedule departure time at 4.28 PM. Departure time was 16.45 hours. So before 17 minutes of departure he attended with his wife. Both are senior citizens. They could not complete the security because of the rush there.

10. As per the evidence of the petitioner they wanted to get help of the O.P. officials but the O.P. officials did not render any help. The security person did not allow them to go before the gate before 30 minutes of the departure. It is surprising that the passenger is to go before the boarding counter before 50 minutes or 45 minutes before departure. But only 15 minutes allowed for completion of security to appear before gate. In the security enclosure no Indigo staff or carriage staff were present for easy passing through the security enclosure. Due to rush and long queue petitioner and his wife might not complete the security formalities. 1 hour 45 minutes before departure time boarding pass was handed over. More than 1 hour 20 minutes time taken for passing the security enclosure of the big airport of Delhi. No Indigo person came forward to render help for passing through the security enclosure. Without security pass petitioner and his wife could not go before the gate no- 19 B. petitioner stated that he requested the Indigo staff but no help was rendered. Public announcement not done as Delhi airport is silent zone. It is the duty of the Indigo carriage staff to search the passenger and produce them before the gate before 30 minutes of departure.  There should have been a relaxation of rule for opening gate as petitioner & his wife appeared before the gate 17 minutes before departure but it was not done. Boarding pass means permission to board. It is not conditional. In the boarding or in ticket it is not written that passenger is to appear before gate 30 minutes before departure. Indigo condition of carriage not projected to passengers & this arbitrary action caused harassment to petitioner, a bonafide passenger. So there was no violation. This is clear negligence and deficiency of service of the Indigo. Due to this deficiency of service and negligence both the senior citizens who were above 70 and patients of hypertension and diabetes suffered. Their luggage was inside the carriage. They were in helpless position without luggage. Indigo officials did not help  them. So, they purchased another tickets and came to Kolkata by another flight. It is surprising that they found that their luggage was not sent to their destination. They had to wait up to 11 P.M. at night to get their luggage. This is also another harassment. The Indigo authority was responsible for such plight of this 2 senior citizens. We therefore direct the Indigo authority to pay Rs.13,112/- to the petitioner, the payment they made for availing their journey to Kolkata and also to pay Rs.10,000/- for their sufferings mental agony & Rs.5000/- litigation cost. In total Indigo will have to pay Rs.13,112/- + Rs.10,000/- + Rs.5000/- = Rs.28,112/-. Both the points are decided accordingly.

12. We direct the Indigo Authority, O.P. to pay Rs.13,112/- + Rs.10,000/- + Rs.5000/-, total Rs.28,112/-(Twenty Eight Thousand One Hundred Twelve) to the petitioner for the deficiency of service and negligence. The amount is to be paid within 2 months, if not paid it will carry interest @ 9% P.A.

 

Announced.

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.