Tripura

West Tripura

CC/76/2016

Sri Somya Bhattacharjee. - Complainant(s)

Versus

Managing Director Spice Jet Ltd. & others. - Opp.Party(s)

Mr.A.L.Saha, Mr.A.Saha, Mr.K.Nandi, Sumi Datta.

07 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 76 of 2016 

Somya Bhattacharjee,
S/O- Late Sushanta Bhattacharjee,
Ramnagar Road No.7, 
Near Alok Sangha Club, 
P.O. Ramnagar, Agartala, 
District- West Tripura,
PIN- 799002.                    ..…..…...Complainant.

          VERSUS

1. Spicejet Ltd. Represented by its 
Managing Director,
319, Udyog Vihar,
Phase -IV, Gurgaon-122016,
Haryana, India.

2. The In-charge,
Spicejet Jet Ltd.,
Airport, Narsingarh,
Agartala, Tripura(W),
PIN- 799009.                    .............Opposite party.

      __________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 Amrit Lal Saha,
                          Sri Kajal Nandi,
                          Smt. Sumi Datta,
                          Advocates.

For the O.P. No.2             : Mr. Pankaj Deb,
                      Representative of Spicejet
                      

        JUDGMENT  DELIVERED  ON:  07.12.2016

J U D G M E N T
          This case arises on the petition filed by Somya  Bhattacharjee. Petitioner's case in short is that he purchased Air ticket in the Spicejet for Rs.6446/- for travelling from Delhi to Agartala on 22.04.16. Accordingly he went to Delhi airport at the boarding time. The departure time was at 5.55 P.M. He collected the boarding pass and after security check-in he went before the Gate  No. 3B. At 5.10 he went to toilet. After 15 minutes he went to gate  but it was closed. He requested to the O.P. Spicejet authority to open the gate but they returned down the request. So, he had to purchase ticket by Indigo air flight for Rs.9220/- and had  to come to Agartala. He suffered because of deficiency of service by Spicejet. So, he claimed Rs.9,220/- along with compensation of Rs.1 lakh.

2.        Spicejet authority appeared filed W.S. denying the claim. It is stated that the petitioner did not appear before the boarding gate before 20 minutes from schedule time of departure. O.P. closed the boarding gate as per terms and direction of DCGA. Complainant reached before the gate 10 minutes before departure. So, he was not allowed to board  the carriage as per rules. O.P. has no deficiency of service and followed the mandatory norms of DGCA. 

3.        On the basis of contention raised by the petitioner and O.P. following points cropped for determination;
        (I) Whether petitioner appeared before the gate in right time?
        (II) Whether the petitioner is entitled to get the compensation as claimed ?
        
4.        Petitioner side produced the air ticket., advocate's notice, boarding pass of Spicejet. Also produced the statement on affidavit of Somya Bhattacharjee. 

5.        O.P. also  examined one witness Pankaj Deb.
        
6.         On the basis of evidence  we shall now determine the above points. 
                
Findings and decision:
        
7.        Petitioner in his statement on affidavit stated that he was waiting for announcement to board  into the flight through the Gate No- 3B. At 5.10 he went to the toilet. But when he returned the staff of the Spicejet stopped him to go through the Gate No. 3B. It was stated that he was 5 minutes late. He was not allowed to board the flight. In the cross examination he stated that he was not aware about the terms and conditions. O.P.W. 1 stated that petitioner did not respond within 20 minutes of calling. 
        
8.        In this case purchasing of ticket , collection of boarding pass all are admitted fact. It is established that petitioner purchased the tickets for performing journey from Delhi to Agartala.  Accordingly he collected the boarding pass. He also went through the security check-in and appeared before the gate. So, he was very serious to avail the journey. But  he was not aware that the gate will be closed 20 minutes before departure. Departure time was 5.55. So, the gate is supposed to close at 5.35. According to the petitioner he went to toilet to attend the natures call and after 10-15 minutes he again went to the gate. On the other hand O.P. stated that he appeared before the gate at 5.45 only 10 minutes before departure. There is no other evidence to support the claim of the petitioner that he appeared before the gate 20 minutes before departure. However, he admitted that he was not aware about this. Terms of the carriage is written in section 55 when the boarding may be denied. Boarding may be denied in case of overbooked (Flight Cancellations) and if the person concern is found under influence of liquor or drugs also absence of adequate travel documents. But in the terms of the carriage it is not written that boarding will be denied if the passenger appear after 20 minutes of time of departure before gate. Here in this case boarding pass was already issued. After taking boarding pass the petitioner had to go to the toilet because of nature's call. Therefore, he might not appear before the gate in time. The DGCA rules is not produced before us. This is safety matters. The petitioner was not aware about it. O.P. Spicejet followed  the DGCA rules strictly. And they had no option but to cancel the boarding pass by following the DGCA rules strictly. But it caused loss to the petitioner. Petitioner had to purchase ticket from the Indigo for Rs.9200/- and had to come to Agartala on the same day after few hours. We consider that due to compelling circumstances he was not in a position to appear before the gate just 20 minutes before departure. For that fault he should not be denied of all facility. On the other hand Spice Jet strictly followed rules & denied boarding. But rules not projected to passenger. 

9.        We therefore, direct Spicejet to pay the price of the flight ticket Rs.9,220/- to the petitioner Rs.1,000/- as cost of litigation. In total Rs.10,220/- we direct Spicejet authority to pay the amount within 2 months. If the amount is not paid within 2 months 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.