Order No. 14 dt. 13/03/2019
The case of the complainant in brief is that the complainant purchased four air tickets in two sheets one in the name of Anadi Bhusan Chakraborti and Ananya Chakraborti and in the other sheet in the name of Kakali Roy and Ankita Roy at a cost of Rs.7042/- each in order to avail the flight no.AI 730 which was scheduled to be departed on 18.7.17 at about 11-45 a.m. The complainant reached Guwahati Airport at about 11-10 a.m. due to traffic jam. After proper scanning the luggage and complying with the formalities the complainant rushed to boarding counter to take boarding pass at about 11-15 a.m. While one passenger viz. Raj Kishore Ram was allowed to avail the boarding pass at about 11-15 a.m. but the boarding pass was not provided to the complainant. The complainant requested the o.p. no.1 to issue the boarding pass, but he was informed that time has been lapsed by 15 minutes. The complainant, thereafter, made several requests, but no fruitful result was achieved for which the complainant had to take alternative arrangement for the journey. The complainant after his return lodged a complaint to Air India office demanding the refund of the amount of Rs.14,084/-, but no effective step was taken for which the complainant filed this case praying for direction upon the o.ps. for refund of the amount of Rs.14,084/- as well as compensation and litigation cost.
In spite of receipt of notice the o.p. no.1 did not contest this case by filing w/v and as such, the case has proceeded ex parte against him.
The o.p. no.2 contested this case by filing w/v and denied all the material allegations of the complainant. It was stated that the complainant has alleged that one boarding pass was provided to one Raj Kishore Ram for the flight no.AI 730 on 18.7.17 at 11-14 hours, the o.p. no.2 stated that Mr. Raj Kishore Ram was a bona fide passenger of flight no.91736 dt.18.7.17 and he reported for check in at 09-47 hours for flight no.91736 and the said passenger was accommodated in the flight no.AI 730 dt.18.7.17, accordingly his boarding pass of flight no.93736 has been exchanged for flight no.AI 730. The complainant has admitted that he rushed to the boarding counter for taking boarding pass at 11-15 hours, but the departure time of the scheduled flight was 11-45 hours. Therefore the complainant was late in arriving at the airport and for having the boarding pass from the counter. All the passengers who had reported at the check in counter for the flight no.AI 730 on that particular date by 11-00 hours were issued boarding passes and after completion of luggage check in and other formalities the check in counter of the said flight was closed at 11-00 hours. The complainant reported at the check in counter of the flight no.AI 730 at 11-15 hours, after the check in counter was closed. The seat capacity of the flight no.AI 730 was 144 passengers, passengers boarded 143+5, one seat was left vacant. Not passenger was denied for boarding. The complainant and his three passengers could not be accommodated since they reported at 11-15 hours after closing the check in counter. Since the complainant was at fault, therefore o.p. no.2 has not committed any deficiency in service and as such, o.p. no.2 prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant was the passenger of the scheduled flight?
- Whether non issuing of the boarding pass to the complainant caused 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 purchased four air tickets in two sheets one in the name of Anadi Bhusan Chakraborti and Ananya Chakraborti and in the other sheet in the name of Kakali Roy and Ankita Roy at a cost of Rs.7042/- each in order to avail the flight no.AI 730 which was scheduled to be departed on 18.7.17 at about 11-45 a.m. The complainant reached Guwahati Airport at about 11-10 a.m. due to traffic jam. After proper scanning the luggage and complying with the formalities the complainant rushed to boarding counter to take boarding pass at about 11-15 a.m. While one passenger viz. Raj Kishore Ram was allowed to avail the boarding pass at about 11-15 a.m. but the boarding pass was not provided to the complainant. The complainant requested the o.p. no.1 to issue the boarding pass, but he was informed that time has been lapsed by 15 minutes. The complainant, thereafter, made several requests, but no fruitful result was achieved for which the complainant had to take alternative arrangement for the journey. The complainant after his return lodged a complaint to Air India office demanding the refund of the amount of Rs.14,084/-, but no effective step was taken for which the complainant filed this case praying for direction upon the o.ps. for refund of the amount of Rs.14,084/- as well as compensation and litigation cost.
Ld. lawyer for the o.p. no.2 argued that the complainant has alleged that one boarding pass was provided to one Raj Kishore Ram for the flight no.AI 730 on 18.7.17 at 11-14 hours, the o.p. no.2 stated that Mr. Raj Kishore Ram was a bona fide passenger of flight no.91736 dt.18.7.17 and he reported for check in at 09-47 hours for flight no.91736 and the said passenger was accommodated in the flight no.AI 730 dt.18.7.17, accordingly his boarding pass of flight no.93736 has been exchanged for flight no.AI 730. The complainant has admitted that he rushed to the boarding counter for taking boarding pass at 11-15 hours, but the departure time of the scheduled flight was 11-45 hours. Therefore the complainant was late in arriving at the airport and for having the boarding pass from the counter. All the passengers who had reported at the check in counter for the flight no.AI 730 on that particular date by 11-00 hours were issued boarding passes and after completion of luggage check in and other formalities the check in counter of the said flight was closed at 11-00 hours. The complainant reported at the check in counter of the flight no.AI 730 at 11-15 hours, after the check in counter was closed. The seat capacity of the flight no.AI 730 was 144 passengers, passengers boarded 143+5, one seat was left vacant. Not passenger was denied for boarding. The complainant and his three passengers could not be accommodated since they reported at 11-15 hours after closing the check in counter. Since the complainant was at fault, therefore o.p. no.2 has not committed any deficiency in service and as such, o.p. no.2 prayed for dismissal of the case.
Considering the submissions of the respective parties it is found from the materials on record that the complainant purchased the tickets in his name as well as in the name of Ananya Chakraborty at a cost of Rs.14,084/-. The time of departure of the flight was scheduled at 11-45 hours on 18.7.17. The complainant has stated that he reached the airport at 11-10 a.m. and he went to have the boarding pass at 11-15 a.m. The o.p. no.2 has stated on the date of departure all the passengers excepting one reported within 11-00 hours and they were provided with the boarding passes and the boarding pass issued to one Raj Kishore Ram was provided since he was not provided with the boarding pass in respect of the earlier flight, but he entered the airport at 09-47 hours. The o.p. no.2 has clearly stated that as per the citizens charter was provided to the passengers by Air India and in the said charter at page 10 in the heading of Domestic Services, it has been categorically stated that for domestic flights the counter closing time is generally 45 minutes before departure of flight. But the complainant has admitted that he reported at the counter at 11-11-15 hours i.e. just half an hour before the time of departure of the flight instead of reaching the airport for availing the boarding pass from the counter before 45 minutes of the departure. Therefore we hold that the complainant himself was at fault and he as fully aware regarding the norms for availing of the boarding pass before entering the scheduled flight. Since the complainant himself was at fault and he failed to reach the airport within the stipulated time and to report at the counter for obtaining boarding pass, therefore we hold that o.ps. did not commit any deficiency in service so far as the boarding pass issued to Raj Kishore Ram is concerned we find that he reported at the airport at 09-47 hours and he was not provided with the boarding pass in respect of the earlier flight, therefore he was provided with the same. whenever it was found that he could be accommodated in the flight which the complainant wanted to avail the same Having regard to the facts and circumstances of the case we hold that there is no deficiency in service on the part of o.ps. and the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.115/2018 is dismissed ex parte against the o.p. no.1 and dismissed on contest against the o.p. no.2 without cost.
