IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 19th day of March, 2018
Filed on 26.02.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine. D. (Member)
In
CC/No. 62/2015
between
Complainants:- Opposite parties:-
1. Adv. Nassar. M. Pyngamadom 1. Indigo, Central Wing, Ground Floor
Punnapra P.O. Thapar House, 124, Janpath
Ambalappuzha Taluk New Delhi9 – 110 001, India
Alappuzha – 688 004
2. The Chairman/Managing Director
2. Sri. Abubecker Abdullah Indigo, -do-
Puthen Veedu (By Adv. Joseph. M.D. – for
Palace Ward, Iron Bridge P.O. opposite parties 1 and 2)
Alappuzha – 688 010
(By Adv. T.J. Thulasikrishnan – for complainants) 3. The Manager, Salilam Tours and
Travels, Murikkans Buildings
Near Y.M.C.A., Alappuzha
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The first complainant is an Advocate and 2nd complainant is a business man and relative of first complainant. They booked a return flight tickets from the first opposite party. The said flight was intended for the return journey from New Delhi to Cochin on 16.12.2014 with departure from 1.25 p.m. The total charge of the two tickets purchased was Rs.24,154/-. On December, 2014 the complainants for returning journey from New Delhi to Cochin reported 12.20 p.m. at the domestic Airport, New Delhi. The first opposite party is a company which is running Domestic flight service. The 2nd opposite party is the M.D. of the first opposite party and the 3rd opposite party is the agent o the first opposite party. Therefore the complainants were forced to ravel by train from Delhi to Cochin which took more than two days travel to reach Cochin bearing all the difficulties of the train journey. The late arrival by train of the complainants resulted in heavy financial loss to the complainants. Alleging deficiency in service on the part of the opposite parties, the complaint is filed.
2. The version of the first and 2nd opposite parties are as follows:-
Complainants had reported at 12.59 hours for the flight which was scheduled to depart at 13.25 hours Due to the complainants’ own fault for reporting late at the boarding gate the said ticket was closed as ‘No Show’. It is denied that the complainants arrived in time for their flight. It is further denied that the action of the opposite party was illegal. It is submitted that the complainants arrived at 12.56 hours for the scheduled departure at 13.25 hours when boarding had already closed as per the terms and conditions of the opposite party. The passengers who arrived on time are given boarding according to the conditions of the carriage. As per the clauses under the conditions of carriage if a passenger fails to report 30 minutes prior to the departure of the flight the Airlines does not take any responsibility for the loss suffered thereof. As soon as the ticket was declared a ‘no show’ due to the failure on the part of the complainants to reach on time, an amount of INR 1620/- was refunded to the account of the agency as per the rules of the conditions of carriage. There is no deficiency in service on the part of the opposite parties 1 and 2.
3. The version of the 3rd opposite party is as follows:-
There is no consideration for the alleged transaction between the complainant and this opposite party. It is true that the complainants have booked 2 flight tickets from Delhi to Cochin in the flight service of first and 2nd opposite parties. This opposite party has promptly booked the seats and a confirmed ticket was also issued. Therefore there is no deficiency in service on the part of this opposite party.
This opposite party on receipt of the legal notice enquired about the allegations and it is understood that the complainants have not reported for their journey at the respective counter within the time stipulated solely due to that they were unable to travel in the flight booked above.
4. The first complainant was examined as PW1. Documents produced were marked as Exts. A1 to A6. The authorized officer of the opposite parties 1 and 2 examined as RW1. Documents produced were marked as Exts.B1 to B4. The 3rd opposite party was examined as RW2. As per the order of this Forum, opposite parties 1 and 2 produced true copy of passenger manifest of flight No.6E515 DEL – COK on 16.12.2014 along with affidavit which marked as Ext.C1.
5. The points for consideration are:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) If so the reliefs and costs?
6. It is an admitted fact that complainants have booked two flight tickets from Delhi to Kochi in the flight service of first and 2nd opposite parties. According to the complainants on 16.12.2014 they reported 12.20 p.m. at the domestic Airport at New Delhi and when the complainants turn came up for collecting the boarding pass the office staff of the first opposite party told them that all the seats of the flights are filled and hence complainants could not be issued boarding pass. According to the opposite parties 1 and 2 the complainants reported at the checking counter at 12.59 p.m. for the flight and hence they were treated as ‘no show’ in accordance with the conditions of carriage. Opposite parties produced the true copy of the conditions of carriage and it marked as Ext.B2. As per 7.1. in a clauses, passengers should report 45 minutes prior to the scheduled departure of the flight. They further stated that since the complainants failed to reach within the stipulated take they denied the carriage to the complainants. According to the complainants, they reached within the stipulated time, but the opposite party denied the boarding pass and told them that all the seats of the flight are filled. As per the direction of this Forum opposite party produced the true copy of the passenger manifesto of flight No. 6E 515 DEL – COK on 16.12.2014 ad it marked as Ext.C1. On verifying Ext.C1 it is seen that the ‘no shows’ reported as 3. If a passenger failed to arrive check in counter on time he was treated as ‘no show’ in accordance with the conditions of carriage. In the instant case since ‘no shows’ were reported as 3. Hence the allegations of the complainants that while denying the boarding pass they were told that the flight was filled is not correct. Ext.B3 the PNR screen shot also shows that the complainants reported at 12.59 p.m. The case of the complainants is that they have reached at 12.20 p.m. There is no document or any evidence produced by them to prove that they reached at 12.20 p.m. In the absence of any supporting evidence, we cannot come to the conclusion that the complainants reached on time and the boarding pass denied by the opposite party knowingly. Hence there is no defect or deficiency in service on the part of the opposite parties 1 and 2. However as per clause 4.2 of Ext.B2 the conditions of carriage if the customer does not check in for a flight at least 45 minutes to its scheduled departure time, the customers are entitled to a refund of Government and Airport fees and / or taxes. In the instant case no evidence adduced by opposite parties 1 to 3 to prove that they refunded the said amount to the complainants. Hence complainants are entitled to a refund of Government and Airport fees and / or taxes.
In the result complaint is partly allowed. Opposite parties 1 to 3 are directed to refund the amount of Rs.1670/- with 9% interest from 16.12.2014 till realization to the complainants. They are further directed to pay Rs.1000/- (Rupees one thousand only) towards compensation and Rs.1000/- (Rupees one thousand only) towards costs of this proceedings to the complainant.
Dictated to the Confidential Assistant transcribed by him corrected by me and pronounced in open Forum on this the 19th day of March, 2018.
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Sd/-Smt. Jasmine. D. (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Nassar. M. Pyngamadom (Witness)
Ext.A1 - True copy of the E Ticket – booking date : 9.12.2014
Ext.A2 - True copy of the Airline e-ticket
Ext.A3 - Tue copy of the certificate of registration
Ext.A4 - Copy of the Form ‘C’ - duplicate
Ext.A5 - Copy of the enrollment certificate
Ext.A6 - Copy of the Form No. 1
Ext.C1 - Copy of the certificate u/s 65B, Evidence Act
Evidence of the opposite parties:-
RW1 - Sinish. C.S. (Witness)
RW2 - Kannan T.P. (Witness)
Ext.B1 - True copy of the letter of authority
Ext.B2 - Copy of the definitions
Ext.B3 - Copy of the e-mail dated 9.12.2014
Ext.B4 - Copy of the e-mail dated 16.12.2014
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F
Typed by:- Br/-
Compared by:-
