In the Court of the Calcutta District Forum, Unit-I

CDF-1/Case no.261/2007

Sri Arun Prakash Das,

70, Babubagan Lane, Kolkata-31                                   …...     Complainant

 vs.

M/s. IndiGo (City Office) Landmark,

228A, A.J.C. Bose Road, Kolkata-20                             ….... Opposite party

Present :      Sri A.K. Das,  President

                    Sri L.K. Banerjee, Member

                    Smt. J, Saha,  Member               

Order no.     dt.     .05.2008

            The issue involved in this consumer complaint is whether there was any deficiency in service on the part of the o.p. M/s. IndiGo land Mark in refusing the petitioner having a confirmed ticket to board the flight no.6E 208 from Guahati to Kolkata scheduled for departure at 12-35 p.m. at Guahati and to refund the fare paid for availed flight on Kingfisher flight Rs.5075/-.

            The o.p. has filed their w/v and the complainant has filed their evident supported by affidavit.

            The complainant admittedly did not reach the airport check in counter 30 minutes prior to the scheduled time of departure as mandated by conditions of carriage and the applicable security regulations and thereby he was treated as a no show passenger and denied boarding and he had failed to comply with the legally binding contractual stipulations.

            The complainant reached the airport at about 12-25 p.m. just ten minutes before the scheduled departure due to an accident on transit from Shillong to Guahati. He could not reach airport in proper time as indicated in the ticket. It is submitted by complainant that applicable rules and regulations are always to be followed but exceptional circumstances the services to be provided to the customers are also within the norms of the applicable rules and regulations.

            The forum cannot invoke its jurisdiction of a dispute unless it pertains to deficiency in service. In terms of conditions of carriage customer shall not be entitled to be carried on an IndiGo flight unless in reports customers check in at the airport two hours prior to the departure and it closes thirty minutes prior to the scheduled departure. In order to maintain schedule the boarding gates was closed fifteen minutes before departure time. Thereby o.p. denied boarding of and cancelled the booking of the petitioner as he did not meet the boarding deadlines. In that case petitioner is not entitled to refund of fare or compensation. No case of deficiency in service on the part of o.p. is made out by the petitioner. So present consumer complaint is devoid of merit. No relief could be awarded to the petitioner. The consumer complaint is accordingly dismissed on contest without cost.

            Let copy of this order be supplied to the parties free of cost.

Member                                               Member                                               President