DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC – 42  of   2018

 

1. Sri Swapan Saha,

S/O- Late Chintaharan Saha,

Shree Ramkrishna Bhavan,

East Shibnagar, College Road Extension, 

P.O.- Agartala College, Tripura.

 

2. Smt. Uma Saha, 

W/O- Sri Swapan Saha,

Shree Ramkrishna Bhavan,

East Shibnagar, College Road Extension,

P.O.- Agartala, Pin- 799004,

Tripura.

 

3. Shri Sudip Kumar Roy,

S/O- Late Nikunja Behari Roy,

East Shibnagar, Near Udichi Club, 

Agartala, Tripura, 

P.O.- Agartala College- 799004.

 

4. Smt. Jharna Saha Roy,

W/O- Shri Sudip Kumar Roy,

East Shibnagar, Near Udichi Club, 

P.O.- Agartala College,Pin-799004, 

Tripura. …....…..…......Complainants.

 

 

             -VERSUS-

 

 

M/S Interglobe Aviation Ltd.(Indigo),

Represented by its 

President & Whole time Director,

Global Business Park, 

Tower- C, Level-1, Meherauli, 

Gurgaon Road, Gurgaon, 

Pin- 122002, Haryana, India …...............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 : In person.

        

For the Opposite Parties : Smt. Rumela Guha,

  Mr. Dhrubajyoti Saha,

  Advocates.   

 

 

JUDGMENT   DELIVERED   ON:  20.09.2018.

 

J U D G M E N T

This case arises on the petition filed by one Swapan Saha along with 3 others U/S 12 of the Consumer Protection Act. Petitioners case in short is that he purchased Air tickets for journey by Indigo Flight for performing journey from Agartala to Hyderabad via Kolkata. But in the date of departure from Agartala on 08.11.17 flight delayed without any cause. The schedule of journey time changed suddenly. The flight was 2 hours late  and reached at Hyderabad at 2140 hrs and caused much inconvenience to the petitioners. Date of return of journey from Vishakapatnam to Agartala via Kolkata was on 19.11.17. Departure time was 1300 hrs and arrived at Kolkata  at 1445 hrs. Finally the aircraft is to be reached at Agartala on 1705 hrs.  Suddenly on 18.11.17 they came to learn from some other inmates that the flight from Vishakapatnam to Kolkata on19.11.17 was canceled. Indigo authority did not make communication and made no alternative arrangement for their return journey on 19.11.17. So the complainant made contact with the New Travel Point  Agency. And Travel Agency informed them that they could travel  by another flight on 22.11.17. So they had to overstay at Vishakapatnam unnecessarily and paid the hotel cost for the negligence and deficiency of service of the Indigo authority. Complainants made contact with the persons of Indigo, Ms. Tapashi Sarma, Mr. Rahul and Ms. Priyanka and requested them to arrange for return journey on 19.11.17 but  no positive response from them. So they had to stay 4 days unnecessarily and at the time of return journey on 22.11.17 there was delay both in departure time and arrival time. The flight arrived 3 hrs delay at Agartala. The bitter experience they gathered and spoiled the happy journey tour program. So the petitioners claimed compensation Rs.30,000/- for unnecessary  hotel expenses Rs.1 lac for mental agony and Rs.10,000/- for litigation cost. 

2. O.P. appeared but on 3 consecutive dates no written statement filed. Therefore evidence of petitioner was recorded exparte and we decided to give the decision on the exparte evidence recorded.  

Findings and decision:

3. We have gone through the electronic ticket receipts and found that petitioners purchased those tickets and performed their journey on 8th November 2017. Ticket was booked on October 6th 2017 one month back. Without any priority issue the arrival or departure time was changed by Indigo authority causing inconvenience to the petitioner who had to arrive at Hyderabad  at late night. They performed the return journey from Vishakapatnam to Agartala on 22th November 2017 though they purchased ticket on 19th November 2017. All those tickets are produced and from perusal of the tickets  this truth is revealed.

4. We have gone through the deposition of Swapan Saha one of the petitioner authorized representative of other petitioners. He stated that flight was scheduled after 4 days without intimation. He requested the Indigo officials to arrange for return journey on 19.11.17 or 20.11.17. So he had to overstay with 4 family members and spent Rs.30,000/- travel expenses. He faced difficulties in convenience during return journey as flight delayed. 

5. We have gone through the statement and found that actually flight was delayed without any intimation. Flight was rescheduled causing inconvenience and financial loss to the petitioners. Petitioners had to overstay at Vizag unnecessarily and had to pay Rs.30,000/- expenses for 4 members.

6. We therefore consider that petitioners are entitled to get  this Rs.30,000/- they had to spend for the deficiency of service  and negligence of the Indigo authority. Due to reschedule late departure and arrival of the flight petitioners faced many inconvenience. For this deficiency of service petitioner is entitled to get Rs.10,000/-. Petitioners are also entitled to get Rs.5,000/- for litigation cost. In total petitioners are entitled to get Rs.45,000/- for the deficiency of service of Indigo authority. We therefore, direct O.P. Indigo authority to pay the amount to the petitioner 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