DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 2nd DAY OF DECEMBER, 2024.
PRESENT : SRI. VINAY MENON .V.
: SMT.VIDYA A., MEMBER.
: SRI. KRISHNANKUTTY N.K, MEMBER.
DATE OF FILING: 17.10.2023.
CC/283/2023
1. Abdul Latheef.V.M, - Complainant
S/o.Abdul rahman, Vettukattil House,
Pattambi, Palakkad,
Kerala-679 303.
2. Amina Latheef, W/o.Abdul Latheef, V.M,
Vettukattil House, pattambi,
Palakkad, Kerala-679 303.
(party-in-person)
Vs
1. Prop. Ashraf, Aero World Travels Koottanad, -Opposite Parties
Trithala Road, Kootanad,
Palakkad.
(Ex-parte)
2. General Manager, Air India Ltd,
Air India Building, 113, Gurudwara Rakabgunj Road,
New Delhi.
(By Adv.M/s.Menon & Pai + Adv.Anil)
ORDER
BY SMT.VIDYA A., MEMBER.
1. Pleadings of the complainant in brief:-
Complainants booked two tickets through the 1st opposite party for travelling from Delhi to Cochin in the Air India flight. Their date of travel was on 10.10.2023. The same agent booked 5 more tickets for other five passengers to travel on the same date.
On 10.10.2023, the above 7 people reached at Delhi Airport at 10’O Clock at terminal No.3 and their boarding pass were issued at 4.35 am. The complainants have handed over their luggage for checking and the staff had shifted it to the Air Craft. They reached gate No.34A for the security check up and were standing in the queue for entering the Air craft. The other five persons entered into the Air craft and when the complainants reached the entrance gate, the staff informed them that they have no tickets in this flight and asked them to make arrangements to travel in another flight. The staff behaved in a very rude manner insulting them.
They did not have money to book tickets. Later, they arranged two tickets from Delhi to Cochin via Bangalore in the Indigo Flight which was at 11.45 pm. Because of the act of the staff of the 2nd opposite party, the complainant had time and financial loss. They reached Cochin Airport at 18.25 hours on 10.10.2023. They had spent an additional amount of Rs.12,000/- in buying two tickets in the Indigo Flight and Rs.5,000/- as taxi fare. Further, they have to seek the help of other five passengers to get back their luggage which was in the Air India Flight.
The act of the 2nd opposite party in cancelling the confirmed tickets amounts to deficiency in service on their part. So, the complainant approached this Commission for directing the 2nd opposite party to pay an amount of Rs.1,15,800/- (in total) as compensation for the deficiency in service on their part.
2. After admitting complaint, notices were issued to the opposite parties. Notice was delivered on the 1st opposite party on 28.10.2023; but the 1st opposite party did not appear or file version and was set ex-parte. The 2nd opposite party entered appearance and filed their version.
3. The main contentions raised by the 2nd opposite party in their version is as follows:
The complainants were part of the group of seven passengers, who had booked their travel from DEL to Cok by flight A1-833 on 10.10.2023. The standard time of departure of the flight was 5.35 hours. The complainants had web-checked on 09.10.2023 at 20.08 hours under boarding numbers 87 and 88 respectively. As per records, on 10.10.2023, the group of seven passengers reported late at the check-in counter at 4.54 hours and the flight departing time was 5.35 hours. The 2nd opposite party immediately printed the boarding passes and gave it to the passengers in spite of them being late. Out of the 7, five passengers reached the boarding gate at 5.18 hours and boarded the flight. But the complainants did not report for the boarding till 5:21 hours and hence, they were declared “no show” as per Air line policy. The boarding gates will be closed 20 minutes before the scheduled time of departure. The complainants had approached the boarding gate only at 5:25 hours and by that time, all the commercial activities for departure had been completed. The officers of the 2nd opposite party had explained to the complainants that they could not be permitted to travel since they had shown late to the boarding gate.
They denied the rest of the allegations in the complaint and stated that if at all the complainants had to incur any expenses, it was solely due to their failure to adhere to the Airlines policy and the 2nd opposite party cannot be made liable for that. There was no deficiency in service on their part and the complainants are not entitled to the reliefs sought for in the complaint. Hence, they sought for the dismissal of the complaint with their cost.
4. From the pleadings of the parties, following points were framed for consideration:
1. Whether the complainant were not permitted to travel due to violation of airline policy regarding reporting time?
2. Whether there is any deficiency in service on the part of the opposite parties?
3. Whether the complainant is entitled to the reliefs claimed?
4. Any other reliefs.
5. The 1st complainant filed proof affidavit and Exts.A1 to A8 marked from their side. There was no objection in marking the documents. The 2nd opposite party did not file proof affidavit and their evidence was closed.
6. Point No.1
Complainant’s case is that a group of seven passengers including the complainant and his wife booked tickets to travel from Delhi to Cochin in the Air India Flight on 05.10.2023. Their date of travel was on 10.10.2023 and on that day, they arrived at the terminal No.3 of the Delhi Airport and their boarding pass was issued at 4.35 am with nos.0087 and 0088. Their luggage were checked in and shifted to the aircraft. They reached the gate No.34A for security check up and after checking, the five co-passengers were allowed to get into the aircraft. The complainant’s were standing in the queue and proceeding just behind them. But, when they reached the entrance gate, the officials told that they have no tickets in the flight and asked them to make arrangements to travel in another flight. Later, they booked tickets in the Indigo Airlines via Bangalore to travel to Cochin.
7. Complainant produced 8 documents to prove his case. Ext.A1 is the print out of the tickets of Air India (OP2) through the 1st opposite party. Exts.A2 and A3 are the boarding pass issued by Air India with seat numbers 12E & 12F. In this, they have stamped the seal “cancelled”. Ext.A4 is the print out of the tickets taken by the complainants from Indigo Airline through the 1st opposite party. Exts.A5 to A8 are the boarding pass issued in Indigo Flights for travel from Delhi to Bangalore and Bangalore to Cochin.
8. The 2nd opposite party in their version contended that a group of 7 passengers booked their travel from DEL to Cok by flight A1-833 on 10.10.2023. The standard time for departure of flight was 5:35 hours. The complainants had web-checked in on 09.10.2023 at 20:08 hours under boarding numbers 87 & 88. As per their records, on 10.10.2023, a group of 7 passengers reported late at the check-in-counter at 4:54 hours for the flight departing at 5:35 hours. The 2nd opposite party had immediately printed the boarding passes and gave it to the passengers in spite of them being late. Out of the 7 passengers, 5 passengers approached the boarding gate at 5:18 hours and boarded the flight. The complainants did not report for the boarding till 5:21 hours and hence, they were declared “No show” as per Airline policy. The complainants approached the boarding gate only at 5:25 hours and by that time, all commercial activities for departure had been completed. The boarding gates will be closed 20 minutes before the schedule time of departure. The officers of the 2nd opposite party had explained to the complainant that they could not be permitted to travel since they had shown late to the boarding gate.
9. No evidence has been adduced by the opposite party by way of proof affidavit and documents. Ext.A2 boarding pass issued by the opposite party contains the statement that “The boarding gate will be closed 20 minutes before departure”. No evidence is adduced by the opposite party to show that the complainants reported late in the boarding gate. But considering the fact that out of the group of 7 passengers, 5 passengers were allowed board the Air craft and the complainants could not board indicates that they reported late and they were not allowed to travel as per the airline policy. Point No.1 is decided accordingly.
10. Point Nos.2 to 4
As per the discussion in point No.1, the complainants could not travel in the flight due to late reporting and for this opposite party cannot be blamed. But the 2nd opposite party was silent regarding the Airline policy in case of flight missing even if it is due to the fault of the passengers. In such a situation, whether a duty is cast upon the 2nd opposite party to make alternative arrangements or give any assistance in getting tickets in their next flight is to be find out.
11. The 2nd opposite party had not produced their policy in the event of a passenger missing his flight. Further, the complainant’s luggage were already shifted to the aircraft and they had to get the assistance of the co-passengers to get their luggage. The opposite parties had denied this in their version. Even if a passenger miss a flight due to his own fault of late reporting, the opposite party had to give some sort of assistance in making arrangement to travel in their next flight by charging the extra amount or difference in the amount in the ticket. Here the opposite party is silent about this. The complainants had to arrange their travel by another airline and they have produced the tickets and boarding pass issued by them which is marked in evidence.
12. In the absence of any evidence showing that as per the airline policy, they need not assist the passenger in getting the next available flight or to provide them with basic amenities when the missing of the flight was due to the mistake of the passenger, We are constrained to take a stand which is favourable to the consumer who is a layman.
So, the 2nd opposite party is directed to pay a compensation of Rs.25,000/- for their deficiency in service, Rs.20,000/- for the mental agony and financial loss suffered by the complainant and Rs.5,000/- as cost of litigation. No liability is cast on the 1st opposite party. (No liability cast on the 1st opposite party).
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to pay Rs.500/-as solatium per month or part thereof from the date of the order till the date of final payment.
Pronounced in open court on this the 2nd day of December, 2024.
Sd/-
VINAY MENON .V, PRESIDENT.
Sd/-
VIDYA A., MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Copy of print out of the tickets of Air India (OP2) through the 1st opposite party.
Ext.A2 and 3: Copy of the the boarding pass issued by Air India with seat numbers 12E & 12F.
Ext.A4: Copy of the print out of the tickets taken by the complainants from Indigo Airline through the 1st opposite party.
Ext.A5 to A8: Copy of boarding pass issued in Indigo Flights from travel from Delhi to Bangalore and Bangalore to Cochin.
Document marked from the side of Opposite party: Nil
Document marked from the side of Court: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 5,000/-
Manuscript prepared by me, transcribed by the Confidential Assistant and verified by me.
Dated this the 2nd day of December, 2024.
Sd/-
Vidya A., Member.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.