Punjab

Fatehgarh Sahib

RBT/CC/479/2018

Vikram Rewar - Complainant(s)

Versus

Shaheed Bhagat Singh International Airport Mohali - Opp.Party(s)

Mandeep Kumar Dhot

14 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                              COMMISSION

                            FATEHGARH SAHIB

 

RBT No.	:	CC/479/2018
Complaint No.	:	RBT/CC/479 of 2018
Date of Institution	:	25/04/2018
Date of Decision	:	14/07/2023

               

Vikram Rewar, son of Sh.Hans Raj Rewar age 35 years resident of house no.114/5, housefed complex, opposite Bhai8 Daya Singh Ji (C) Hospital, Shaheed Bhagat Singh Nagar, Pakhowal Road, Ludhiana,

                                                                                                        ………....Complainant

                                        Versus

 

1.  Shaheed Bhagat Singh International Airport Mohali,SAS Nagar, thrugh its MD/Director, New Civil Air Terminal, District Mohali, S.A.S. Nagar.
2. Jet Airway (India) having its registered office at S.C.O14-15, Sector 9-D,Chandigarh,through it’s Chairman M.D: Second address Shaheed Bhagat Singh International Airport,Civil Air Terminal, District Mohali, S.A.S Nagar.
3. Travel Systems Limited, L-1, Verna Electronic City, Verna, Salcette, Goa, through its Prop/M.D.

 

                                                                …………..opposite Parties

 

Complaint under Section 12 of Consumer Protection Act 1986(Old)

Quorum

Sh. S.K.Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

Present: None   for complainant.

      Non for OP no.2.

      Complaint against OPs no.1 and 3 not admitted.

 

 

Order by

 

 

MS.SHIVANI  BHARGAVA, MEMBER

 

 

          

 The complaint has been filed against the OPs (opposite parties)  under Section 12 of Consumer Protection Act-1986(old) alleging deficiency in service with the prayer to give directions to the OPs to refund the Airline ticket fair Rs.9,087/- alongwith interest @ 24% P.A , to pay 3156/- towards the expenses incurred on taxi from Chandigarh to Delhi and Rs.3354/- with regard to hotel booking at Bhopal with interest @ 24% P.A, to pay  Rs.4 Lac as compensation  for harassment and  to pay Rs.35,000/- as litigation expenses. 

2.  The brief facts of the complaint are that  complainant is working as  a General Manager  (North) in Rossari Biotech Limited. Complainant booked Air Tickets and  paid Rs.9087/- to OP3. The OP3 booked the air tickets from Jet airway i.e OP2. The  concerned first flight was from the Shaheed Bhagat Singh International Airport Mohali and the departure time of the said flight no.9W2652 was 14:20 hrs from Chandigarh Airport . The subsequent flight no.9W927 of same date departure time was 18:50 hrs  from Indira Gandhi International Airport Delhi to Raja Bhoj Airport at Bhopal. The complainant  reached at  Shaheed Bhagat Singh  International Airport Mohali i.e OP1 to take his flight. OP1issued boarding Pass to the complainant for his  flight to  Delhi. But  he could did not board the flight to Delhi being there on time. The complainant immediately approached the Ops1 and 2 but despite best efforts and genuine requests , complainant was not allowed to check in to the  flight no.9W2652 from Chandigarh Airport to Delhi Airport. Complainant immediately booked a taxi for Rs.3156/- from Chandigarh Airport to Delhi Airport to catch his flight from  Delhi to Bhopal but he missed  his flight  from Delhi to Bhopal  due to the service given by Ops to complainant at the Mohali Airport . The complainant  again booked airline ticket  from Delhi to Bhopal flight  Departure time 5:40 hours .Hence this complaint.
3. Notice of the complaint was given to the OP no.2 through registered Post. OP2 appeared  through his Counsel. OP2 filed  written version. Complaint against OP no.1 and 3 was not admitted vide order dated 11.5.2018.
4. The OP2 contested the complaint and  filed written version raising various legal  objections that   the boarding pass was issued by the OP2.  After the issuance of boarding pass, complainant himself changed his travel plan and accordingly requested that his travel itinerary be changed and he be allowed to travel from Delhi to Bhopal on 5 December 2017 instead of his flight from Chandigarh to Delhi and Delhi to Bhopal on December 4,2017.  His request was accepted and revised itinerary was issued at 1351 hours i.e prior to the departure of Chandigarh –Delhi flight which was scheduled to take of at 1420 hours . The VCR is a system maintained by every airline company which tracks the activity pertaining to the passenger travel including his payment details.  Complainant’s VCR shows that he offloaded himself from Chandigarh Delhi flight  at 1331 hours and got the revised itinerary issued at 1351 hours i.e before the departure of Chandigarh-Delhi flight as per his original ticket. The complainant himself changed his travel plan and got a revised ticket issued. Since as per revised ticket there was no occasion for the complainant  to rush  to Delhi Airport because as per revised ticket , the complainant  had booked ticket from Delhi to Bhopal which was scheduled at 0540 hrs on December 5 and not on the same day.  The complainant went to Alakanda Apartment Block-B, Sector56, Gurgaon and not to Delhi Airport. The complainant himself had changed his travel plan , so the question of giving any  prior notice  to the complainant to board   Chandigarh-Delhi flight simply does not arise. Hence OP no.2 prayed for  dismissal of complaint.
5.   The complainant in support of his complaint produced his affidavit along with documents i.e annexure C1  air ticket , annexure C2 uber bill of Taxi, annexure C3 and 4 boarding passes, annexureC5 bill of Rs.3156/- , C6 annexure itinerary/receipt, annexure C7 voucher.
6.  In rebuttal the OP2 produced the documents along with i.e. annexure OP1 and  annexure  Ex.OP2 virtual coupon and PNR
7. Case had been called several times during the day. Neither the complainant nor the OP2 & any of their representations  appeared on their behalf. Since the complaint pertains to year 2018. Therefore we proceed to decide the complaint on merits on the ground advanced before us by both the parties.
8. Entire record has been perused
9. From the perusal of the record it emerges out that  complainant  himself got cancelled his ticket on 4.12.2017 from Chandigarh to Delhi . He booked ticket for 5.12.2017 from Delhi to Bhopal on 4.12.2017 as per Ex.C6 . More so complainant travelled from Mohali to Gurgaon not to Delhi Airport via taxi as per Ex.C5. Mere allegations levelled by the complainant could not be taken as the gospel truth as he had not produced  any cogent and convincing evidence to  prove his complaint.   
10. As a corollary of our above discussion, we do not find any merit in this complaint  & same is here by dismissed with  no order as to costs. Copy of this order be sent to the complainant and the OPs as per rules. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. File be send back District Consumer Commission Mohali for consignment.

     Pronounced 14 July 2023

                               

                                                   (S. K. Aggarwal)

                                                                 President

                                                                    

    

                                                           (Shivani Bhargava)

                                                                 Member

 

                                                             (Sh. Manjit Singh Bhinder )

                                                                          Member