Tripura

StateCommission

A/9/2020

The Inter Globe Aviation Ltd. - Complainant(s)

Versus

Shri Amlan Shankar Debbarma - Opp.Party(s)

Mr. Sampad Choudhury

12 Jan 2021

ORDER

Tripura State Consumer Disputes Redressal Commission, Agartala.

Case No. A.9.2020

 

1. Inter Globe Aviation Limited,

(Broadly known and distinguished as IndiGo),

having its registered office at Central wing, Ground Floor,

Thapar House, 124, Janpath, New Delhi, Pin: 110001,

(Represented by Managing Director and subject hereof be deemed to mean and include its successors, successors-in-office, legal representatives, executors, Agent, Lawful attorneys and assigns).

 

2. The Airport Manager,

Inter Globe Aviation Limited, IndiGo Airlines,

(Broadly known and distinguished as IndiGo),

having its registered office at Indira Gandhi International Airport,

Domestic Terminal - 7B, New Delhi - 110057, Pin: 110057.

 

3. The Airport Manager,

Inter Globe Aviation Limited, IndiGo Airlines,

(Broadly known and distinguished as IndiGo), 

having its registered office at Maharaja Bir Bikram Manikya Kishore Airport

(the then Agartala Airport), Agartala Domestic and International Airport, 

Civil Airport, P.O. Agartala Airport, P.S. Agartala Airport,

District - West Tripura, Pin: 799009.

All the above named appellants being wrongly impleaded hereinafter referred to as

 

4. Interglobe Aviation Limited,

having its registered office at Chennaiwing Ground Floor, Thapar House,

124, Janpath, New Delhi – 110001 and corporate office at Tower-C, Level 2,

Global Business Park, MG Road, Gurgaon, Haryana – 122002.

[Represented by its authorized person Mr. Rahul Kumar, Associate General Counsel]

… … … … Appellants/Opposite Parties.

Vs

 

1. Shri Amlan Shankar Debbarma,

S/o Shri Bhabani Shankar Debbarma,

Krishnanagar, Thakur Pally Road,

P.S. West Agartala, P.O. Agartala,

District - West Tripura, Pin: 799001.

… … … …  Respondent/Complainant.

 

Present

 

Hon’ble Mr. Justice U.B. Saha

President,

State Commission

 

Dr. Chhanda Bhattacharyya

Member,

State Commission

 

Mr. Kamalendu Bikash Das

Member,

State Commission

 

 

For the Appellants:                                                  Mr. Sampad Choudhury, Adv.

For the Respondent/Complainant:                         Mr. Debabrata De, Adv. and

Mr. Subhendu Bhowmik, Adv.

Date of Hearing & Delivery of Judgment:            12.01.2021.

J U D G M E N T [O R A L]

U.B. Saha, J,

The instant appeal is filed against the judgment dated 07.01.2020 passed by the learned District Consumer Disputes Redressal Forum (hereinafter referred to as District Forum/Commission), West Tripura, Agartala in Case No.C.C.72 of 2018 whereby and whereunder the learned District Forum allowed the complaint petition filed by the complainant i.e. the respondent herein, directing the opposite parties i.e. the appellants herein, to pay Rs.11,231/- being the cost of air fare, Rs.5,620/- as hotel charges and also to pay Rs.10,000/- as compensation for causing mental agony and harassment apart from litigation cost of Rs.5,000/-, in total Rs.31,851/- to the complainant. The payment is to be made within two months from the date of judgment, if not paid; it will carry interest @ 9% per annum till the payment is made in full.

2. Today is fixed for hearing of the case.
3. Heard Mr. Sampad Choudhury, Ld. Counsel appearing on behalf of the appellants (hereinafter referred to as opposite parties) as well as Mr. Debabrata De, Ld. Counsel assisted by Mr. Subhendu Bhowmik, Ld. Counsel appearing for the respondent (hereinafter referred to as complainant).
4. Brief facts needed to be discussed are as follows:-

The complainant is an employee under TSECL. He purchased air tickets for his journey from Delhi to Agartala via Kolkata on 26.03.2018 being Flight Nos.6E-921 and 6E-276 of IndiGo Flights. Accordingly, he reached to the Indira Gandhi National Airport, Delhi at 7.30 am, long before expected time of departure of his Flight No.6E-921. After reporting at the check-in counter and on registration of his baggage he had duly collected two numbers of boarding pass, one for his journey from Delhi to Kolkata and another for his journey from Kolkata to Agartala. He had been also allotted his respective seat in both the Flights. At about 12 noon he reached at the Gate No.7B scheduled for boarding the flight 6E-921. As per the boarding pass, the boarding was scheduled to be at 13.05. The complainant also stated in his complaint petition that in spite of his reaching at the Boarding Gate before time, he was not allowed to board in the flight though there was no announcement was made regarding the change of boarding gate. He frantically searched for IndiGo ground staff to enquire regarding boarding of his scheduled Flight. He was shocked and devastated when one lady ground staff of the IndiGo told him that his baggage was taken to the Flight, but boarding of the Flight No.6E-921 from Delhi has been closed. According to him, the ground staff without showing any reason did not allow him to board the Flight. The complainant asked for refund of the amount incurred by him for purchasing the air ticket, but the IndiGo staff denied to pay a single pie. Finding no other alternative, complainant had to book fresh air ticket for the next day i.e. 27.03.2018 for his journey from Delhi to Agartala in SpiceJet Flight No.SG-263 on payment of Rs.11,231/-. He had to stay in a nearby hotel for the night of 26.03.2018 in Delhi on payment of charges of Rs.5,620/-. Thereafter, on the next morning, he reached to Agartala by the Flight of SpiceJet Airlines.

5. Being aggrieved and dissatisfied with the conduct of the appellants-opposite parties, IndiGo Airlines, the complainant filed a complaint petition before the learned District Forum/Commission claiming an amount of Rs.5 lac as compensation, cost of Air ticket, hotel charges etc. against the opposite parties, IndiGo Airlines.
6. In due course of time, the learned District Forum/Commission issued notices to the opposite parties i.e. the appellants herein. Though the opposite parties appeared through their engaged Counsel, but failed to submit their written objection within the stipulated period i.e. 45 days. Hence, the learned District Forum/Commission by its order dated 28.01.2019 proceeded ex parte against the opposite parties.
7. The complainant examined himself as PW.1 and submitted his examination-in-chief by way of affidavit and submitted 16 documents which were marked as Exhibit.1 series. He was cross-examined by the opposite party side on law point only. 
8. After hearing the parties, the learned District Forum/Commission passed the impugned judgment.
9. Being aggrieved by the judgment of the learned District Forum/Commission, the opposite parties, the appellants herein, have filed the instant appeal.
10. When going through the evidence on record, this Commission has asked some questions particularly, regarding the cancellation of boarding pass issued by the IndiGo Airlines after security checking as well as schedule departure time of the flight and as to when the complainant i.e. the respondent herein, reported the boarding gate as there is nothing found in the impugned judgment. At the midst of hearing, both the Ld. Counsel appearing for the parties have fairly submitted to set aside the impugned judgment and remand the matter to the learned District Forum/Commission to decide the case afresh.
11. In view of the above submission, we are not going to discuss anything regarding the evidence on record. Accordingly, the impugned judgment is set aside and the matter is remanded to the learned District Forum/Commission to decide the case afresh according to law after providing opportunity to the parties to place their respective case.

In the result, the appeal is disposed of. No order as to costs.

Send down the records to the learned District Forum/Commission, West Tripura, Agartala.