Hon’ble Mr. Sudip Niyogi, President

The fact of the instant case is that the Complainant on 17.12.2017 had booked Air Ticket having PNR No. OF17RX of Spice Jet Airlines for traveling from Kolkata to Bagdogra by Flight No. SG 3287 on 19.12.2017 and the time of departure and arrival was 4.10 P.M. and 5.20 P.M. respectively. On the same day, however, the original departure time was subsequently rescheduled several times which was duly communicated to the Complainant through SMS and also by phone calls. It was first rescheduled at 6.25 P.M. and then 7 P.M. the Complainant also consented to the caller about his readiness to travel. Accordingly the Complainant arrived at the Airport to take the Flight but boarding pass was not issued to him on the ground that the said Flight SG 3287 was over booked.

Complainant is an Advocate by profession and was under compulsion to arrive at Cooch Behar in order to discharge his professional obligations on the next day. The Spice Jet Authority offered another Flight for next day afternoon but he did not agree. Thereafter Complainant somehow travelled by Train in general compartment and came back to Cooch Behar.  Subsequently the Complainant lodged a complaint with the Nodal Officer of the Airlines Authority claiming compensation from them for his harassment but to no effect. The O.P. Company returned the value of this Ticket to the agent from whom the Complainant procured the Air Ticket. Alleging deficiency in service and unfair trade practice against the O.P. the Complainant filed the present praying complaint Rs. 5,000/- towards expenses of car and driver which was engaged to receive him at Bagdogra Airport, Rs. 1 Lakh for mental pain and agony, Rs. 1 Lakh for deficiency in service and Rs. 10,000/- for cost of litigation.

The notice of this case was issued to the O.Ps but they did not appear and contest the case.

So the case was heard ex-parte.

 The Complainant filed his evidence on affidavit and also relevant documents.

The point to be considered is if the Complainant is entitled to the relief(s) as claimed in his petition complaint.

Findings

From the materials on record, it is clear that the Complainant had confirmed Air Ticket of Spice Jet Airlines for travelling from Kolkata to Bagdogra on 19.12.2017 but finally he could not travel by the said Air as he was denied boarding pass. Later the Complainant had to travel by general compartment of a Train to arrive at his destination.

The Complainant in fact did not file any document to show about his journey by Train which he claimed to have undertaken subsequently on that day.

Even if that be so, the denial of boarding pass to a person having a confirmed Ticket for a particular journey for apparently no fault of his, is highly objectionable which shows deficiency in service on the part of the concerned Airlines Authority. So, the Complainant is entitled to have compensation for the hardship faced by him.

The value of the Air Ticket was Rs.4120/- which admittedly was refunded subsequently by the Airlines Authority considering this and other aspects namely subsequent hardship of the Complainant arriving out of the denial of boarding pass by the concerned Airlines Authority, we think a compensation of Rs. 20,000/- in total and another Rs. 3,000/- towards cost of litigation would meet the ends of justice.

Hence,

Ordered

That the instant case is hereby allowed ex parte against the O.Ps. The Complainant is entitled to Rs. 20,000/- as compensation for the O.Ps. He is also entitled to Rs.3,000/- for cost of litigation.

O.Ps are directed to pay the said amount of Rs. 23,000/- to the Complainant within 45 days from the date of this order failing which Complainant shall be at liberty to realize the same in accordance with Law.

If the said amount is not paid within the stipulated time, the entire awarded sum shall carry interest @ of 6% p.a. until realization.

The plain copy of the order be given to the Complainant free of cost.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.