PER: HON’BLE SAMARESH PRASAD CHOWDHURY, PRESIDING MEMBER

            The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the behest of the Opposite Parties to impeach the Final Order dated 22.02.2018 passed by the District Consumer Disputes Redressal Forum, Kolkata, Unit-II (in short, Ld. District Forum) in Consumer Complaint no. 115/2017.  By the impugned order, the Ld. District Forum allowed the complaint lodged by the Respondent Sri Asit Kr. Biswas under Section 12 of the Act on contest with the direction upon the OPs/Appellants to pay Rs.70,335/- for financial loss for missing the flight, Rs.30,000/- as compensation and Rs.5,000/- as litigation cost within 30 days from the date of the order.

          The Respondent herein being Complainant lodged the complaint before the Ld. District Forum asserting that on 18.06.2016 at 6:26 P.M. he had booked flight tickets from Kolkata to Kochi via Hyderabad being Indigo 6E-788 and Indigo 6E-683.  On 10.10.2016 the complainant along with his aged parents arrived at the Kolkata Airport at 4:20 A.M. as the departure of the flight was scheduled at 6:05 A.M.  The complainant has alleged that as there was a single ground staff at the Boarding Counter, it lead to a huge queue and taking notice of the situation on his repeated requests at around 5:50 A.M. one staff was provided and the complainant could receive the boarding pass.  With their luggage along with his family, the complainant rushed for security check up around 6 A.M. and while it was being done for the second time, the flight staff informed him to immediately report to the flight gate. But after completion of entire process, when the complainant reached the boarding gate, it was 6:05 A.M. and hence they missed their flight.  Then the complainant and his family was sent back to the counter and their tickets were stamped cancelled.  Finding no other option, they rebooked their flight by paying an additional amount of Rs.70,335/- through Jet Airways.  The complainant has alleged that due to unethical approach and behaviour of the airline, he has suffered loss in social and professional reputation.  Hence, the complaint with prayer for following reliefs, viz. – (a) to direct the OPs to pay Rs.70,335/- of the ticket which they had purchased from Jet Airways; (b) compensation of Rs.3,00,000/- for harassment and mental agony; (c) cost of litigation of Rs.30,000/- etc.

          The Appellants being Opposite Parties by filing a written version have stated that the complainant booked five air tickets on 18.06.2016 for travel on 10.10.2016 from Kolkata to Kochi via Hyderabad on Indigo Flight No.6E-788 and 6E-683 respectively and the scheduled departure of flight No.6E-788 was 6:05 A.M.  The OPs have stated that the complainant and his accompanying passengers arrived at the Check-in Counter at 5:25 A.M. i.e. five minutes after the closing of the Check-in Counter and the boarding pass was provided to them.  However, they reported the Boarding Gate at 5:51 A.M. precisely 14 minutes before the scheduled departure of the flight.  As a result, Inter-Globe Aviation Ltd. was compelled to treat the complainant and his accompanying passengers as Gate No Show and consequently, they were denied permission to board.  The OPs have stated that there was no deficiency on the part of them.

          On evaluation of the evidence on record, the Ld. District Forum by the impugned order allowed the consumer complaint on contest against the opposite parties/appellants with certain directions, as indicated above.  Being aggrieved and dissatisfied with the said order, the opposite parties have come up in this Commission with the present appeal.

          Mr. Ved Sharma, Ld. Advocate for the Appellants has submitted that the boarding pass was issued as 5:25 A.M. but the respondent and his accompanying passengers reported the boarding gate at 5:51 A.M.  Drawing our attention to the Conditions of Carriage (COC) he has submitted that in accordance with Rule 8.2 the boarding gate is closed 25 minutes prior to the departure time and when the respondent and his accompanying passengers reported the boarding gate just 14 minutes before departure of the flight, no deficiency was there on the part of the appellants.  However, the Ld. District Forum without considering the materials on record passed the impugned order basing upon the statement of respondent that only at about 5:50 A.M. the complainant could receive the boarding pass and awarded the amount.  Therefore, the order being perverse one, liable to be set aside.

          Per contra, Mr. Sabyasachi Chatterjee, Ld. Advocate for the Respondent has placed before us the circular regarding facilities to be provided to passengers by Airlines due to denied boarding, cancellation of flights and delays in flight issued by office of the Director General of Civil Aviation of Govt. of India dated 06.08.2010.  He has submitted that a person who purchase a ticket from his hard earn money will not buy ticket for alternative flight unless he is denied the boarding.  Therefore, according to him, the Ld. District Forum was quite justified in passing the order impugned. 

          We have considered the rival contention of the parties and scrutinised the materials on record.

          Undisputedly, on 18.06.2016 the Respondent booked five air tickets for travel on 10.10.2016 from Kolkata to Kochi via Hyderabad on Indigo Flight No.6E-788 and 6E-683 respectively.  The scheduled time of departure for Flight No.6E-788 was 6:05 A.M.  As per COC, the respondent was advised to report to the Check In Counter two hours prior to the scheduled time of departure of the flight and in any case 45 minutes prior to the same.  In Clause 8.1 of COC it has been categorically mentioned that IndiGo recommends that customer’s report for check-in at least two hours prior to the departure of the scheduled flight and check-in closes 45 minutes prior to the scheduled departure of the flight. 

          The evidence on record speaks that the Respondent and his accompanying passengers arrived at the Check-in Counter at 5:25 A.M. i.e. 5 minutes after the closing of the Check-in Counter.  According to the IndiGo COC, the appellants were entitled to cancel the respondent’s booking.  However, as a goodwill and service gesture, the respondent and his accompanying passengers were provided boarding passes.

          Clause 8.2 of COC provides that in order to maintain schedule, the boarding gate will be closed 25 minutes prior to the departure time.  Admittedly, the respondent and his accompanying passengers could not report the departure gate within 25 minutes from the schedule departure time. 

          The startling fact is that the fact of providing boarding pass at 5:25 A.M. and cancellation of ticket by them at 5:48:35 A.M. have been totally suppressed by the respondent.  In Paragraph-7 of the petition of complaint, the respondent has made a false statement that finally around 5:50 A.M. they received the boarding pass.  The said statement is far away from the recorded statement.  Practically, the Ld. District Forum has relied upon much on the statement made by the respondent and as such observed – “Considering the time of reaching the boarding gate at 6:05 A.M. where the schedule time of the flight was also on 6:05 A.M. and the boarding pass was issued at 5:50 A.M.  ......”.

          The observation of Ld. District Forum appears to be inconsistent with the documentary evidence available on record and it is well known to all that boarding pass of a flight does not issue after 45 minutes before departure of the scheduled flight.  However, considering a good gesture, the boarding pass was provided at 5:25 A.M. which could have been denied after 5:20 A.M. as per COC.

          Evidently, the Respondent has not approached the Ld. District Forum in a clean hand.  In AIR 1994 SC 853 [S.P. Chengalvaraya Naidu (dead) by LRs. – Vs. Jagannath (dead) by LRs & Ors.] the Hon’ble Supreme Court has observed –

      “The Courts of law are meant for imparting justice between the parties.  One who comes to the Court, must come with clean hands.  It can be said without hesitation that a person whose case is based on falsehood has no right to approach the Court.  He can be summarily thrown out at any stage of the litigation”.

      Considering the above, we have no hesitation to hold that the Ld. District Forum has passed the order without application of mind and as such the order being perverse one, it is liable to be set aside.

      In view of the above, the appeal is allowed on contest.  However, there will be no order as to costs.

      The impugned judgement/final order is hereby set aside.

Consequently, CC/115/2017 stands dismissed.

      The Registrar of this Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit-II for information.