DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC-   35   of   2017

 

 

Smt. Kalpana Rani Debbarma,

W/O- Sri Swadesh Debbarma,

 

Sri Swadesh Debbarma,

S/O- Lt. Jagadish Debbarma,

 

Master Albish Debbarma,

S/O- Sri Swadesh Debbarma,

 

Master Alex Debbarma,

S/O- Sri Swadesh Debbarma,

 

All are residents of 

Near Nazir Pukur Par,

Agartala, West Tripura. …..….…...Complainant.

 

 

             VERSUS

 

 

     1. The Branch Manager,

Indigo Airlines, Kolkata,

Netaji Subhash Chandra Bose(Domestic)

Damdam, Kolkata,

P.O. Damdam,

West Bengal.

 

     2. The Branch Manager,

Indigo Airlines, Agartala Airport,

P.O. Airport,

P.S. Airport,

West Tripura. ..........Opposite parties.

 

   

      __________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

 

 

C O U N S E L

 

 

For the Complainant : Sri Anjan Kanti Pal,

 Advocate.

 

For the O.P. : Sri Koushik Roy,

 Advocate.

 

 

 

JUDGMENT  DELIVERED  ON:  22.08.017.

 

J U D G M E N T  

This case arises on the petition filed by one Kalpana Rani Debbarma and 3 other family members of the complainant. Petitioner's case in short is that on 08.01.17 they were scheduled to come Agartala from Kolkata by flight No. 6E  861 of Indigo Airlines. They attended the reception counter in time and boarding pass was issued in favour of all petitioners. But the Indigo Airlines did not allow to board the carriage flight and left the airport without taking them inside the aircraft. Petitioner complained to the authority. The authority took away the boarding pass from the complainant and did not arrange any other flight for their journey to Agartala. No flight was available that day and they had to stay at Kolkata in a hotel. On 10.01.17 complainants came to Agartala by the flight of the Indigo Airlines and they had to pay high the fare again. For the deficiency of service petitioner and her family members suffered a lot and she claimed the price of Air tickets Rs.16,432/-, two days salary, hotel expenditure and Rs.3 lacs for mental agony and sufferings.

 

2. Opposite Parties Indigo airlines authority submitted written statement denying the claim. It is stated that the condition of the carriage was violated by the petitioner. There is a contractual relation between the complainant and the Indigo airlines. The O.P. advised to customer to report 2 hours prior to the departure for check-in formalities. The boarding will be closed 45 minutes prior to the departure time. Complainant failed to arrive before the boarding time though boarding pass was issued on special consideration by the O.P. Repeated announcement was made and thereafter the door was closed. As the complainant violated the terms and conditions therefore she is not entitled to get any compensation.

3. On the basis of contention raised by both the parties following points cropped up for determination:

(I) Whether the petitioner violated the terms and condition laid down by the Indigo authority condition of carriage?

(II) Whether the petitioner is entitled to get compensation and other claim as stated?

 

4. Petitioner produced the copy of airtickets, salary certificate, copy of Advocate's Notice, Hotel bill, paper publication. Also statement on affidavit of Kalpana Rani Debbarma.

5. O.P. on the other hand produced  the certified copy of the resolution  of Indigo, conditions of carriage. 

6. On the basis of all the evidence we shall now determine the above points.

Findings and decision:

7. We have gone through the condition of carriage as produced by the O.P. In 8.2 Clause  it is mentioned that ''In order to maintain schedules, the boarding gate will be closed 25 minutes prior to the departure time. The customers must be present at the boarding gate not later than the time specified by Indigo when they check in or any subsequent announcement made at the airport. Any  customer failing to report at the boarding within the aforesaid timelines shall be treated as 'Gate No show' and the ticket amount for such Booking shall be forfeited by the company. The Customers are, however entitled to a refund of the government and airport fees and or taxes (if applicable). '' On the plain reading of the Clause it is clear that the customer is to remain present before the boarding gate not later than the time specified when the check in. Check in counter will be closed 45 minutes before departure. In case of website check-in which is available 1 hour prior to schedule departure of the flight customer is to report. In the condition of carriage nothing written about the security check done there. However, in Clause 8.2 it is written that subsequent announcements may be made at the airport. There is provision for subsequent announcement after lapse of 25 minutes as per schedule.

 

8. Petitioner Kalpana Debbarma in her statement on affidavit stated that she arrived at the airport check in counter in time. Luggage was checked and all formalities done. When she was left in the airport she tried to make complain with the Indigo Authority there. But the Indigo authority did not accept her complaint. In the cross-examination she stated that she reached at the Airport in the right time. She stated that after boarding luggage was taken by the staff but there after they saw the luggage left in the counter. 

We have gone through the E-tickets issued in favour of petitioner and her family members. Departure time was 8.45 hrs. so she reached at the counter at 7.35 hrs. 1 hour 10 minutes before the departure time. Admittedly boarding pas was issued in her favour. She could not produce the boarding pass as the same was taken away by the Indigo staff. Indigo authority also did not produce the boarding pass but admitted  that the same was issued by the Indigo authority. In the boarding pass or E-tickets nothing written to support that the customer is to attend before the gate 25 minutes prior to departure. It is only written that  check in begins 2 hours prior to the flight for seat assignment and closes 45 minutes prior to the scheduled departure. Nothing written in the ticket to support that customer is to appear before the gate 25 minutes prior to departure. In the boarding  pass also nothing written to show that the customer is to appear before the gate 25 minutes prior to departure. No evidence produced by the O.P. to support that subsequent announcement was made for appearing before the gate.  There is no evidence in this case to show that any assistance was provided to the petitioners by Indigo staff for attending through the gate in time. Sometime there may be delay in the security enclosure. In that case the staff of the concerned flight should render help to the customer but it was not done. Even the complaint was not taken by the Indigo staff or authority. No arrangement made by the Indigo staff or authority for comfortable coming of the petitioners to Agartala with 2 children. The women was left in a helpless position in the airport. She had to stay in the hotel  and after 2 days halt at Kolkata she had to come to Agartala by another flight on payment of full fare. There is nothing in the evidence to support that the Indigo authority projected before her that she was to appear before the gate 25 minutes prior to departure of the flight. Nothing produced to support that Indigo authority projected the copies of condition of carriage in the airport counter for inspection or reading the same. So in our considered view the petitioners did not violate any terms and condition of the 'Conditions of Carriage' and they are therefore entitled to get compensation for the deficiency of service by the O.P. We are of the opinion that they are entitled to get back the air fare Rs.16,432/- for coming to Agartala. They are also entitled to get cost of hotel expenditure Rs.10,000/-(Rupees Ten Thousand) and also Rs.10,000/-(rupees Ten Thousand) for mental agony, harassment and suffering, Rs.5,000/-(Rupees Five Thousand) for cost of litigation. In total they are entitled to get Rs.41,432/-(Rupees Forty One Thousand four Hundred Thirty Two). We direct the O.P. Indigo Authority to pay this amount to the petitioner within in 2 months. In case of failure it will carry interest @ 9% P.A.

 

Announced.

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.