DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 90 of 2018

1.Sri Rajat Kanti Ghosh

S/O. Lt. Rathindra Kr. Ghosh

 

2. Smt. Rama Lodh(Ghosh)

W/O. Sri Rajat Kanti Ghosh

 

3. Master Debayan Ghosh

S/O.-Sri Rajat Kanti Ghosh,

All are resident of Gangail Road,

Agartala, P.O.-Agartala,

P.S.-West Agartala, Pin-799001,

Dist.-West Tripura

The Complainant No.3 is minor, he is represented 

by his father that is the Complainant No.1…..................................................Complainants.

 

 

-VERSUS-

 

 

1. The General Manager,

Indigo Airlines,

Indigo Central Wings,

Thapar House, 124 Janapath,

New Delhi-110001.

 

2. Indigo Airliness,

228-A, AJC Bose Road,

Lala Lajpat Roy Sarani,

Kolkata-700020.

 

3. Station Manager,

Indigo Airlines,

Maharaja Bir Bikram Airport,

Usha Bazar, Agartala, West Tripura,

Pin-799009................................................................................................... Opposite parties.

     __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI UMESH DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. Dr BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

For the Complainants : Sri Ranjan Bhattacharya,

  Sri Basudev Chakraborty,

  Smt. Manika Roy,

  Advocates.

For the O.Ps.  : Sri Debalay Bhattacharya,

  Sri Kushal Deb,

  Advocates.  

JUDGMENT  DELIVERED  ON :  17/12/2019

 

J U D G M E N T

          The Complainants Sri Rajat Kanti Ghosh & others set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service by the O.Ps.

Complainant's case, in brief, is that the Complainant along with his wife and his minor child went to Kolkata on 07/05/2018 by availing Indigo Flight No.6E-6488 for the purpose of medical treatment of his wife. As per pre-scheduled return journey to Agartala, the Complainant with his family reached at Netaji Subhash Chandra Bose International Airport, Kolkata on 16/05/2018 and collected boarding cards after drooping two Nos. of luggage at the check-in-counter and that after undergoing security check proceeded to allotted Gate No.22 in order to board the Indigo Flight No.6E-374. But they were not  allowed to board the flight by Indigo staff. He was told that boarding time was over. According to the Complainant he had then 5 minutes in hand to board the flight. The Complainant alleged that the Indigo staff without any congent reason and in an unjust manner deprived him and his family members of availing the Flight on that day. He had to wait long time in the lounge at the Kolkata Airport for getting the luggage. Faced with such situation the Complainant raised objection and that at the time he was given assurance by the Indigo official/staff that arrangement would be made by them so that the Complainant and his family members can avail next flight if accommodation in the flight was available. On that day he could not return to Agartala. He had to stay in a hotel at Kolkata two nights i.e. on 16/05/2018 & 17/05/2018. Necessary expenses for putting up in hotel were borne by him. The Complainant on 18/05/2018 purchased fresh tickets on payment of Rs.21,823/- and returned to Agartala by Indigo Flight No.6E-276. After arriving at Agartala Airport he contacted with Official of the Indigo Airways and requested him to arrange for refunding the amount of Rs.21,823/- being the flight fare incurred by him for taking the journey on 18/05/2018 from Kolkata to Agartala. He was then advised to wait for two months. The complainant thereafter on 10/06/2018 issued a letter to the O.P. No.1 demanding compensation of Rs.2 lac. As the said letter evokes no response, the complainant again served demand notice on 04/10/2018 to the O.P. No.1. The O.P. No.1 however replied to the notice. The complainant having not satisfied with the reply has filed the present complaint before the Forum claiming compensation of Rs.2 lac under different heads namely cost of Flight Fare Rs.21,823/-, hotel charges Rs.6,000/-, transportation cost Rs.10,000/-, for deficiency of service Rs.60,000/-, for mental agony,  harassment and loss of comfort Rs.1,13,177/-.     

Hence this case.

 

2. In due course of time notices were duly issued to the O.P. Nos.1,2&3.  All the O.Ps. made appearance through their engaged Advocate. The O.Ps. have however failed to submit W.O. within 45 days from receipt of the notices sent to them from the Forum. So the case proceeded exparte against them U/S 13(2)(b)(ii) of the Consumer Protection Act, 1986 vide order dated 24/05/2019.

EVIDENCE ADDUCE BY THE PARTIES:-

3. The Complainant examined himself as PW-I and submitted his examination in chief by way of affidavit. He has produced 10 documents comprising 19 sheets. The documents on identification have been marked as Exhibit – 1 Series. The complainant was however cross examined by the O.P. side on law point only. 

4. POINTS TO BE DETERMINED:- 

  (i) Whether there is deficiency of service on the part of the O.Ps?

  (ii) Whether the complainant is entitled to get compensation/  relief as prayed for?

5. DECISION   AND  REASONS  FOR  DECISIONS:- 

      We have heard arguments from both sides. The Complainant and the O.Ps. side have submitted Written arguments. 

We have carefully gone through the pleadings of the Complainant the evidence, both documentary and oral adduced by the Complainant, and have also gone through the memorandum of arguments placed before us by the both sides. 

It is evident from the case record that the complainant and his family members were denied boarding the Indigo Flight No.6E-374 on 16/05/2018 while they were infront of boarding Gate No.22 with valid boarding passes at the Kolkata Airport. The Indigo Airways staff while denying the boarding facility stated to them that boarding time was over. We find that the Complainant has consistently taken the plea ever since he has filed the consumer complaint that while he and his family members were denied boarding the Flight by the Indigo staff he had then 5 minutes in hand. This assertion of the Complainant has not been controverted by the O.Ps. In this regard the O.Ps. have stated in their memorandum of arguments that despite being fully aware of the boarding time lines the Complainant and his family members reached the boarding gate only at 1550 hours which is only 20 minutes prior to the scheduled departure of the Flight and that due to this Inter Globe Aviation Limited was constrained to declare the Complainant as “Gate No Show”. So from the memorandum of arguments of the O.Ps. it transpires that on the relevant date “Gate No Show” was applied against the Complainant and his family members despite there was 5 minutes left to close the boarding  gate. We also find that no where in the memorandum of argument the O.Ps. have stated that announcements were done for securing the attendance of the Complainant and his family members at the departure  Gate No.22 in order to facilitate boarding of the Flight by the Complainant and his family members who were admittedly possessing valid boarding passes. Moreover, it is known to all that Kolkata Airport has not been declared as silent Airport. The O.Ps. according to us ought to have taken appropriate measures so as to enable the Complainant and his family members to avail the schedule Flight on 16/05/2018.       

6. In view of the discussion made above and having regard to the materials on record we find and hold that the Complainant has succeeded in establishing his case U/S 12 of the Consumer Protection Act, 1986 against the O.Ps. 

  We accordingly find the O.Ps. guilty of committing deficiency of service against the Complainant and his family members. The Complainants are entitled to get compensation from the O.Ps.  

  Both the issues framed in this case are decided in favour of the Complainants and against the O.Ps.

      In the result, we direct the O.Ps. to return the Air fare Rs.21,823/- to the Complainants. We also direct the O.Ps. to pay Rs.6,000/- to the Complainant as hotel charges and also Rs.15,000/-as compensation for causing harassment and mental agony apart from litigation costs at Rs.5,000/-. The Complainants are accordingly entitled to get Rs.47,823/-/- (Rs.21,823/- + Rs.6,000/- + Rs.15,000/-Rs.5,000/-) from the O.Ps. The payment is to be made within 2 months from the date of judgment, if not, it will carry interest @ 9% P.A. till the payment is made in full.

    Announced.

 

SRI  BAMDEB  MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI  UMESH  DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.

 

SMT. SMT. DR  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA