DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

 

CASE NO:  CC-   30  of   2017

 

     1. Sri Atanu Saha 

S/O- Sri Ajit Saha,

 

     2. Mrs. Pinky Saha,

W/O- Sri Atanu Saha,

 

     3. Miss Tanikshya Saha,

D/O- Sri Atanu Saha,

 

     4. Miss Anushuya Saha,

D/O- Sri Atanu Saha,

 

Residents of 

Banamalipur, 

Near Girl's Bodhjung School,

Agartala, P.S. East Agartala,

West Tripura.

 

     5. Sri Bidhan Ch. Saha,

S/O- Lt. Baishnab Charan Saha,

 

     6. Smt. Sabita Saha,

W/O- Sri Bidhan Saha,

 

Residents of

Bisalgarh Bazaar, P.S. Bisalgarh,

Sepahijala Tripura. …..….…...Complainants.

 

            VERSUS

     

     1. The Head Office/ Corporate Office,

Indigo, Level-1, Tower-C,

Global Business Park,

Mehrauli- Gurgaon Road,

(Near Guru Dronacharya Metro Station),

Gurgaon- 122002, Haryana, India.

 

     2. The Kolkata Office Address:

Inter Globe Aviation Ltd.,

(Unit of Indigo Cargo),

Indigo, Interim Domestic Courier Terminal,

Near Gate No. 07,

N.S.C.B.I. Airport,

Kolkata- 700052

(Represented by its 

Station Manager/ In-charge).

 

     3. Inter Globe Aviation Ltd.,

(Unit of Indigo Cargo),

Agartala Airport,

Nasingarh, Agartala, Tripura West,

(Represented by its

Station Manager/ In-charge).

 

     4. The Airport Authority of India,

Netaji Subhash Chandra 

Bosu International Airport, 

Dumdum, Kolkata, India.

(Represented by its 

Station Manager). ..........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 H.K. Bhowmik,

 Sri Bikash Ch. Deb,

 Sri Amit Saha,

 Advocates.  

 

For the O.P. No. 1, 2 & 3 : Sri Koushik Roy,

 Sri Udai Sankar Singha,

 Advocates.

 

For the O.P. No.4 : None Appeared.

 

 

JUDGMENT  DELIVERED  ON:  05.09.2017.

 

 

J U D G M E N T

This case arises on the petition filed by by one Atanu Saha and 5 others U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on 27.12.16 Petitioner and 5 others purchased air tickets from the O.P. Indigo Airlines to avail their journey on 11.01.17 at 9AM. Accordingly they arrived with the luggage at the airport at Kolkata and there was some delay for check-in the luggage as 2 kg extra weight was found. However, boarding pass was issued at 8.15 AM. With the boarding pass they went to the security enclosure in a long queue. They requested security personals to go to the gate No.23 in time. But no opportunity was given. At last they went to the gate No.23 but the Indigo officials did not allow them to go through. So, they could not come to Agartala. On the next date they came to Agartala on payment of Rs.24,460/-. Petitioner had to stay at Kolkata with the baby. One luggage containing the articles of the baby was sent to Agartala but the passengers were left at Kolkata. For this deficiency of service all petitioners suffered. They prayed for compensation amounting to Rs.5 lacs.

2. O.P. Indigo Airlines appeared and filed W.S denying the claim. It is stated that as per Indigo Condition of Carriage Domestic, petitioners being passengers were bound to report the Check-in counter 2 hours before the departure time. The check in closes 45 minutes prior to the scheduled time of departure. Petitioners failed to comply the Condition of Carriage. So they could not avail the journey. However, on the next date their journey was arranged and only the difference of the price was taken from the passengers. There was no deficiency of service  by the Indigo Airlines. O.P. therefore, prayed for dismissal of the claim.

3. Petitioner produced the copy of booking of the passenger on 11.01.17, Boarding pass, Copy of Check- in of the passengers on 12.01.17, copy of boarding pass, luggage tag, marked exhibit- 1 Series.

4. Petitioner also produced statement on affidavit of one witness Atanu Saha.

5. O.P. on the other hand produced the certified copy of Resolution approved by Board of Directors of Indigo and also the Condition of Carriage rules.

6. O.P. also produced the statement on affidavit of one witness, Navneet Anand.

7. So, on the basis of all the evidence on record and the documents furnished before us we shall now determine the following points:

(I) Whether there was deficiency of service by the O.P. Indigo Airlines?

(II) Whether the petitioner is entitled to get compensation as claimed?

8. After perusal of all the evidence, documentary and oral and also after hearing the argument of both sides we shall now determine the above points.

 

Findings & Decision;

Fact of purchasing the tickets for availing journey by Indigo Airlines on 11.01.17 is admitted and established fact. Boarding pass supports this fact. 6 petitioners paid Rs.24,460/- for availing this journey. Petitioner Atanu Saha stated in his evidence that he along with the other passengers reported at the boarding pass counter in time for X-ray of the luggage. At the boarding counter luggage was found 2 kg excess. They are asked to deposit extra luggage charge. So at the extra luggage counter he had to go. There was long queue and after payment of charge boarding pass was issued and luggage tag was also given but again there was long queue in the security enclosure. Nobody came to help them. Their request was turn down. There was some delay at security  enclosure. Thereafter they went to the gate but gate closed. Indigo staff did not allow them to board the flight.

10. We have gone through the boarding pass issued in favour of the 6 petitioner. It appears that boarding pass was issued at 8.15 AM. Departure time was 9AM. So 45 minutes before departure boarding pass was issued. In the boarding pass it is clearly written that boarding gate will close 45 minutes before the departure time. So the petitioners were supposed to complete the security check and go before the gate within 20 minutes after receiving the boarding pass. They are to appear before the gate by 8.35 AM. According to Indigo version they reported after 8.35 AM. Petitioner stated that they reported at 8.30 AM. Boarding gate was not supposed to close as others passengers availed the journey. Definitely they might have reached after 8.35 AM.

11. The plea of the petitioner is that the Indigo official did not help them and the security personal in the gate also did not render any help for going before the gate. Petitioner in the examination in chief stated that it was 8.30 to 8.45 hours for security checks. So their appearance before the gate was after 8.35. as per Condition of Carriage passenger are not allowed to board the flight for arrival. The boarding pass was subject to some terms and conditions. Surprisingly the Indigo staff did not render any help after issuance of boarding pass when Boarding pass was issued then indigo official and staff should render adequate help to the passenger so that they could go before the gate in time. That help was not rendered. The security personal were not Indigo official. But the Indigo official could request them for early check in the security so that the passenger could reach before the gate in time. It is also improper service by the Indigo staff who sent one luggage to Agartala though passenger were not allowed to travel. Without that luggage containing the food and other articles of the baby petitioner suffered. On the next date Indigo authority arranged the flight of all the petitioners from Kolkata to Agartala on payment of difference. According to petitioner they had to pay Rs.24,460/- for the journey of 6 passengers from Kolkata to Agartala. For the latches and deficiency of service of Indigo petitioner suffered. We considered that the petitioner is entitled to get compensation and refund of the air fare they paid on 12.01.17 amounting to Rs.24,460/- for their sufferings they are also entitled to get compensation amounting to Rs.15,000/-. For litigation cost they are entitled to get Rs.5,000/-. In total they are entitled to Rs.44,460/-. Direct the O.P. Indigo to pay the amount of Rs.44,460/- to the 6 petitioners within 2 months, if not paid 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.