DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 72 of 2018

Shri Amlan Shankar Debbarma,

S/O. Shri Bhabani Shankar Debbarma,

Krishnanagar, Thakur Pally Road,

P.S.-West Agartala, P.O.-Agartala,

Dist.-West Tripura, Pin-799001.…...........................................................Complainant.

 

 

-VERSUS-

 

 

1. The Inter Globe Aviation Limited,

(broadly known and distinguished as 

INDIGO), having it's registered office

at Central wing, Ground Floor,

Thapar House, 124, Janpath,

New Delhi, Pin-110001,

(Represented by Managing Director 

and subject hereof be deemed to mean 

and include its successors, successors-in-office,

Legal representatives, executors, Agents, 

Lawful attorneys and assigns). 

 

2. The Airport Manager,

Inter Globe Aviation Limited,

(broadly known and distinguished as INDIGO),

Indira Gandhi International Airport,

Domestic Terminal -7B, 

New Delhi-110057,

Pin-110057.

 

3. The Airport Manager,

Inter Globe Aviation Limited

(broadly known and distinguished as INDIGO), 

Maharaja Bir Bikram Manikya Kishore, 

Airport (the then Agartala Airport),

Agartala Domestic and International Airport, 

Civil Airport, P.O.-Agartala Airport, 

P.S.-Agartala Airport,

Dist.-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 Complainant : Sri Debabrata De,

  Sri Subhendu Bhowmik,

  Advocates.

 

For the O.Ps.  : Sri Debalay Bhattacharya,

  Sri Kushal Deb,

  Advocates.  

 

JUDGMENT  DELIVERED  ON : 07/01/2020. 

 

J U D G M E N T

          The Complainant Shri Amlan Shankar Debbarma, 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 is an employee under TSECL and by profession an Engineer. The Complainant on 26/03/2018 intending to come to Agartala from Delhi via Kolkata by Flight Nos.6E-921 & 6E-276 under booking reference No.NF7269123378707 came to the Indira Gandhi National Airport, Delhi at 7.30 A.M. long before expected time of departure of his Flight No.6E-921. He had purchased the ticket on payment of Rs.7,884/-. After reporting at the check-in-counter and on registration of his baggage he had duly collected two nos. of boarding pass, one for his journey from Delhi to Kolkata and another for his journey from Kolkata to Agartala. He had been allotted seat Nos. 16D & 14D respectively in both the Flights. At about 12 noon he reached at the Gate No.7B scheduled for boarding the flight 6E-921. The boarding time as per the boarding pass was 13.05. The Complainant has stated in his complaint that inspite of his reaching at the boarding Gate before time he was not allowed to board the flight. He has asserted that neither any announcement was made regarding change of boarding gate nor anything in this regard has been displayed on the departure screen. He frantically searched for INDIGO ground staff to enquire regarding boarding of his scheduled Flight. He was shocked and devastated when one lady ground staff of the INDIGO told him that his baggage was taken to the Flight but boarding of the Flight No.6E-921 from Delhi has been closed. According to the Complainant the ground staff without showing any reason did not allow him to board the Flight. Later on he was informed that his checked in baggage had already been de-planed. The Complainant further asserted that he had to wait 06 hours in the Airport but his problem was not solved. He received his baggage later on in damaged condition. Some costly items in side the baggage also got damaged. The matter was duly informed to the INDIGO staff but they kept mum on the issue of damaging the baggage. The Complainant asked for refund of the amount incurred for purchasing the Air ticket but the INDIGO staff denied to pay a single pie. Finding no other alternative the Complainant had to book fresh Air ticket for the next day i.e. 27/03/2018 for his journey from Delhi to Agartala in Spice-Jet Flight No. -SG-263 on payment of Rs.11,231/-. The Complainant stayed that night in a near by Hotel in Delhi namely PLAZA PREMIUM LOUNGE on payment of charges of Rs.5,620/-. On the next morning i.e. 27/03/2018 at about 9.20 A.M. the complainant reached at Agartala. The complainant further stated in his complaint that he became ill due to mental stress and agony. He could not join his office and thus had to take leave for few days. On 02/05/2018 the Complainant sent E-mail to the O.P. complaining deficiency of service. But the O.P. did not make any response to the said mail. The Complainant thereafter sent demand notice through his Lawyer on 16/07/2018 by speed post calling upon the O.Ps. to pay him Rs.5 lac as compensation. The notice was duly served upon the O.Ps. on 17/07/2018. But till filing of the complaint the O.P. remained silent over the said notice.  

Being aggrieved and dissatisfied with the conduct of the O.P.,INDIGO Airways, the Complainant has filed the instant complaint before this Forum claiming Rs.5 lac  as compensation, cost of Air ticket, Hotel charges etc. against the O.P., INDIGO Airways. 

Hence this case.

 

 

2.   In due course of time notices were duly sent and served upon the O.Ps. from the Forum. The O.P. Nos.1,2&3 have appeared through their engaged Advocates. As the O.Ps. have failed to submit W.O. within 45 days,  this Forum by order dated 28/01/2019 in compliance with the section 13(2) of the Consumer Protection Act, 1986  has directed that case be proceeded exparte against the O.Ps.   

 

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 16 documents. The documents on identification have been marked as Exhibit – 1 Series. The complainant was 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 towards the Complainant?

  (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 has 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 of the Complainant. 

It is evident from the case record that the Complainant was denied boarding the INDIGO Flight No.6E-921 from Indira Gandhi International Airport on 26/03/2018 though he had valid boarding pass for the said Flight. The Complainant was supposed to take connecting Flight 6E-276 from Kolkata to Agartala, the boarding pass for the said Flight was also with him. The complainant was all along present at the scheduled boarding Gate No.7B in time at the Indira Gandhi International Airport so as to board the Flight No.6E-921. We find that the Complainant in his evidence-in-chief as well as in his complaint has emphathetically  stated that he was not informed either by any announcement or through display having been made on the departure screen regarding any change of boarding gate. He was frantically searched for INDIGO ground staff to enquire regarding boarding of his scheduled flight. He was shocked and devastated when one lady INDIGO staff told him that his baggage was taken to the Flight but boarding of the Flight No.6E-921 from Delhi had already been closed. According to the complainant the ground staff without showing any reason did not allow him to board the Flight though he had reached at the boarding gate in time with valid two Nos. of boarding pass, one for Delhi to Kolkata and another for Kolkata to Agartala. We find that the Complainant after waiting for 06 hours in the lounge got his baggage back from the INDIGO staff. We are satisfied that INDIGO Airways did nothing in order to facilitate boarding of the scheduled Flight 6E-921 by the Complainant even though the Complainant was possessing valid boarding pass for the said Flight.  

It reveals from the case record the Complainant had to purchase fresh Air ticket from Spice-Jet on payment of Rs.11,231/- against Spice-Jet Flight No.SG-263 for taking his journey from Delhi to Agartala via Kolkata on the next day i.e. on 27/03/2018. He also had to stay one night in a near by Hotel named PLAZA PREMIUM LOUNGE, Delhi on payment of charges of Rs.5,620/-. On 27/03/2018 at about 9.20 A.M. the Complainant returned to Agartala from Delhi by availing Spice-Jet Flight SG-263. We find that the O.Ps. have failed to satisfy us that the complainant had violated any terms and conditions of “the Conditions of Carriage”. The O.Ps. according to us cannot avoid their liability towards the Complainant who was unnecessarily suffered for not being allowed to avail his scheduled Flight 6E-921 from Delhi even though he was possessing valid boarding pass. 

 

 

6. In view of the discussion made above, 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 according find the O.Ps. guilty of committing deficiency of service against the Complainant. The Complainant as such is entitled to get compensation from the O.Ps. 

Both the issue framed in this case are decided in favour of the Complainant  against the O.Ps. 

In the result, we direct the O.Ps. to pay Rs.11,231/-  being the cost of Air fare borne by the Complainant for his journey from Delhi to Agartala via Kolkata by Flight No.SG-263 on 27/03/2018. We also direct the O.Ps. to pay Rs.5,620/- to the Complainant as the hotel charges and also Rs.10,000/- as compensation for causing mental agony and harassment apart from litigation cost of Rs.5,000/-. We are of the opinion that no other relief can be given to the Complainant. The Complainant is thus entitled to get in total Rs.31,851/-(Rs.11,231 + Rs.5,620/- + Rs.10,000/- + 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. DR  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA