DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 73 of 2018

 

 

Shri Subhash Chauhan alias Subhash,

S/O. Mohan Singh,

Resident of Bishalgarh,

Sipahijala Tripura,

Pin-799102…...........................................................................................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),

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 :  20/ 05 /2020.

 

J U D G M E N T

          The Complainant  Shri Subhash Chauhan alias Subhash, 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 purchased Air tickets from an Air Travel Agency name Shreeram Agency, Drop Ghate, Agartala, for him and his three family members namely Smt. Jashoya Debi(wife), Ms. Priyanka Chauhan(daughter) & Master Priyansu Chauhan(son) under a single PNR vide No.GBC4VC for availing journey on 24/04/2018 from Agartala to Delhi via Kolkata by Indigo Flight Nos.6E-833/6E-6488 on payment of Rs.28,890/-. On the scheduled date of journey i.e. on 24/04/2018 the Complainant with his family members came to Agartala Airport and reported at the check-in-counter. He was surprised to get the information at the check in counter that the Air tickets purchased by him were canceled. On his query he was told that based on a call from cellphone No.8256901474, the tickets were canceled. The Complainant immediately informed the Indigo official that he was quite dark about cancellation of his Air tickets and that it was done behind his back. He then insisted on getting arrangement of his journey with family members as he had to reach Delhi for attending a family programme. The Complainant in his complaint alleged that the Indigo officials did not pay any hid to his request. The Complainant being a TSR Jawan had to take leave from his higher Authority with great difficulty for attending the family programme. Finding no other alternative the Complainant purchased fresh Air Tickets from Air India and first he went to Kolkata with his family members on 25/04/2018 by Flight No. IA-746 & on the next day i.e. 26/04/2018 to Delhi by Flight No. IA-763 on payment of Rs.43,200/-. 

After returning to Agartala the Complainant on 12/05/2018 filed a representation before the Station Manager, Indigo Airlines, Agartala Airport claiming compensation for illegal cancellation of the Air tickets. As there was no response to the said representation, the Complainant issued legal notice dated 25/07/2018 through his Lawyer to the O.P. No.1, Inter Glove Aviation Ltd., Thapar House, 124 Janpath, New Delhi claiming Rs.5 lac as compensation for causing harassment, pain and mental agony including cost of lawyer's notice on account of illegal cancellation of Air Tickets. The legal notice however evokes no fruitful result. 

Hence, 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 which includes compensation, cost of Air tickets, Hotel charges etc. against the O.P., INDIGO Airways. 

Hence this case.

2. In due course of time notices were duly sent to the O.Ps. from the Forum. 

  The O.P. Nos. 1&2 in response to the notices appeared before the Forum through their engaged Advocates. 

  It is to be mentioned here that on 30/05/2019 an application under order VI rule 17 CPC read with section 151 CPC was filed on behalf of the Complainant through his Advocate praying for amendment of the complaint. After hearing both sides this Forum on 19/06/2019 allowed the application filed by the Complainant. By the said order the O.Ps. were also allowed to submit written objection to the amended complaint. Both the O.Ps. have accordingly on 09/07/2019 submitted W.O. 

Both the O.Ps. in their W.O. denied the claim and contentions of the complainant. According to the O.Ps. the Complainant has not come to the Forum with clean hands and has also concealed material facts from the Forum. The O.Ps. have stated that the request for cancellation of Complainant's Air Ticket booked under PNR No. GBC4VC was voluntarily raised by the Complainant himself on 24/04/2018 at about 15.08 hours from mobile No.918256901474. The complainant has also suppressed the material fact that the staff of Indigo had duly informed the Complainant of the applicable cancellation charges per sector per passenger in accordance with the binding conditions of carriage and that the amount of refund would be processed into the account from which the payment for booking of the Air Ticket for the Complainant was originally made i.e. the account of the third party travel agent of the complainant. According to the O.Ps. in the case of the Complainant the request for cancellation of the booking under PNR No.GBC4VC was duly processed observing the standard identity verification process and it was successfully completed by the staff of the Indigo Airways. The O.Ps. in their W.O. averred that since the O.P. No.1 has acted strictly in accordance with the voluntary cancellation request raised by the Complainant himself, the O.Ps. can not be fastened  with any liability of deficiency of service. The O.Ps. in their W.O. have annexed call recording dated 24/04/2018 by way of a CD under Annexure-B.          

    Denying any deficiency of service towards the Complainant, the O.Ps. urged before the Forum to dismiss the complaint with costs.             

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 17 documents comprising 41 sheets. The documents on identification have been marked as Exhibit – 1 Series. The complainant also produced Statement on Affidavit of his one witness namely Sri Digbindu Bhattachayee as PW-2. The said witness is the Proprietor of Shree Ram Agency, Drop Ghat, Arundhutinagar, Agartala. The Complainant purchased his Air Ticket under PNR  No.GBC4VC from the said witness. The Complainant and his witnesses were cross examined by the O.P. side. 

  On behalf of the O.Ps. no witness was examined.            

4. POINTS TO BE DETERMINED:- 

  (i) Whether there was 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. 

We have carefully gone through the pleadings of both the parties, the evidence, both documentary and oral adduced by the Complainant's side. 

We have also gone through the written arguments of both sides. We have glanced through the citation referred to by the O.P. side.  

It is evident from the Statements on Affidavit of the Complainant and his witness who is the travel agent that the Complainant had purchased Air Ticket from the Travel Agent(PW-2) under a single PNR No.GBC4VC for him and his family members namely Mrs. Jashoya Devi(wife), Ms. Priyanka Chauhan(daughter) & Master Priyansu Chauhan(son) for availing journey on 24/04/2018 from Agartala to Delhi via Kolkata by Indigo Flight Nos.6E-833/6E-6488 on payment of Rs.28,890/-. The Air Ticket also bears  the mobile No. of the Complainant as 9612758090.  From the evidence on record it transpires  that on the date of journey i.e. on 24/04/2018 the Complainant with his family members after reporting at the check-in-counter in the Airport came to learn from Indigo Airways staff that the Air Ticket in the name of the Complainant and his family members was canceled and that it was done based on a call from a cell phone No.8256901474. The Complainant made his stand clear to the Indigo Airways staff that he and his travel agent were not involved in the alleged cancellation of the Air Ticket. The complainant retaliated that had the ticket been canceled by him he would not have come to the Airport with his family members for taking the Flight. The PW-2 who is the Travel Agent of the Complainant in his Evidence-in-Chief has also emphatically stated that the Air Ticket which was purchased by the Complainant from him under PNR No.GBC4VC was not canceled from his Agency. The complainant and his witness were cross examined by the O.P. side but nothing material came out to disbelieve the evidence tendered by the Complainant and his witness.    

We find that the O.P.  Inter Globe Aviation Ltd.  has not examined any witness to support their case that the Complainant on his own accord has canceled the Air Ticket on the day of journey i.e. on 24/04/2018. The O.Ps. have however stated in their W.O. that the request for cancellation of the Air Ticket booked under PNR No.GBC4VC was voluntarily raised by the complainant himself on 24/04/2018 at about 15.08 hours from mobile No.918256901474. Though the O.Ps. have annexed call recording dated 24/04/2018 stated to be of the Complainant by way of one CD under Annexure-B but the said CD has not been brought on record and exhibited by any witnesses of the O.P. side. The O.Ps. have also failed to bring on record any evidence proving that the mobile No.918256901474 belongs to the Complainant or his associate. 

We also find that the Complainant was all along since filing of the complaint and till tendering his evidence has asserted that he was completely unaware about cancellation of his Air Ticket and that the mobile No.918256901474 does not belong to him. Even the O.Ps. did not take any step for getting the voice of the Complainant verified by an expert with the voice call having been recorded in the CD under Annexure-B. 

It further transpires from the Air Ticket under PNR No.GBC4VC which was purchased by the Complainant from the PW-2, the Travel Agent that it bears the mobile No. of the Complainant as 9612758090. According to us before resorting to canceling the Air Ticket of the Complainant, the O.Ps. ought to have checked the mobile No. of the Complainant which has been mentioned in the Air Ticket. 

So it is established and proved that cancellation of the valid Air Ticket of the Complainant under PNR No.GBC4VC was done by the O.Ps. behind the back of the Complainant and that the Complainant had no knowledge about it.  

We are of the opinion that the Complainant and his family members could not avail the flight on the scheduled date i.e. on 24/04/2018 for no fault of him. He had to purchase  fresh  Air Tickets from Air India and that while traveling, first he went to Kolkata with his family members on 25/04/2018 by Flight No. IA-746 & on the next day i.e. on 26/04/2018 traveled to Delhi by Flight No. IA-763 on payment of Rs.43,200/-. In the intervening night on 24/04/2018 the Complainant had to put up in a Hotel with his family members. We find that the Complainant and his family members made to suffer both mentally and financially due to the deficiency of service of the O.P., Indigo Airlines. So, he is thus entitled to get compensation from the O.P. No.1. 

Be it mentioned here that the citation referred to by Learned Advocate for the O.Ps. does not appear to us applicable to the case in hand as the facts in the case in hand are distinguishable. Hence, we are not inclined to rely upon the said citation. 

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. We find the O.Ps. guilty of committing deficiency of service towards the Complainant. The complainant is thus entitled to get compensation / relief.

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

It reveals from the written arguments placed before us by the O.Ps. that the O.Ps. after deducting the applicable cancellation charges have refunded Rs.13,952/- on 24/04/2018 and the said amount was transferred to the Bank Account of the Complainant's travel agent(PW-2). We have already stated that the complainant had incurred Rs.43,200/- for purchasing Air Tickets from Air India for traveling to Delhi from Agartala Via Kolkata on 25/04/2018 & 26/04/2018 by Flight Nos.IA746 & IA763. Hence, according to us the Complainant is entitled to get Rs.29,248/-(Rs.43,200/- - Rs.13,952). 

In the result, we deem it fit and proper for the sake of rendering justice and equity to the Complainant to direct the O.Ps. to pay Rs.29,248/- being the residuary cost of the Air Ticket borne by the Complainant for under taking journey on 25/04/2018 & 26/04/2018 from Agartala to Delhi via Kolkata by Flight No. IA-746 & IA-763. We also direct the said O.P. to pay Rs.15,000/- as compensation for causing mental agony and harassment apart from litigation cost of Rs.5,000/-.  The Complainant is thus entitled to get in total Rs.49,248/-(Rs.29.,248/- + Rs.15,000/- + Rs.5,000/-) from the O.P. No.1 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