- Mr. Om Prakash Jhunjhunwala,
Emerald House (1st Floor),
1B Old Post Office Street, Kolkata-1. _________ Complainant
____Versus____
- The Interglobe Aviation Ltd. (INDIGO),
Level 1, Tower C, Global Business Park,
Mehrauli, Gurgaon Road, Gurgaon-122002. ________ Opposite Party
- Cos And Kings (India) Ltd.
Emerald House (1st Floor),
1B Old Post Office Street, Kolkata-1 and
8, A.J.C. Bose Road, Circular Road,
-
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 27 Dated 18/01/2016.
The case of the complainant in short is that complainant booked an air ticket from o.p. no.1 for the journey from Kolkata – Guwahati on 15.10.11 and Guwahati – Kolkata on 18.10.11 through o.p. no.2. Complainant smoothly travelled from Kolkata – Guwahati by the flight on the aforesaid date of o.p. no.1 and he raised no complaint regarding the aforesaid journey. Complainant purchased the said ticket for to and fro from Kolkata-Guwahati-Kolkata at a total price of Rs.5731.50. In this context complainant has filed a photocopy of the said ticket and annexed as annex-A with the petition of complaint.
Complainant further stated that for his return journey on 18.10.11 he reached Guwahati Airport in an around 12-00 noon. Complainant stated that the said period is the maximum time allowed for reporting as per itinerary. Complainant stated that he has reached the reporting counter prior to boarding and departure i.e. 12-10 p.m. and 12-40 p.m. respectively. But the representatives of o.p. no.1 at Guwahati Airport refused the complainant from boarding for the journey Guwahati – Kolkata since complainant stated that they have alleged that he reached late in the reporting counter that the time which has been specified in the ticket. Complainant requested the representatives of o.p. no.1 present in the Guwahati Airport on the said date but all in vain,. Ultimately complainant had to purchase another ticket for the said journey from o.p. no.1 which was scheduled to leave Guwahati Airport at 15-15 hrs on 18.10.11. A photocopy of the said ticket has been annexed by complainant with the petition of complaint as annex-B. It appears from the said ticket that complainant had to incur Rs.3029/- for purchasing the ticket for the said journey by the flight of o.p. no.1 and ultimately he had reached Kolkata by the said flight.
Complainant after returning Kolkata requested o.p. to refund the amount since he has alleged that on arbitrary ground o.p. no.1 refused to issue boarding pass to complainant even if he has reached the airport at the reporting counter in time. But ultimately complainant received Rs.229/- from o.p. no.1 through o.p. no.2. Being aggrieved upon such condition complainant filed the instant case with the prayers contained in the prayer portion of the petition of complaint.
O.ps. appeared before this Forum by filing w/v and contested the case. O.ps. denied that they have made any deficiency of service to the complainant since complainant arrived at reporting counter of Guwahati Airport for availing of the flight on 18.10.11 at 12-10 p.m. which was scheduled to leave Guwahati Airport at 12-40 hrs. which is beyond the permissible limit of reporting time as has been specified in the ticket itself and for which o.p. no.1 was not in a position to issue boarding pass to complainant for the aforesaid journey from Guwahati to Kolkata. O.ps. have annexed the procedure for refund of air ticket to the passengers for public transport undertaking issued by office of the Director General of Civil Aviation dt.22.5.08 and ld. lawyer of o.ps. stated that as per serial no.3 (C) that in case of purchase of ticket through travelling agent the arrangement for refund be left to the passengers and travel agent. They also stated that as per item no.3(E) of the aforesaid notification that they have refunded the amount to complainant which is very much permissible according to the aforesaid clause and as such, complainant has no claim and prayed for dismissal of the case.
Decision with reasons:
Upon considering the submissions of the parties and on careful scrutiny of the entire materials on record it is admitted fact from the complaint petition that complainant had reached the reporting counter at Guwahati Airport at 12-10 p.m. and the schedule time for departure of the flight from Guwahati to Kolkata is 12-40 p.m. i.e. admittedly complainant reached the reporting counter 30 minutes ahead of the schedule time of departure and for which representative of o.p. no.1 present at Guwahati Airport refused the complainant to board at the aircraft on 18.10.11. It appears from annex-A as has been annexed by complainant with the petition of complaint that there are some terms and conditions printed on the body of the ticket itself i.e. annex-A. It appears from the serial no.1 of the terms and conditions that o.p. no.1 recommends check in at least 2 hours prior to departure for the domestic sectors. In this particular case, the flight is scheduled to leave from Guwahati Airport for the journey from Guwahati to Kolkata at 12-40 hours on 18.10.11 whereas complainant himself admitted that he reached check in counter at 12-10 p.m. on the aforesaid date only ½ hour earlier from the departure. So, it is crystal clear that complainant himself violated the terms and conditions no.1 which has been printed in the ticket itself. This Forum holds that since complainant has violated the terms and conditions of serial no.1 which has been printed on the body of the ticket itself, so o.p. no.1 denied him to board in the aircraft for the journey from Guwahati to Kolkata on 18.10.11. under such condition this Forum holds that complainant is not entitled to relief since o.ps. had not made any deficiency of service as service providers to the consumer / complainant for violation of the terms and conditions on the part of complainant as stated hereinabove.
Hence, ordered,
That the case is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
