In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   88 / 2008.

1)                   Sri Kalika Prasad Chowdhury,

5, Mustaque Ahmed Street. Kolkata-700016.                                           ---------- Complainant

---Versus---

1)                   The Managing Director, INDIGO,

Level-I, Tower-C, Global Business Bank,

Mehrauli, Gurgaon Road, Gurgaon-122002, Hariyana.

2)                   The Manager, INDIGO,  Land Mark,

228A, A.J.C. Bose Road, Kolkata-700020.                                              ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Smt. Jhumki Saha, Member.

Order No.   3 0    Dated   2 8 / 0 2 / 2 0 1 2 .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Sri Kalika Prasad Chowdhury against o.ps. INDIGO, Level-I for arbitrary cancellation of air ticket.

            Fact of the case in brief is that on 11.4.07 complainant purchased two onward and return tickets worth Rs.11,096/- of Indigo air flight for himself and his wife for a journey from Kolkata to Chennai on 4.5.07 and back on 12.5.07. Tickets were booked through internet service booking under reference no.M-542LS against credit card no.4384599914985384 of his friend, Sunil Majumder. When on 4.5.07 the complainant reported to the airport it was reported from the counter that their tickets were not registered as confirmed and they were not allowed to board. As such the complainant was compelled to purchase fresh tickets on payment of Rs.8348/- against the credit card no.4029850211767287 of his friend, Soumik Dutta and availed the flight.

            He had to incur an expenditure of Rs.8348 + Rs.6298 totalling to Rs.14,646/- for both way journey. The complainant has stated due to the untoward situation in an airport he felt uneasy and was indisposed resulting in medical expenses to the tune of Rs.500/-. The complainant subsequently took up the matter with the o.ps. claiming Rs.1,69,646/-. Hence this case. 

            O.ps. had entered their appearance in this case by filing w/v since o.p. nos.1 and 2 happens to the same concern and denied all the material allegations labeled against them and prayed for dismissal of the case.

            Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.p. made full refund of journey amount to Shri Sunil Kumar Majumder whose credit card was used by complainant for the first time to purchase ticket wherein complainant was not allowed to board. It is also an admitted position that complainant had to undergo some mental agony and harassment as he had to buy tickets for the second time at a higher rate. Be that as it may complainant was scheduled to go and as such he had to purchase tickets for the second time even at higher rate and complainant cannot claim the fare for the second time. It is considered that for showing cancellation status complainant had to face same harassment although initially status was shown confirmed and subsequently shown cancelled. We find that o.ps. had some sort of deficiency on their part being a service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the petition of complaint is allowed on contest against the o.ps. with cost. O.ps. are directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties.

   ____Sd-_____                                                   _______Sd-______

     MEMBER                                                           PRESIDENT