Order-25.
Date-22/02/2018.
Shri Anupam Bhattacharyya, President.
The instant complaint has been filed by the complainant u/s.12 of the Consumer Protection Act, 1986 praying for payment of price of Rs.70,335/- of the ticket along with compensation of Rs.3,00,000/- and litigation cost
The complainant’s case, in short, is that the complainant along with his parents arrived at the Kolkata airport at 4.20 a.m. on 10-10-2016 since the departure of the flight was scheduled at 6.05 a.m. and noticed that there was only a single ground staff at the boarding counter, so, he constantly reminded the ground staff to let them in by making a separate arrangement but none of the officials were there to handle the situation. Finally around 5.50 a.m. another staff was provided and by 5.50 am the complainant received the boarding pass. As the time was getting closer, the complainant was called up by the flight staff to report to the boarding gate of the flight and simultaneously the ground staff were also forcefully ordered to release their luggage to them as soon as possible. Due to insufficient staff of the airline company complainant did not get any co-operation from them and the complainant along with his family rushed for security checking around 6 a.m. and while it was being done for the second time the flight staff informed the complainant to immediately report to the flight gate. It was 6.05 a.m. when they completed the entire process, but they missed their flight. Their ticket were stamped cancelled by the counter and they rebook their flights for the 10-10-2016 by paying an additional amount of Rs.70,335/- to another Airlines i.e. Jet Airways. The main grievance of the complainant is that there was hardly any staff to assist the complainant and his family with their luggage which is a total harassment and amounts to deficiency in service and for that the complainant filed this complaint.
Hence, the instant complaint.
The written version filed by the OP, in brief, is that five air tickets were booked by the complainant on 18-06-2016 for travel on 10-10-2016 from Kolkata to Kochi via Hyderabad by Indigo Flight No.6E-788 and Indigo Flight No.6E-683 respectively. The said booking was undertaken through a third party travel partner of Inter Globe Aviation Ltd. and the said bookings were governed by certain terms and conditions for carriage known as IndiGo Conditions of Carriage Domestic and the complainant was aware about those terms and conditions. As per terms the customers are to report for check in at least 2 hours prior to the departure of the scheduled flight and the check-in closes 45 minutes prior to the scheduled departure of the flight. Complainant and his accompanying passengers were arrived at the check-in counter at 5.25 a.m., 5 minutes after the closing of the check in counter. It is vehemently denied that a single staff member of Inter Globe Aviation Ltd. was on duty for this purpose and there are self-operated kiosks installed in the airport which automatically generate boarding passes. The OP Airlines are not responsible to assist or allow the passengers to skip queues merely on account of delay by passengers themselves. Article 8.2 of InidiGo Conditions of Carriage Domestic is that the boarding gate will be closed 25 minutes prior to the departure time. The IndiGo will not be liable to the customer for any loss or expense incurred due to their failure to comply with provision of the Article 8.3. OP offered to re-accommodate the complainant and his accompanying passengers on the next available flight but the complainant declined this offer on account of the next available flight being after 3 days. OP is in no way liable to compensate the complainant and prayed for dismissal of the case. Hence, the instant written version.
Considering the pleading of both sides the following points have been raised.
Points for Decision
- Whether the case is maintainable in its present form and law?
- Whether there is any cause of action to file the case?
- Whether the case is barred by limitation?
- Whether the complainant is entitled to get the relief as prayed for?
- What other relief/reliefs the complainant is entitled to get?
Decision with Reasons
Point Nos.1 to 5 .
All the points are taken up together for the brevity of discussion and convenience.
The instant complaint is for payment of price of Rs.70,335/- of the ticket along with compensation of Rs.3,00,000/- and litigation cost.
The main case of the complainant is that due to the negligent act on the part of the OP, the complainant along with his family members missed the flight and have to rebook their flights paying an additional amount of Rs.70,335/- to another Airlines i.e. Jet Airways.
On the other hand, OP’s case is that as per terms the passengers are to report for check in at least 2 hours prior to the departure of the scheduled flight and the check-in clauses 45 minutes prior to the scheduled time of departure of the flight. The complainant and his accompanying passengers arrived at the check-in counter at 5.25 a.m. i.e. 5 minutes after the closing of the check in counter. The OP-Airlines are not responsible to assist or to allow the passengers to skip queues merely on account of delay by passengers themselves and they are in no way liable to compensate the complainant.
To prove the case, both the parties have filed evidence on affidavits along with questionnaires and replies vice-versa along with the relevant documents in support of their respective cases.
In this case both parties have filed BNA and have also advanced respective arguments during the hearing of argument.
The Ld. Lawyer for the OP Airlines has advanced argument that the complainant has admitted in his reply to their question no.3 that he has not gone through the terms and conditions governing the carriage while booking the tickets dated 18-06-2016 and also in his reply to their question no.4 he has admitted that he is aware of the relevant check-in, boarding clauses and their failure clauses governing the conditions of carriage.
He has also advanced argument that after accepting Indigo Condition of Carriage cannot approbate and reprobate at the same time.
The Ld. Lawyer for the OP insurance company has advanced argument referring the decisions of Hon’ble Supreme Court in Civil Appeal No.4925 of 2011 in between Inter Globe Aviation Ltd. vs. Satchidananda where the flight was delayed due to dense fog but in this case the complainant passenger could not avail the flat in spite of boarding pass was issued.
In this case, the Ld. Lawyer for the OP Airlines has advanced argument referring the boarding rules that boarding gate will be closed 25 minutes prior to the departure time but in this case the flight schedule was at 6.05 a.m. and the boarding pass was issued at 5.50 a.m. and reached the boarding gate at 6.05 a.m.
Considering the time of reaching the boarding gate at 6.05 a.m. where the scheduled time of the flight was also on 6.05 a.m. and the boarding pass was issued at 5.50 a.m. The question of delay in reaching the boarding gate was not abnormal. The OP Airlines Authority ought to have considered the fact of issuing boarding pass and to arrange to avail the flat by the complainant.
That being so, they have rather cancelled the tickets and for that the complainant had to bear financial loss by purchasing another ticket for Rs.70,335/-.
Considering the above discussion particularly the time of delay in reaching the boarding gate we are of view that the OP Airlines Authority cannot avoid the liability and for that we are of view that the complainant is entitled to get the relief as to financial loss they had to suffer by purchasing tickets of Rs.70,335/- along with litigation cost of Rs.5,000/-.
In this case the complainant has claimed compensation of Rs.3 lakhs without giving the cogent evidence and the particular in details by justifying the claim as to huge amount of compensation. The complainant being availed the next flight on the same date we are of view that the complainant is entitled to get compensation of Rs.30,000/- only.
On the basis of above discussion we find that all the appoints are disposed of in favour of the complainant in part and, as such, the complainant is entitled to get relief of Rs.70,335/- for financial loss for missing the flight and compensation of Rs.30,000/- along with litigation cost of Rs.5,000/-.
Hence,
Ordered
That the instant case no.115 of 2017 be and the same is allowed in part on contest against the OPs.
OPs are jointly and severally liable to pay the awarded amount.
OPs are directed to pay Rs.70,335/- for financial loss for missing the flight and Rs.30,000/- as compensation along with litigation cost of Rs.5,000/- within 30 days from the date of this order, in default, the OPs to pay fine at the rate ofRs.100/- per day delay and the amount so accumulated should be deposited to this Forum.
Failure to comply with the order will entitle the complainant to put the order into execution under appropriate provision of the C.P. Act.
