DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC – 129  of   2017

 

Sri Vinod Kumar Nandwana,

S/O- Late Mukut Bihari Nandwana,

C/O- Dream Exotica, Flat No. 4/B/2,

Bholagiri Palli, V.I.P. Road, 

P.S. NCC Agartala, Tripura(West), 

PIN- 799006. .......…...Complainant.

 

            -VERSUS-

 

1. Spicejet Limited,

Head Office:- 319, Udyog Vihar,

Phase IV, Gurgaon, Haryana,

122016.

(Represented by the Managing Director).

 

2. The Airport Manager,

Spicejet Limited,

Indira Gandhi International 

Airport Domestic Terminal, 1 B,

New Delhi- 110037.

 

3. The Airport Manager,

Spiecejt Limited,

Domestic and International Airport, 

Civil Airport, Agartala,

Tripura(West)- 799004. ............. Opposite Parties.

 

__________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. DR. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C o u n s e l

For the Complainant : Sri Pradip Rathor

  Smt. Titu Rani Shil,

    Advocates.  

For the O.Ps : Sri Pankaj Deb,

  Authorized Representative 

  of the O.P., Spicejet,

 

JUDGMENT  DELIVERED  ON:  17.05.2018.

J U D G M E N T

This case arises on the petition filed by one Vinod Kumar Nandwana U/S 12 of the Consumer Protection Act. Petitioner's case in short is that he purchased one confirmed ticket for journey by Spicejet from New Delhi to Agartala on 25th September 2016. Accordingly he arrived at Indira Gandhi International Airport much before the time of departure. He collected the boarding pass. Check-in was done and seat number 7C was allowed to him. Thereafter he waited in the lounge near gate No. 3B for boarding the flight at 5.25 hrs. with boarding pass. But he was not taken inside the aircraft and the aircraft left him in the lounge. He made contact with the ground staff but the ground staff wrote time 5.53 PM forcefully. There is no call from the gate before departure. No information given and ground staff did not help the petitioner to board the aircraft. Complainant then had to go to station and had to perform the journey by train as because he had to come to Kolkata availing Air India plane ticket on 26.09.2016 from Kolkata to Agartala. But the train reached at Howrah station at the late hours and complainant missed the plane. Thereafter he had to purchase another air ticket for journey from Kolkata to Agartala and paid Rs.10,000/- to perform the journey to Agartala. Due to deficiency of service of Spicejet petitioner had to suffer huge loss. Petitioner therefore, claimed compensation and also the cost of air ticket with interest in total he claimed Rs.1,47,137/-. 

 

2. O.P. Spicejet  appeared, filed written statement denying the claim. It is stated that the complaint before this Forum is not maintainable at all. After the security check petitioner did not come before the said gate. Schedule time of departure was 5.55 but actually the flight took off at 5.58. Announcement were made by the respondent staff. 148 passenger traveled with the flight but the complainant did not appear. So, gate no show was exhibited. For the fault of the complainant he could not board the aircraft. As per statutory direction he is to attend before the gate 25 minutes before the departure. O.P. have no deficiency of service at all and petitioner  claim therefore is liable to be dismissed.

3. On the basis of contention raised by the both the parties following points cropped up for determination:

(I) Whether the petitioner failed to appear before the gate in right time?

(II) Whether there was deficiency of service by the O.P. and petitioner is entitled to get compensation?

4. Petitioner produced the Boarding Pass, Train ticket, Air India Ticket, Indigo Itinerary, Counter Foil Pass, letters issued by the Director, Postal Service, Demand Notice. Petitioner also produced statement on affidavit of one witness i.e., the complainant himself.

5. O.P.  submitted statement on affidavit of one witness Pankaj Deb,  also boarding pass issued in favour of the complainant on the relevant date of travel. O.P. also produced the terms of carriage and also passenger list who traveled by the flight SG 263 on 25th September 2016.

6. On the basis of all these evidence we shall now determine the points.

 

Findings and decision:

7. It is admitted and established fact that the petitioner Vinod Kumar Nandwana  purchased  the air ticket for performing  journey from New Delhi to Kolkata. The boarding pass pass and the air ticket submitted definitely prove this fact. O.P. Spicejet also did not deny this fact. 

8. We have gone through the boarding pass issued by the Spicejet authority at Indira Gandhi International Airport. Seat number is written 7C. Boarding time written 5.25 and gate No. 3B. Departure time not clearly written in the boarding pass.   

9. Petitioner in his statement on affidavit stated that he appeared before the Spicejet counter at 3.30 AM after completing security check much ahead of boarding time he was awaiting before the lounge near the gate No. 3B.  

10. On the other hand, D.W.1, Pankaj Deb stated that petitioner did not attend before the gate in time. In the cross examination he stated that announcement register was not maintained and gate no show was not exhibited. He also could not say the name of the ground staff who attended the passenger.  So there is no evidence to support that any ground staff rendered any help to the petitioner who after security check waited for boarding the aircraft. No endorsement was given by the O.P. as gate no show. The ground staff who attended and wrote the reporting time about making complaint not disclosed by O.P. In the written statement O.P. stated that 148 passenger boarded the aircraft. Written statement though filed by Vijay Roy Senior Manager of Spicejet but he did not attend to support his statement. Pankaj Deb deposed and stated that he was authorized by the Spicejet. He did not make any communication with the petitioner and also could not say how help was rendered in the Indira Gandhi International Airport. Spicejet has been doing business at Agartala and has maintaining office at Agartala. So this court has jurisdiction though all cause of action arose at Indira Gandhi International airport at Delhi. 

11. From the careful scrutiny of the evidence on record it is found that 41 seat remained vacant and capacity of the aircraft was 189. Learned advocate for the petitioner referred the decision of the Supreme Court 2016 CPJ in the case of Lakhmi Chand and Reliance General Insurance. In that case our Apex court held that burden is on the O.P. to prove the defense. Here in this case Spicejet O.P. failed to prove that the petitioner was late to appear before the gate after collection of boarding pass and security check in. petitioner clearly stated that he after security check-in went before the gate in time but the staff of the O.P. did not help him to board the aircraft. He was not called and left in the lounge unattended. Luggage was also unattended & brought down. This is deficiency of service by the O.P. 

12. From the evidence on record it is found that petitioner had to take train journey for coming to Kolkata and catch the flight of Air India. He produced the air ticket also Air India ticket to support his contention. On the next date he had to avail the journey to Agartala by Indigo flight as the Air India flight he missed because of late arrival of train. He also produced the demand notice given by him to the respondent. On scrutiny of all the evidence it is found that petitioner suffered huge loss because of the deficiency of service of the O.P. 

 

13. In view of our above findings we are of the considered opinion that the petitioner is entitled to get air fare from Delhi to Agartala. On scrutiny it is found that he spent amount of Rs.6200/-. He is also entitled to get the fare of the Air India ticket Kolkata to Agartala Rs.9000/-. There is no proof that his flight by Air India ticket was missed. For the train late Spicejet is not responsible. So this amount he is not entitle to get. Petitioner is entitle to get Rs.9000/- + Rs.6200/- = Rs.15,200/-(Fifteen Thousand Two Hundred) as air fare. He also suffered because he had to perform train journey instead of air and also some inconvenience for that he is entitled to get Rs.5,000/-. He is entitled to get Rs.10,000/-, in total petitioner is entitled to get Rs.30,200/-. We direct the O.P. to pay Rs.30,200/-(Rupees Thirty Thousand Two Hundred)  to the petitioner within 2(two) months, if not paid it will carry interest  @ 9% P.A. 

 

Announced.

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI  U. DAS

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA