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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (DIVISION BENCH)
R.K. Agrawal, M. Shreesha, JJ.
CHIEF EXECUTIVE OFFICER, INTERGLOBE AVIATION LTD (INDIGO) AND OTHERS - Appellant
Vs.
PRATYUSH CHOWDHURY - Respondent
Revision Petition No. 1390 of 2018
Decided On : 28-02-2019
Ajit Warrier, Adv., Tanvi Dubey, Adv., Siba Prasanna Ghosh, Adv.
The judgment establishes the importance of fair treatment of passengers and the responsibility of airlines to avoid causing inconvenience or mental agony to bona fide passengers.
Headnote:
Consumer Protection Act - Refund of Air Tickets - Section 21(b) of the Consumer Protection Act, 1986 - [Section 21(b) of the Consumer Protection Act, 1986] - The judgment discusses the application of the Consumer Protection Act, 1986 in a case involving the refusal of boarding by an airline due to the non-presentation of a credit card, despite the tickets being purchased using a debit card. The court highlighted the relevant provisions of the Act and the airline's Conditions of Carriage, emphasizing the obligation of the airline to provide carriage to the customer named in the booking and the need for appropriate identification proof at the time of travel. The court also referred to a previous Supreme Court ruling regarding the incorporation of conditions of carriage by reference in e-tickets. The judgment underscores the importance of fair treatment of passengers and the responsibility of airlines to avoid causing inconvenience or mental agony to bona fide passengers.
Fact of the Case:
The Complainant purchased air tickets using a debit card, but the airline refused to issue a boarding pass for failing to present a credit card, resulting in the Complainant missing the scheduled journey. The Complainant sought compensation and refund of the ticket cost, which was initially denied by the District Forum but later granted by the State Commission.
Finding of the Court:
The State Commission found that the airline's refusal to consider the debit card and denial of boarding caused mental agony and inconvenience to the Complainant, justifying the award of compensation and refund. The court dismissed the Revision Petition, upholding the State Commission's decision.
Issues: The main issue revolved around the refusal of boarding by the airline due to the non-presentation of a credit card, despite the tickets being purchased using a debit card. The court also considered the adequacy of the compensation and refund awarded by the State Commission.
Ratio Decidendi: The court emphasized the obligation of the airline to provide carriage to the customer named in the booking and the need for appropriate identification proof at the time of travel. It also highlighted the responsibility of airlines to avoid causing inconvenience or mental agony to bona fide passengers.
Final Decision: The Revision Petition was dismissed, and the State Commission's decision to award compensation and refund was upheld.
JUDGMENT/ORDER :
M. Shreesha, Member
1. Challenge in this Revision Petition under Section 21 (b) of the Consumer Protection Act, 1986 (in short "the Act") is to the order dated 27.12.2017 passed by the West Bengal State Consumer Disputes Redressal Commission (In short "the State Commission") in First Appeal No. A/1367/2015. By the impugned order, the State Commission has allowed the Appeal setting aside the order of the District Forum and directed the Revision Petitioner (hereinafter referred to as "Indigo") to refund of Rs. 5,620/- (Rs. 9140-Rs. 3520) within 45 days along with compensation of Rs. 50,000/- with default interest @ 9% p.a. if the amount is not paid within 45 days.
2. The facts in brief are that the Complainant purchased confirmed Air Tickets on 24.11.2012 for his journey from Kolkata to Chennai by flight No. 6E 271 on 16.12.2012 at 6:30 a.m. and Flight No. 6E 277 from Chennai to Kolkata on 18.12.2012 at 8:30 p.m. These tickets were purchased by using International Debit and Shopping Card of State Bank of India and an amount of Rs. 9,140/- was debited from the Complainant's account. On the scheduled date of journey i.e. 16.12.2012, the Complainant had reported in time at the check in counter of Indigo at Kolkata Airport, produced the relevant journey ticket together with his photo ID card for issuance of the boarding pass. But Indigo personnel did not issue the boarding pass for flight No. 6E 271 on the ground that in addition to the mandatory requirement of Photo ID Card and the journey ticket, he had to produce his credit card by which his ticket was purchased. The Complainant was shocked with such a stand taken by Indigo and appealed to them that he does not have any credit card and the tickets were purchased by International Debit and Shopping Card and not through credit card and to issue the boarding pass. Indigo showed a clause incorporated in the ticket stating 'customers who have paid for the booking using credit cards are additionally required to present the credit card or a photocopy of the same at the time of check in'. Though the Complainant requested that the tickets were purchased through debit card and hence cannot produce a credit card, which he did not possess, Indigo personnel did not adhere to his request and insisted that he should produce a credit card which he did not have. They did not consider the debit card, which was placed before them by the Complainant and did not issue the boarding pass. Hence the Complainant was forced to stay back at Kolkata and his return journey had to be cancelled. Thereafter an amount of Rs. 5,620/- was also deducted and an amount of Rs. 3,520/- was withheld which could be adjusted for any further journey to be undertaken within 12 months.
3. It was averred that the Complainant being a religious man cherished his long time desire to visit Tirupati Mandir on the very first day of Bengali winter month (first day of the month Pousha), which is very auspicious for the Complainant and his family to perform 'Mannat' at Tirupati i.e. on 17.12.2012. Therefore, the Complainant purchased the tickets much in advance on 23.11.2012 itself and the tour plan was chalked out accordingly, but his long cherished religious commitment remained unfulfilled. It was averred that it was extremely difficult to get leave as the Complainant is a manager of a nationalized Bank and he had to suffer mental agony, loss of prestige at the check in counter and harassment at the airport apart from the pain of reporting at 4:30 a.m. considering he is 60 years of age. Thereafter, a meeting took place on 13.03.2013 at the office of the Assistant Director, Consumer Affairs and Indigo agreed to refund the cost of the ticket but without any compensation. Vexed with their attitude, the Complainant approached the District Forum seeking a direction to Indigo to pay a sum of Rs. 1,00,000/- towards compensation, unfair trade practice and deficiency of service and also for refund of the cost of ticket and other
