STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 12.05.2022 Date of decision : 17.05.2022 Indigo Airlines, through its Managing Director, Registered office at Upper Ground Floor, Thapar House, Gate No.2, Western Wing, 124 Janpath, New Delhi-110001.

Email: corporate@goindigo.in ….Petitioner/Opposite Party No.1 Versus

1. Mayuri Rajpal aged about 32 years D/o Rajeev Rajpal, permanent resident of House No.3275, LIG, Sector-70, S.A.S. Nagar, Mohali now working at Five Palm Jumeirah, Dubai, through her father Sh. Rajeev Rajpal S/o Sh. O.P. Rajpal, R/o House No.3275, LIG, Sector-70, S.A.S. Nagar, Mohali (Punjab) as her Special Power of Attorney.

….Respondent No.1/Complainant

2. Make MyTrip India Pvt. Ltd., through its Managing Director, Principal Executive offices at 103 Udyog Vihar, Phase 1, Gurgaon, Haryana 122016, India, telephone number is (91-124)439-5000.

www.makemytrip.com.

3. Chandigarh International Airport Ltd., through its Authorized person, Corporate Office:- New Civil Air Terminal, Village Jhurheri, Mohali (Punjab) 140306, 0172-2242004, 0172-2242003.

ceo@chial.org.

….. Respondents No.2&3/Opposite Parties No.2&3 Revision Petition under Section 47(1)(b) of the Consumer Protection Act, 2019 against the order dated 12.04.2022 passed by the District Consumer Disputes Redressal Commission, S.A.S. Nagar (Mohali).

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Mr. Rajinder Kumar Goyal, Member Mrs. Urvashi Agnihotri, Member.

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present:-

For the petitioner : Sh. Amandeep Singh, Advocate JUSTICE DAYA CHAUDHARY, PRESIDENT The present revision petition has been filed by the petitioner/OP No.1 (Indigo Airlines, through its Managing Director) under Section 47(1)(b) of the Consumer Protection Act, 2019 (in short the “Act”) to challenge the impugned exparte order dated 12.04.2022 passed in Consumer Complaint No.775/2021 by the District Consumer Disputes Redressal Commission, S.A.S. Nagar (Mohali) (in short, “the District Commission”).

2. Briefly, the facts of the case as mentioned in the present revision petition are that respondent No.1/complainant-Mayuri Rajpal through her father Sh. Rajeev Rajpal filed a complaint before the District Commission against the petitioner company/OP No.1 and others. OP No.1 had undertaken the airline operations in India domestically as well as other certain international destinations. It was registered under the Corporate name i.e. “Inter Globe Aviation Limited”. Notice was issued to Inter Globe Aviation Limited on 09.03.2022. The matter was entrusted to their Law Firm namely ‘White and Brief Advocates and Solicitors’ in Delhi for handling of the case. On 10.03.2022 one Counsel namely Mr. Amandeep Singh was instructed to handle and appear in the matter before the District Commission. It is further mentioned that the case was to be listed on 12.04.2022 before the District Commission but the Clerk of the standing counsel noted down the wrong date as 14.04.2022 instead of 12.04.2022 whereas it was holiday on 14.04.2022 at the District Commission due to Baisakhi. The written version was to be filed. The counsel came to know that the matter was already listed on 12.04.2022 and not on 14.04.2022 and he could not appear on 12.04.2022 due to said reason and the following order was passed by the District Commission:-

“As per office report, Registered notice along ‘acknowledgement’ due was sent to OP No.1 on 24.02.202, not received back served or unserved. 30 days time has elapsed. It is presumed that notice has been duly served upon OP No.1. Case called several times during the day. None appeared on behalf of OP No.1.

Therefore, OP No.1 is proceeded against ex-parte.

Notice sent to the OP No.2 received back but the report is not clear. Let fresh notice to OP No.2 be issued for 29.06.2022.”

3. Learne