BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.No.841 OF 2020 AGAINST ORDERS IN CC.No.84/2018 DISTRICT CONSUMER COMMISSION, KHAMMAM Between:

Indigo Air Lines, Interglobe Aviation Ltd., (Indigo), R/o.Global Business Park, Gurgaon, Haryana State, India.

Rep. by Rahul Kumar, working as Associate General Counsel.

……..Appellant/Opp.Party No.1 And:

1. Parupalli Hima Prathyusha, D/o.Amarchand, Age: 23 years, Occu: Student, R/o.H.No.11-3-39, Nehru Nagar, Khammam City.

2. Praneetha Modumudi, D/o.Satya Dev, Age: 24 years, Occu: Student, R/o.Nirmal Hospital, Deshaipet Road, Warangal City and District.

………Respondents/Complainants

3. Yatra Online Private Limited, rep. by its Branch Manager, Travel Agency in Gurgaon, Haryana, 1101, 11th floor, Tower B, Unitech Cyber Park Sector, Gurugram, Haryana – 122001.

………Respondent/Opp.Party No.2 Counsel for the Appellant/Opposite Party No.1 : M/s.A.Venkatesh Counsel for the Respondents/Complainants : Sri Nelson Mathew Counsel for the Respondent/Opp.Party No.2: M/s. N.Pratap Kumar QUORUM :

HON’BLE SMT. MEENA RAMANATHAN, I/c PRESIDENT &

HON’BLE SRI. K.RANGA RAO, MEMBER – (JUDICIAL)

FRIDAY, THE 12^th DAY OF DECEMBER TWO THOUSAND TWENTY FIVE **********

Order : (PER HON’BLE SMT. MEENA RAMANATHAN, I/c PRESIDENT) 1. This appeal is filed U/s. 41 of Consumer Protection Act, 2019 by the Opposite Party No.1, praying this Commission to set aside the impugned order dated 13.12.2019 passed in CC.No.84/2018 by the District Consumer Disputes Redressal Commission, Khammam and allow the present appeal; dismiss the CC.No.84/2018; pass such other and further orders as this Commission deems fit in the facts and circumstances of this case.

2. For the sake of convenience, the parties are described as arrayed in the complaint. The Appellant is the Opposite Party No.1, the Respondents 1 & 2 are the Complainants and Respondent No.3 is the Opposite Party No.2 in CC.No.84/2018.

3. The brief averments of the complaint are as follows:

The Complainants are the Medico students. They booked flight tickets for the return journey from Dehradun to Hyderabad by paying Rs.6,400/- approximately, i.e., Rs.3,300/- and Rs.3,100/-. The flight was booked on 01.02.2017 through Yatra Online and the ticket was confirmed through Indigo. The return journey from Dehradun to Hyderabad was scheduled on 25.02.2017 at 12.30 P.M. and the Complainants reached the Airport by 12.00 P.M.

4. To their dismay, the Complainants were informed that the flight was cancelled and re-scheduled on 24.02.2017 evening at 6.00 P.M. There was no prior intimation about this to the Complainants either in written or through a message on their respective mobile phones, as a result of which they faced much inconvenience as they had to stay at the airport for six hours. They purchased two tickets by spending huge amounts and boarded the evening flight. The Complainants vexed with the attitude of the Opposite Parties, issued legal notice on 15.10.2018 claiming damages of Rs.40,000/- each for the inconvenience caused to them. A reply notice dated 24.10.2018 was received by the Complainants with false averments. Hence, the complaint is filed praying to direct the Opposite Parties to pay the damages of Rs.40,000/- each for the mental agony undergone by the Complainants.

5. The Opposite Party No.1 filed their written version stating that the Complainants have concealed material facts in order to mislead the Commission below. On 03.02.2017, the Complainants had themselves raised a re-scheduling request by calling the call centre of Inter Globe Aviation Limited/Opposite Party No.1, accordingly the staff of Opposite Party No.1 merely complied such request in strict accordance with the binding terms of the contract between the Complainants and the Opposite Party No.1 and after due confirmation.

6. It is further stated that the complaint is bad for mis-joinder and non-joinder of necessary parties. The Complainants filed the complaint against „Indigo Air Lines‟, a wrong enti