Passenger's Own Delay in Reaching Check-In Counter Absolves Airline of Liability, State Commission Reverses District Forum's Order: Chhattisgarh State Consumer Disputes Redressal Commission - 2025-01-09

State Commission Overturns Ruling, Absolves IndiGo of Liability in Boarding Denial Case

Raipur, Chhattisgarh – The Chhattisgarh State Consumer Disputes Redressal Commission has overturned a District Commission order, ruling in favor of IndiGo Airlines in a case involving a passenger who was denied boarding after his flight was delayed. The Commission held that the passenger's failure to report to the check-in counter within the stipulated time, as per the airline's Conditions of Carriage, was the reason for his being marked a "No-Show," not a deficiency in service by the airline.

The bench set aside the District Commission's order that had directed IndiGo to refund the ticket cost of ₹9,600 with interest, along with compensation for mental anguish and litigation costs.

Background of the Dispute

The case was brought by Avinash Gunjal, who had booked a round-trip ticket with his wife from Raipur to Indore on December 23, 2015, to attend a family wedding. The flight, originally scheduled for 8:40 AM, was delayed by nearly three hours, with the final rescheduled departure time communicated as 11:35 AM.

Mr. Gunjal claimed he arrived at the airport at 10:30 AM, well before the rescheduled departure. However, he was stopped at the entrance because the year '2015' was missing from his e-ticket. He alleged that correcting this error at the IndiGo counter took 15 minutes, and by the time he proceeded to check-in, the staff refused to issue a boarding pass, stating he was late. This led him to file a complaint with the District Consumer Disputes Redressal Commission, Raipur, alleging deficiency in service.

The District Commission had previously ruled in Mr. Gunjal's favor, finding the airline at fault.

Key Arguments in the Appeal

IndiGo's Position: The airline, in its appeal to the State Commission, argued that its actions were strictly in accordance with its 'Conditions of Carriage' (COC), a binding agreement with the passenger. Their key arguments were:

- Late Arrival: IndiGo's official records showed that Mr. Gunjal approached the check-in counter at 11:06 AM, by which time the counter had already closed as per policy (45 minutes prior to departure). The flight's actual departure time was 11:13 AM.

- Third-Party Fault: The ticket was booked through a third-party agency, Ibibo Web Pvt. Ltd. IndiGo contended that any error on the ticket, such as the missing year, was the responsibility of the booking agent, who was not made a party to the case by the complainant.

- No-Show Policy: As Mr. Gunjal failed to report for check-in on time, he was correctly classified as a "No-Show," and the subsequent refund was processed as per the applicable rules for such cases.

Passenger's Stance: Mr. Gunjal's counsel maintained that he reached the airport an hour before the rescheduled flight time. He argued that the delay was caused by the defective ticket issued by the airline and their subsequent time-consuming correction process. He asserted that even after the delay, there was still sufficient time (50 minutes) before the flight's departure, and the denial of boarding was arbitrary and constituted gross negligence.

Commission's Findings and Rationale

After reviewing the evidence and arguments, the State Commission found merit in IndiGo's appeal. The judgment highlighted several key points:

• Burden of Proof: The complainant, Mr. Gunjal, claimed to have arrived at the airport at 10:30 AM but failed to produce any concrete evidence to support this assertion.
• Official Records: In contrast, the airline's documentary evidence, including a note from an official on the ticket stating "Pax reported after counter closure" at 11:00 AM and system records showing an 11:06 AM arrival, was deemed more credible.
• Binding Conditions of Carriage: The Commission emphasized that the Indigo COC is a binding contract. Article 8.1 of the COC clearly states that check-in counters close 45 minutes before departure. By arriving after this deadline, the passenger had breached the terms of carriage.
• Liability for Ticket Error: The Commission agreed with IndiGo that the responsibility for the ticket error lay with the third-party booking agency, Ibibo, which the complainant had failed to implead in the case. Therefore, IndiGo could not be held liable for the initial delay at the airport entrance.

The Commission's order stated:

"The District Commission erred by not giving due consideration to the documentary evidence presented by the appellant (IndiGo) and by overlooking the binding terms of the Indigo COC... The complainant failed to check-in on time due to his own negligence, which resulted in him missing the flight."

Final Decision

The State Commission concluded that IndiGo had acted in accordance with its established policies. It found no deficiency in service on the airline's part, as the passenger was declared a "No-Show" due to his late arrival at the check-in counter.

Consequently, the appeal filed by IndiGo was allowed, the order of the District Commission dated November 25, 2021, was set aside, and the original complaint filed by Avinash Gunjal was dismissed.