First Appeal No. A/1112/2014 (Arisen out of Order Dated 31/07/2014 in Case No. Complaint Case No. CC/36/2013 of District Kolkata-II (Central)). Case: Go Airlines (India) Ltd. and Ors. Vs Amit Kumar Ghosh and Ors.. West Bengal State Consumer Disputes Redressal Commission
|Case Number:||First Appeal No. A/1112/2014 (Arisen out of Order Dated 31/07/2014 in Case No. Complaint Case No. CC/36/2013 of District Kolkata-II (Central))|
|Party Name:||Go Airlines (India) Ltd. and Ors. Vs Amit Kumar Ghosh and Ors.|
|Counsel:||For Appellant: P.R. Bakshi, Advocate and For Respondents: Apurba Ghosh, Advocate|
|Judges:||Shyamal Gupta, J. (Presiding Member) and Utpal Kumar Bhattacharya, Member|
|Issue:||Consumer Protection Act, 1986 - Section 11|
|Judgement Date:||April 06, 2017|
|Court:||West Bengal State Consumer Disputes Redressal Commission|
Shyamal Gupta, J. (Presiding Member), (Kolkata)
The Appeal originates out of the order dated 31-07-2014 passed by the Ld. District Forum, Kolkata, Unit II in C.C. No. 36/2013. Being aggrieved by and dissatisfied with the same, Complainants thereof have filed this Appeal.
Case of the Complainant, in short, is that he booked an air ticket of the OP Airlines through IRCTC website on 18-12-2012 for his intended journey from Port Blair to Kolkata on 21-01-2013. Although the concerned Electronic Reservation Slip generated through the said website contained all relevant information, such as, flight No. date of journey, route, passenger details, amount, baggage rules of the airline, there was no mention of reporting time for passengers at the airport. On due date, the Complainant, along with his other family members reached the airport at 11.05 a.m. However, officials of the OP airlines refused to issue Boarding Passes to him; they also allegedly refused to make any alternative arrangement or refund the money to him. Finding no other alternative, the Complainant had to book on-spot air ticket of another airlines at a higher consideration. Being subjected to such humiliation, mental pain and agony, Complainant filed the instant complaint before the Ld. District Forum.
Per contra, case of the OP Nos. 3, 4 and 5, is that, since the cause of action arose at Port Blair, the Ld. District Forum had no jurisdiction to entertain the instant complaint. It is further stated that the electronic reservation slip mentioned that for accessing all rules and regulations, the purchaser can call the given number or check in the official site of the airline concerned. The Complainant could have viewed the E-ticket after getting the PNR number from the website of the OP airline. The flight was scheduled to depart Port Blair at 11:45 a.m. on 21-01-2013. The Complainant reached the check-in counter of the OP airline at 11:20 a.m., i.e., 25 minutes before the schedule departure time. As per Government guidelines, check-in counter at all airports close 40 minutes before the schedule departure time. Therefore, there was no deficiency in service on the part of the OPs over their refusal to issue boarding pass to the Complainant. Thus, they prayed for dismissal of the complaint.
The moot point for consideration is whether the impugned order suffers from any infirmity, or not.
Decision with reasons
Section 11 of the Consumer Protection Act, 1986 defines...
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