ORDER
P.D. Shenoy, Member
1. Aggrieved by the order of the State Commission dated 18.3.2004 in Appeal No. CDRSC 4/99 of the State Commission, Tripura, the petitioner has filed this revision petition before this Commission.
Cose of the complainant
2. The petitioner along with his family members had confirmed tickets from Agartala to Kolkata by Indian Airlines flight No. 1C 746 on 1,6.1997 in the economy class. The departure time was 1100 hrs. The petitioner had reported to the check-in-counter of the Agartala Airport before the closure of the counter and being last in the queue was denied to check-in at the check-in-counter. The delay was due to the break down of the army vehicle in which they were travelling. In spite of repeated requests by the petitioners, they were not issued boarding passes although they were in the queue at 10.30 a.m. The petitioners were asked to avail executive class tickets for the said journey. They paid Rs. 3,901 only being the balance of excess fare to travel in executive class,
3. As the petitioners did not get relief through issue of legal notices, they approached District Forum, Agartala for relief. District Forum after examination of the record and hearing the parties, passed an order directing the Indian Airlines to refund the amount of Rs. 3,901 to the complainants along with compensation of Rs. 10,000 and litigation cost of Rs. 2,000.
4. Dissatisfied with the decision of the District Forum, Indian Airlines filed an appeal before the State Commission. The State Commission after hearing the parties directed the Indian Airlines to refund the amount of Rs. 3,901 to the petitioner and held that as the petitioners failed to report before the check-in-counter, 30 minutes before the departure of the flight, there was negligence on the part of the complainant. Para 13 of the State Commission’s order is reproduced below:
After hearing the learned Counsel of both the parties and after going through the records and documents and evidence as adduced in the case, we are of the view that the complainants should get refund of Rs. 3,901 which they paid excess for “executive class” fare. Accordingly, the Indian Airlines is directed to refund the said amount of Rs. 3,901 to the complainants within two months from the date of judgment. Since, we have taken a lenient view in this case, it is made clear that this shall not be a precedent in other cases. Since the complainants failed to report before the check-in-counter 30 minutes before the departure of the flight, we are of the view that there was negligence on the part of the complainants. Therefore, we are of the view that the complaints are not entitled to get any compensation. Taking a liberal view we have allowed to refund the excess fare to the complainant, therefore, we are not inclined to pass any order regarding cost of the litigation.
5. The learned Counsel for the petitioners submitted that there is no proof that they failed to report at the check-in-counter 30 minutes before the departure of the flight. The petitioners have undergone harassment, hence they are entitled to compensation and costs.
Case of the respondent:
6. On the last page of the jacket of the ticket clear instructions have been printed regarding reporting time to the passengers. It has been specifically mentioned that passengers are to check-in in the airlines counter two hours before the schedule time of departure in case of Air Bus and 90 minutes in the case of Boeing and 60 minutes for other flights. Passengers have been requested to arrive at the Airport not later than the time stated to enable Indian Airlines’ Staff to complete check-in, security and other formalities. Check-in-counter for domestic services are closed strictly 30 minutes before departure. Passengers must report sufficiently in advance, in order to avoid missing the flight and inconvenience on this account. As the petitioners had failed to report 30 minutes before the scheduled time of departure, the airlines authorities had the right to give their seats to the wait-listed passengers. The complainant-petitioner had reported in the check-in-counter after 10.30 a.m. and the Indian Airlines staff showing sympathy towards complainants allowed them to travel by executive class by paying an extra amount of Rs. 3,901 and the complainants were allowed to travel on the same flight.
Findings:
7. The petitioners who are the complainants before the District Forum have not shown any documents nor have adduced evidence to prove that they had reported at the check-in-counter 30 minutes before the departure of the flight. The instructions given to the passengers on the jacket of the ticket are very clear and are devoid of any ambiguity.
8. The petitioners themselves have admitted that due to the break down the army vehicle in which they travelled to the Airport, resulted in their reaching the airport late. It is clear from the record that Airlines Authority were not at fault in denying the economy class boarding passes to the petitioners. Though, the respondents have been gracious enough to permit the petitioners to travel in the executive class on payment of the difference amount, this amount has been ordered to be refunded by the State Commission. In fact the petitioner and his family members have enjoyed the travel by executive class and also have got the money back i.e., they could have the cake and eat it too.
9. In view of the above discussions, we are not inclined to interfere with the order passed by the State Commission. Accordingly, the revision petition is dismissed. There shall be no order as to costs.