- (1.) THIS appeal is directed against, order dated 22.9.2011 of District Consumer Disputes Kedressai Forum, Raipur (C.G.) (hereinafter called "District Forum" for short) in Complaint Case No.381/2010, whereby the complaint of the appellant herein, seeking compensation from respondents, on account of their not permitting the complainant to travel in a particular aircraft in Flight No.I.C.205 and thereby committing deficiency in service, has been dismissed.
(2.) THE case of the complainant/appellant before District Forum was that on 15.5.2009, he purchased a ticket for Flight No. IC 205 for 17.5.2009 for catching a flight from Kolkata to Dibrugarh, where his younger brother was studying in a Medical College. The complainant was required to go there to attend his ailing younger brother. When he reached to Calcutta Airport to catch Flight at the scheduled time and went to boarding pass counter, then he was unnecessary detained three and was not provided boarding pass. When reason was asked by him for not providing boarding pass then he was instructed to contact Station Master. When he contacted Station Master, then it was informed that on account of certain administrative reasons, he was not permitted to travel. The ticket purchased by him was cancelled and he was not permitted to travel on that particular aircraft. When he demanded refund of fare, then it was stated that there is no provision for refund of fare, but. he can travel on next day with the help of same ticket after paying Rs.500 extra. As there was no flight of Air India on next day, so he was required to stay at Kolkata for a day and was to bear the expenses. Then he travelled to Dibrugarh by Jet Airline's aircraft and was to spend Rs.4,200 on purchase of ticket. He could not reach to Dibrugarh in time and his brother was to suffer mentally as well as physically. He claimed Rs.49,997 as compensation on account of detention at Kolkata. which amounts deficiency in service and for expenses of hotel air ticket etc.
(3.) THE respondents in the reply have denied the allegations levelled by the complainant in the complaint and averred that complainant failed to reach to the check -in counter in time. It has also been averred that the District Forum, Raipur was not having jurisdiction to entertain the complaint, as cause of action, as per averments in the complaint has arisen at Kolkata and not at Raipur. The journey was also not commenced from Raipur. The ticket was also purchased from Akbar Travels, Mumbai. who has not been made party in this case. The real facts of the case have been concealed by the complainant in his complaint. In fact he was carrying a gun, which was not separately and safely packed and sealed, but, was carrying by the complainant in person. Thus, instructions issued by B.C.A.S. vide Circular No.38/205 were violated by the complainant. When it was found that he was carrying gun, then he was asked to cancel his journey for non -adherence of the guidelines of B.C.A.S. He could not reach to check -in counter in time and therefore, boarding pass could not be issued to him. Thus, no deficiency in service has been committed by the OPs/respondents. Learned District Forum, has agreed with the contentions raised by the OPs/respondents before it and dismissed the complaint by the impugned order.;