D.VENKATA SUBRAMANIAM, SENIOR DEPUTY GENERAL MANAGER Vs. MANAGING DIRECTOR M/S AIR DECCAN, BANGALORE
LAWS(TNCDRC)-2008-3-19
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 27,2008

Appellant
VERSUS
Respondents

JUDGEMENT

K.SAMPATH, J. - (1.) The complainant in COP No.274/2005 on the file of the District Consumer Disputes Redressal Forum, Chennai (South) is the appellant herein. The complaint relates to refund of air fare and compensation from the opposite party Airlines. The case of the complainant was as follows:- He was a frequent flyer by Air Deccan for his corporate official visits and also on his family travels. He had booked a flight ticket to Hyderabad and from Hyderabad to Chennai on 11/1/2005. It was booked on 7/1/2005. The flight was originally scheduled to leave Hyderabad at 21.00 Hrs on 11/1/2005. However, on enquiry over phone he was informed by the staff of the opposite party that the flight was delayed by 45 minutes and the revised departure time was 21.45 Hrs on the same day. Since the departure time was rescheduled, the complainant went to check-in counter at 21.25 Hrs. He was informed by the staff at the counter that he was to have reported 30 minutes before the scheduled departure and that he could not therefore be allowed to board the flight. He was well in time before the departure time in the check-in counter but he was not allowed to board the flight. He had to stay back at Hyderabad and he had to spend for boarding and lodging and travel by Indian Airlines the next day by paying Rs.5,101/- as travel fare which had caused great inconvenience to him. The complainant claimed refund along with expenses on 12/1/2005 from the opposite party. The opposite party did not respond and hence a lawyers notice was issued for which also there was no reply. In these circumstances the complaint came to be filed.
(2.) Though the opposite party was served, did not appear before the District Forum and therefore was called absent and set exparte.
(3.) The District Forum, however, dismissed the complaint holding that the complainant had reported late at the check-in counter and he had to blame himself if he was not able to take the flight. The District Forum also found that the air fare was heavily discounted. He had paid only Rs.1,953.50 towards fare while the actual fare was Rs.5,101/-. Being a frequent flyer he ought to have known that one had to report 30 minutes before the scheduled departure time at the counter to take the flight. This not having been done he was not entitled to any relief.;


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