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In this case of INDIGO Vs KALPANA RANI , in which the respondent who booked a flight from Kilkata to Agartala could not get her flight as she alleges that airlines authority departured the flight without her knowledge also her request to accomodate in the next flight was also not given ay heed. She further alleged that it was "deficiency in service" which was shown by the INDIGO Airlines and filed a case in the District forum for compensation of Rs 3,77,770 also claiming along with the interest at the rate of 12 % per annum. To which Indigo Airlines argued that the passenger failed to comply with the rules of the airlines i.e Conditions of carriages also they mentioned that it was in rule book that boarding gates will be closed before 25 minutes of the departure to which passenger does not give any heed to and it was clearly not an obligation of the Airline authorities to wait for the passenger. Thus they contended there was no fault on their part but it was mistake of the Appellant ( Kalpana Rani in the proceedings of district forum, who later in the SC became respondent).
Consumer forum of district level thereby, allowing the complaint opined that no airlines have failed to proof that there was any assistance provided to the plaintiff(Kalpana Rani) and thus awarded them the cpompensation amount of Rs 41, 432 to be payable within two months . Later the aggrieved respondent(Indigo Airlines) approached to the state commision which further enhanced the compensation to be paid amount to Rs 51, 432 citing the principle of duty of airlines to take care of the passengers. Therefore , appellant (Indigo Airlines) brought their case to National Commision for revision of the judgement which was rejected by the National Commision and Judgement was held binding.
Later Appellants brought the case to Hon'ble Supreme Court arguing that three consumer forums have erroneously given decisions withput asserting and interpreting the principles of "burden of Proof" and "pleadings". It was further contended by them that Airlines are not obliged to provide accomodation to passengers in the situation of non compliance of the rules of the airlines and being at fault for not reaching the boarding gate in the time given. Also. they contended that they were not at fault and there was no "deficiency in service" as alleged by the Respondent. And Airlines have to depart the flights as soon as they get the signals from ATC.
SC after hearing the proccedings and considering the decisions given by the three forums held that respondent have failed to prove any "deficiency in service" by the airline authorities and it is certainly the responsibility of passenger to reach the boarding before time i.e time prescribed by the rule book of airlines. and not held INDIGO Airlines responsible.
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