(1.) Challenge in this Revision Petition under Sec. 21 (b) of the Consumer Protection Act, 1986 (in short "the Act") is to the order dated 27.12.2017 passed by the West Bengal State Consumer Disputes Redressal Commission (In short "the State Commission") in First Appeal No. A/1367/2015. By the impugned order, the State Commission has allowed the Appeal setting aside the order of the District Forum and directed the Revision Petitioner (hereinafter referred to as "Indigo") to refund of Rs. 5,620.00 (Rs. 9140-Rs. 3520) within 45 days along with compensation of Rs. 50,000.00 with default interest @ 9% p.a. if the amount is not paid within 45 days.
(2.) The facts in brief are that the Complainant purchased confirmed Air Tickets on 24.11.2012 for his journey from Kolkata to Chennai by flight No. 6E 271 on 16.12.2012 at 6:30 a.m. and Flight No. 6E 277 from Chennai to Kolkata on 18.12.2012 at 8:30 p.m. These tickets were purchased by using International Debit and Shopping Card of State Bank of India and an amount of Rs. 9,140.00 was debited from the Complainant's account. On the scheduled date of journey i.e. 16.12.2012, the Complainant had reported in time at the check in counter of Indigo at Kolkata Airport, produced the relevant journey ticket together with his photo ID card for issuance of the boarding pass. But Indigo personnel did not issue the boarding pass for flight No. 6E 271 on the ground that in addition to the mandatory requirement of Photo ID Card and the journey ticket, he had to produce his credit card by which his ticket was purchased. The Complainant was shocked with such a stand taken by Indigo and appealed to them that he does not have any credit card and the tickets were purchased by International Debit and Shopping Card and not through credit card and to issue the boarding pass. Indigo showed a clause incorporated in the ticket stating 'customers who have paid for the booking using credit cards are additionally required to present the credit card or a photocopy of the same at the time of check in'. Though the Complainant requested that the tickets were purchased through debit card and hence cannot produce a credit card, which he did not possess, Indigo personnel did not adhere to his request and insisted that he should produce a credit card which he did not have. They did not consider the debit card, which was placed before them by the Complainant and did not issue the boarding pass. Hence the Complainant was forced to stay back at Kolkata and his return journey had to be cancelled. Thereafter an amount of Rs. 5,620.00 was also deducted and an amount of Rs. 3,520.00 was withheld which could be adjusted for any further journey to be undertaken within 12 months.
(3.) It was averred that the Complainant being a religious man cherished his long time desire to visit Tirupati Mandir on the very first day of Bengali winter month (first day of the month Pousha), which is very auspicious for the Complainant and his family to perform 'Mannat' at Tirupati i.e. on 17.12.2012. Therefore, the Complainant purchased the tickets much in advance on 23.11.2012 itself and the tour plan was chalked out accordingly, but his long cherished religious commitment remained unfulfilled. It was averred that it was extremely difficult to get leave as the Complainant is a manager of a nationalized Bank and he had to suffer mental agony, loss of prestige at the check in counter and harassment at the airport apart from the pain of reporting at 4:30 a.m. considering he is 60 years of age. Thereafter, a meeting took place on 13.03.2013 at the office of the Assistant Director, Consumer Affairs and Indigo agreed to refund the cost of the ticket but without any compensation. Vexed with their attitude, the Complainant approached the District Forum seeking a direction to Indigo to pay a sum of Rs. 1,00,000.00 towards compensation, unfair trade practice and deficiency of service and also for refund of the cost of ticket and other reliefs.