Facts

The complaint was filed by Deyzeel Aggarwal, who had booked a confirmed IndiGo flight from Delhi to Bengaluru on 3 February 2019. On the date of travel, the airline informed him through SMS and email that the flight had been delayed and rescheduled to depart at 4:00 PM due to operational reasons.

According to the complainant, he reached the airport and approached the airline counter at about 2:45 PM for check-in. However, IndiGo staff refused to issue him a boarding pass and treated him as a "No Show" on the ground that he had not reported within the stipulated check-in time. Consequently, he was forced to purchase another flight ticket to reach his destination.

Alleging that the airline failed to refund his expenses despite repeated requests, the complainant approached the Consumer Commission seeking refund of the ticket amount, compensation for mental agony and litigation costs.

Contentions Of The Parties

IndiGo contended that the flight delay was caused by operational reasons beyond its control and that passengers had been duly informed of the revised schedule. It argued that the complainant failed to comply with the mandatory check-in requirements contained in the airline's Conditions of Carriage and was therefore correctly treated as a "No Show".

The airline further submitted that there was no deficiency in service on its part and that compensation was not payable under the applicable DGCA framework because the delay resulted from circumstances beyond its control.

Observations Of The Commission

The Commission rejected IndiGo's objection that the complaint suffered from misjoinder of parties, observing that the airline admittedly operated under the corporate name InterGlobe Aviation Limited and that the complaint could not be dismissed on such a technical ground.

On merits, the Commission noted that although IndiGo claimed the complainant had reported late, it failed to produce crucial records within its exclusive possession, including passenger check-in logs, details regarding closure of the check-in counter, or other records supporting its stand. The burden of proving these facts rested on the airline.

The Commission observed that despite being afforded an opportunity, IndiGo failed to place such evidence on record. In the absence of supporting material, the complainant's assertion that he had reported at the airport in accordance with the revised flight schedule remained unrebutted, and the airline failed to justify its decision to deny him boarding.

Referring to precedents on consumer protection and airline liability, the Commission held that contractual limitation clauses contained in the Conditions of Carriage could not operate as a complete defence against statutory remedies available under consumer law. It concluded that denying check-in and boarding without substantiating the airline's defence amounted to deficiency in service, negligence and unfair trade practice. The complainant was therefore entitled to compensation for the inconvenience, harassment and mental agony suffered by him.

Decision

Allowing the complaint, the Commission directed InterGlobe Aviation Limited (IndiGo) to refund ₹12,713, being the cost of the flight ticket, with 9% interest per annum from 20 April 2019 until realization. It further awarded ₹50,000 as compensation for mental agony, harassment and inconvenience, and ₹5,000 towards litigation costs.

The Commission directed that the amounts be paid within 30 days, failing which the entire awarded sum would carry 12% interest per annum from the date of expiry of the said period until payment.

Case Title: Deyzeel Aggarwal v. InterGlobe Aviation Limited (IndiGo)
Case No.: Consumer Complaint No. DC/80/CC/76/2019

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