NCDRC

NCDRC

MA/863/2012

AJAY KAILA AND ORS. - Complainant(s)

Versus

AIR INDIA LIMITED AND ORS. - Opp.Party(s)

MR. RAJIV TALWAR

12 Apr 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
MISCELLANEOUS APPLICATION NO. 863 OF 2012
 
IN
OP/17/2007
1. AJAY KAILA AND ORS.
...........Appellants(s)
Versus 
1. AIR INDIA LIMITED AND ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Appellant :
NEMO
For the Respondent :
Ms. Shweta Mishra, Advocate

Dated : 12 Apr 2013
ORDER

M.A. NO.863/2012 No one appears on behalf of the complainant even on the second call. M.A. No.863/2012 filed by the complainant is therefore dismissed for non-prosecution. I.A. NO.01/2012 Ajay Kalia and five others have filed a representative complaint alleging deficiency of service on the part of the Air India Ltd. on behalf of themselves and several other co-passengers in the concerned flight. Alongwith the complaint a list of number of passengers was submitted -2- which is purported to have been signed by those passengers. In order to ensure that the persons named in that list are interest in prosecuting the complaint, the complainants vide order dated 22.8.2008 were directed to file the affidavits of the persons who are named in the list of passengers. The complainants have failed to file affidavits of most of said passengers From this it appears that the persons who have not filed the affidavits in terms of the order are not interested in pursuing the complaint. As a consequence the prayer for compensation relating to those co-passengers cannot be granted. This will have impact on the issue relating to pecuniary jurisdiction. Accordingly, the matter be listed on 15.11.2013 for arguments on maintainability of the complaint. Notice to counsel for the complainants be issued.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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