NCDRC

NCDRC

RP/4634/2009

J.SUBRAMANIAM - Complainant(s)

Versus

AIR TRAVEL ENTERPRISES INDIA LTD. & ANR - Opp.Party(s)

IN PERSON

09 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4634 OF 2009
 
(Against the Order dated 16/11/2009 in Appeal No. 137/2006 of the State Commission Tamil Nadu)
1. J.SUBRAMANIAM
18/24, Sivaji Street, T. Nagar
Chennai - 600017
...........Petitioner(s)
Versus 
1. AIR TRAVEL ENTERPRISES INDIA LTD. & ANR
10, Montieth Road, Egmore
Chennai - 600008
2. THE MANAGER, EMIRATES
12-13, Flat No. 5, Riaz Gardens, Kodambakkam Road
Chennai - 600034
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 09 Mar 2011
ORDER

 

No one appears for the petitioner despite notice issued as far back as on 21.1.2011. Since period of more than 30 days has passed and the notice issued to the petitioner has not been received back unserved, there is assumption of service of notice on the petitioner.
Petitioner has already been heard in the matter on the question of admissibility of this petition. In the circumstances, we deem it appropriate to dispose of the petition on consideration of the grounds set up in the revision petition in order to challenge the impugned order passed by the fora below. 

We have perused the order sought to be assailed in these proceedings, passed by the Tamil Nadu State Consumer Disputes Redressal Commission in F.A. No. 137 of 2006. The appeal before the State Commission was filed by none except the petitioner / complainant against the order dated 23.12.2005 passed by the District Consumer Forum, Mylapore, Chennai in O.P. No. 374 of 2004 thereby dismissing the complaint of the complainant alleging deficiency in service on the part of the opposite party – Air Travel Enterprises India Ltd. and Emirates Airlines on account of their alleged failure to provide him a confirmed passage from Dubai to Chennai on 13.10.2003 against a return ticket which he has purchased. He having failed to avail the earlier confirmed return ticket on 04.10.2003 on account of non – receipt of visa, the Air India could also not accommodate the complainant because of non – availability of the seat and, therefore, the complainant travelled by buying a fresh ticket. Both the fora below have considered the respective pleas and the evidence and material brought on record and have returned the concurrent finding that the opposite parties could not be held guilty of any deficiency in service on the alleged premises. We have considered the matter and in our view also, the view taken by the fora below is based on the correct appreciation of the facts, circumstances and evidence and material brought on record. We do not see any illegality, material irregularities or jurisdictional error in the finding and order passed by the fora below. Revision petition being devoid of merits is hereby dismissed.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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