KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

REVISION 12/2011

ORDER DATED 5.4.2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

SHRI.S.CHANDRAMOHAN NAIR                    --  MEMBER

1.      AIR ASIA,                                                                             

          Nedumbassery International Airport,

          Nedumbassery, Ernakulam,

          Reptd. by its Manager.

2.      AIR ASIA

          Regd. Office at LCC Terminal,                --  REV.PETITIONER

          Jalan, KLIA S3, Kulalampur

          International Airport, reptd. by its

Manager, Air Asia, Nedumbassery

Ernakulam.                         

            (By Adv. G.K.Sudheer)

                             Vs.

1.      AJESH BABU S/o balakrishnan,

Chandresh Nilayam, Puthiyakavu,

Thripunnithura, Ernakulam.

2.      Galaxy Tours and Travels                        -- OPP.PARTIES

          KKM Complex, Near Atlantis Railway Gate.

          Kizhavana Road, Panampally Nagar,      

          Kochin 36 reptd. by its Manager.

                   (O.P.1 by Adv.Jehfer Sadhiq)

ORDER

SHRI.JUSTICE K.R.UDAYABHANU,PRESIDENT

          The revision petitioners are the opposite parties in CC.112/10 in the file of CDRF, Ernakulam.  The contention raised by the opposite parties/revision petitioners regarding territorial jurisdiction was rejected by the Forum.

          2. The matter is with respect to the air tickets purchased from the third opposite party at Kochi.  The air tickets are of the first and second opposite parties.  The dispute is with respect to the difficulties faced by the complainant, when he wanted to return from Jakarta via Kulalampur to Kochi.  The tickets were journey from Kochi to Kulalampur   and Kulalampur to Jakarta and return by the same route.   It is   the case of the complainant that he had  preponed the journey   for returning from Jakarta.  But he was not allowed to travel through the air line of the opposite parties  on the ground that by the time, the immigration rules of Malaysia  wherein Kulalampur is situated has been changed.  He had to purchase the air ticket on a higher rate of another airline.

          3. At this point, the Forum was concerned only with respect to the territorial jurisdiction.  It has to be noted that all the air tickets for onward travel and return is that of opposite parties 1 and 2/M/s Air asia.  The counsel for the appellant has relied on the decision in Sonic Surgical Vs. National Insurance Company Ltd; Civil Appeal No.1560/04 of the Supreme Court of India, Civil Appellate Jurisdiction.  We find that the fact situation in the above cited decision is different from that  of the instant case.  In the above decision, the complaint was filed in    Chandigarh  only on the ground that the branch office of the opposite parties is situated at Chandigarh.  Everything else has taken place at Ambala.  The policy was availed at Ambala.    The go-down involved  was situated at Ambala and the fire   has taken place at Ambala.    In the above fact situation the Supreme Court  has held that the branch office in the amended Section  17 (2) of the C.P. Act would mean a branch office were the cause of action has arisen.  The above observation of the Supreme Court has to be read in the light of fact situation in the above case.  We find that in the instant case the  situation is different   as the complainant has purchased the air ticket at Kochi and the destination is also at Kochin.  In the circumstances, we find that the contention that the CDRF at Cochi  is not having the territorial jurisdiction cannot be sustained.

          4. In the circumstances, we find that there is no scope for admitting the RP  filed.  The same is dismissed in limine .

          Office will forward the copy of this order to the Forum.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

 S.CHANDRAMOHAN NAIR --  MEMBER