Kerala

Trissur

CC/07/253

Kunju Moidu - Complainant(s)

Versus

Chairman Air India - Opp.Party(s)

P Satish Kumar

02 Sep 2010

ORDER


CONSUMER DISPUTES REDRESSAL FORUMAyyanthole , Thrissur
Complaint Case No. CC/07/253
1. Kunju Moiduson of Mohamed unni PO,Vadakekad ...........Appellant(s)

Versus.
1. Chairman Air IndiaMansalaya building,5 th floor,15.Barakhana Road,New Delhi.2. Manager Air IndiaNedumbassery Air Port,CochinErnakulamKerala3. Air India Rep by ManagerThrissur Booking officeNear ST bustand,ThrissurThrissurKerala ...........Respondent(s)



BEFORE:
HONORABLE Padmini Sudheesh ,PRESIDENTHONORABLE Rajani P.S. ,MemberHONORABLE Sasidharan M.S ,Member
PRESENT :P Satish Kumar, Advocate for Complainant
Joseph and kurian , Advocate for Opp.Party

Dated : 02 Sep 2010
JUDGEMENT

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By Smt. Padmini Sudheesh, President:
 
          The complaint is filed to get compensation from Air India for the alleged deficiency in service conducted by the respondents. It is alleged that the delay of flight was due to the deficiency in service on the part of respondents. 
          2. The respondents filed counter by challenging the maintainability of the complaint before the Forum. They filed I.A.129/10 to hear the maintainability as a preliminary issue. It is stated that no cause of action arose within the territorial jurisdiction of this Hon’ble Forum and this Forum is not having the territorial jurisdiction to entertain the above complaint. According to the respondents, the first and 2nd respondents are at New Delhi and Cochin respectively. The 3rd respondent is at Thrissur with whom the complainant had no transaction whatsoever. They further stated that the 3rd respondent is mischievously arrayed as a respondent so as to make it appear that the cause of action took place within the jurisdiction of this Forum. 
 
          3. Heard. In the complaint it is stated that the complainant purchased air ticket for travel from Kuwait to Kochi and Kochi to Kuwait. His ticket for return journey was booked for 25th June 2005 through Air India flight AI-857 from Kochi to Kuwait with scheduled time of departure at 7.30 p.m. and the ticket was confirmed through Air India Office, Thrissur. There is no other averment with regard to the involvement of 3rd respondent in this case. It is not stated from where the ticket was taken. If it was from 3rd respondent it would definitely be pleaded in the complaint. As per the averments in the complaint there is no cause of action wholly or partly arose at Thrissur within the jurisdiction of this Forum. The confirmation of ticket through Air India, Thrissur office is not sufficient to bring cause of action at Thrissur. It can be said that as stated by the respondents the 3rd respondent is made a party only to file complaint before this Forum. The complaint lacks territorial jurisdiction to stand before this Forum. So the complaint is liable to be dismissed with liberty to approach the proper Forum.
 
          4. In the result, the complaint stands dismissed.
 
 
          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 2nd day of September 2010.

[HONORABLE Rajani P.S.] Member[HONORABLE Padmini Sudheesh] PRESIDENT[HONORABLE Sasidharan M.S] Member