Heard counsel for the petitioner, who submitted before us that the petitioner had taken due care of the complainants and on account of the delay in the flight from Delhi to Kuwait due to technical snag, the complainants had to wait at Kuwait. He further submitted before us that in fact the petitioner had given the complainants an option to go by Lufthansa -2- Flight from Kuwait to Frankfurt via London by 8.00 p.m. flight but the complainants chose to stay overnight. On the next day, they were taken by Alitalia Airways via Rome. In the process there was delay of about 24-36 hours in reaching the destination. The District Forum had come to the conclusion that there was deficiency in service on the part of the Airlines and the plea of technical snag was not accepted. However, the District Forum found that the complainant who was an elderly couple had to face difficulties, mental agony and harassment and had to perforce stay at Kuwait though at the expenses of OP-2 for the night and they reached Frankfurt after delay of 36 hours. The complainants had to spend money for giving information to their daughter regarding stay and probable flight and complainants had to incur expenses of taxi fare for reaching the house of their daughter at frankfurt. It also appears that one of the complainants lost coconscious in the process while waiting at airport. The District Forum had accordingly granted total compensation of Rs.80,440/- with interest @ 12% from the date of the order till realisation. The order of the District Forum was challenged by the present petitioner before the State Commission. The State Commission did not agree with the findings of the District Forum in so far as the delay on -3- account of technical snag was concerned, but the remaining findings of the District Forum had been confirmed by the State Commission and consequently, the appeal was dismissed with cost of Rs.5,000/-. There are concurrent findings of the fora below except for the initial delay from Delhi to Kuwait on account of the technical snag. Be that as it may, the complainants had ultimately reached the destination with delay of 36 hours and the compensation awarded by the fora below, in our opinion, is just, fair and equitable in the facts and circumstances of the case which does not call for interference in the exercise of revisional jurisdiction as we do not find any irregularity, illegality or jurisdictional error in the order of the State Commission. The revision is accordingly dismissed with no order as to costs.
......................JR.K. BATTAPRESIDING MEMBER ......................DR. P.D. SHENOYMEMBER | |