Punjab

Kapurthala

CC/08/32

Barinder Singh and others - Complainant(s)

Versus

Deccan - Opp.Party(s)

Sh.J.K.Behl,Advocate

24 Jul 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAPURTHALA
Building No. b-XVII-23, 1st Floor, fatch Bazar, Opp. Old Hospital, Amritsar Road, Kapurthala
consumer case(CC) No. CC/08/32

Barinder Singh and others
...........Appellant(s)

Vs.

Deccan
...........Respondent(s)


BEFORE:
1. A.K.SHARMA 2. Surinder Mittal

Complainant(s)/Appellant(s):
1. Barinder Singh and others

OppositeParty/Respondent(s):
1. Deccan

OppositeParty/Respondent(s):
1. Sh.J.K.Behl,Advocate

OppositeParty/Respondent(s):




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ORDER

Parties have effected compromise vide their statements dated 24/7/08. Counsel for the opposite party i.e. Deccan Airlines has agreed to refund the ticket amounting to Rs.5298/- to the complainant for full and final settlement of the claim to which counsel for the complainant has stated that complainant may be awarded reasonable amount of compensation apart from payment of actual air fare. 2. Facts revealed that complainant Barinder Singh had got booked a seat in the Deccan Airlines from New Delhi to Raipur on 8/12/2007 and return flight on 11/12/07 on payment of Air fare of Rs.5298/- vide Ex.C7 air ticket. This fact is also not disputed that Airline had to cancel return flight on 11/12/2007 as per direction of Airport Authority of India to the Indian Airlines due to the reasons beyond control and intimation of cancellation of flight was given to the complainant on 27/11/2007 on his mobile and also SMS and also offered for re-scheduling of flight on some other date or for cancellation of booked seat as shown in the document Ex.O2. On the other hand complainant issued notice dated 8/12/2007 Ex.C3 claiming compensation Deccan Airlines authorities has the right under the terms and conditions of Airlines vide Ex.OX to cancel the flight under certain unavoidable circumstances referred to therein and in that eventuality passenger can take full refund of fee as paid for by the passenger. However, no refund is given to 'No show 'passngers who do not report at the check-in counter on time. Inability of the passenger to either reschedule or cancel the ticket before his departure of the flight in case of flight delay beyond two hours will result in the passenger becoming a no-show after which rescheduling or cancellation of the ticket will not be possible. 3. Undisputedly Air Deccan authority had intimated about cancellation of return flight to the complainant much prior i.e. about ten days earlier from departure date i.e. 8/12/2007 under the circumstances beyond its control. Whereas complainant issued registered notice on 8/12/2007 to claim fabulous compensation only but no rescheduled flight or cancellation of ticket. Therefore, to meet the ends of justice for equitable relief, we order that apart from refund of air ticket amounting to Rs.5298/-, compensation to the extent of Rs.4500/- be paid by the opposite party i.e. Deccan Air authority to the complainant within one month from the receipt of copy of this order. However, parties are left to bear their own costs. Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room. Announced : ( Surinder Mittal ) (A.K. Sharma ) 24.7.2008 Member President.




......................A.K.SHARMA
......................Surinder Mittal