NCDRC

NCDRC

RP/2430/2011

DECCAN AVIATION LTD. (PRESENTLY KNOWN AS KINGFISHER AIRLINES LTD.) - Complainant(s)

Versus

DR. KEKI PHEROZE - Opp.Party(s)

M/S. KHAITAN & CO. LLP

23 Jan 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2430 OF 2011
 
(Against the Order dated 10/03/2011 in Appeal No. 87/2008 of the State Commission Andhra Pradesh)
1. DECCAN AVIATION LTD. (PRESENTLY KNOWN AS KINGFISHER AIRLINES LTD.)
Kingfisher Airlines Limited" Kingfieher House,, Western Express highway, Vile parle (East)
Mumbai - 400 099
Maharastra
...........Petitioner(s)
Versus 
1. DR. KEKI PHEROZE
Market Building, Flat No.5, Chenoys Fire Temple Colony, 889/3 Tilak Road, Abids
Hyderabad - 500001
AP
...........Respondent(s)

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

For the Petitioner :
Mr. Abhijeet Swaroop, Advocate
For the Respondent :
Mrs. Radha Rao, Advocate
(appeared later on)

Dated : 23 Jan 2012
ORDER

No one appears on behalf of the respondent despite issue of notice and the attorney by Mr. K. Maruthi Rao, Advocate having been filed on record. We have heard counsel for the petitioner but had not the advantage of hearing the say of the respondent / complainant despite due opportunity accorded to him. 2. The consumer dispute raised in the complaint was about the non-refund of the fare which the complainant had paid to the petitioner Airlines as he had to cancel the ticket due to the fact that the flight which was to leave Hyderabad from Bombay was postponed to 10:20 PM night instead of 12.40 noon and the complainant had to purchase the ticket from other airlines. The District Forum allowed the complaint with the direction to the Airlnes to refund a sum of Rs.5,502/- towards ticket as also the STD call charges Rs.1420/- alongwith interest @9% p.a. and a sum of Rs.2,000/- towards cost to the complainant. Not satisfied with the same, the complainant approached the State Commission for upgradation of the said relief. The State Commission has substantially modified the order of the District Forum upholding the refund of amount of ticket but had substantially increased the amount of compensation Rs.50,000/-. 3. Aggrieved by the same order, the petitioner Airlines has approached this Commission. Limited notice was issued to the respondent on the question as to whether in the given facts and circumstances, the award of Rs.50,000/- as compensation was excessive / on higher side. We have heard counsel for the petitioner. He reiterates that the award of compensation of Rs.50,000/- is on higher side and is not commensurate with the extent of deficiency even if the finding of deficiency is to be upheld. During the course of argument Ms. Radha Rao, Advocate appeared on behalf of the respondent. We find force in the submission made by the counsel for the petitioner because the main grievance of the complainant was that after the rescheduling of the flight of which he had received intimation several days in advance of the journey, the fare paid by him was not refunded despite promise. Respondent called petitioner office umpteen number of times and spent about Rs.1400/- towards telephone STD charges. Assuming all the averments of the complaint to be correct, we are still of the clear view that the compensation awarded by the State Commission is not commensurate with the nature and extent of the deficiency found on the part of the Airlines in not refunding the ticket fare within a reasonable period. In our view, it would adequately meet the end of justice if compensation awarded by the State Commission is reduced to Rs.20,000/- going by the entirety of the facts and circumstances of the case. 4. The revision petition is partly allowed. The order passed by the State Commission is modified to the above extent. Rs.28,922/- has been deposited by the Petitioner Airlines in the District Forum. The Respondent / complainant shall be entitled to withdraw the same alongwith accrued interest thereon, if any, from the District Forum. The revision petition stands disposed off in above terms.

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

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