Complainant/petitioner booked tickets to go to Darjeeling.  He was to go by Kingfisher flight from Chennai to Kolkata and catch Jet Airways flight from Kolkata to Baghdogra.  Respondent No.1 – Kingfisher Airlines was to leave for Kolkata at 6:00 a.m. and the flight of Jet Airways was to leave at 12:15 p.m.  Kingfisher flight was delayed by four hours, as a result of which it left at 10:00 a.m. and by the time the flight reached Kolkata, Jet Airways flight had already left.  Petitioner missed the flight from Kolkata to Baghdogra.  He had to purchase a fresh ticket for Rs.19,690.80ps. for travel from Kolkata to Bagdora.  Petitioner represented to the respondent no.1 Kingfisher Airlines to reimburse him for the sum of Rs.19,690.80ps. which he had to spend to purchase a fresh ticket for going to Baghdogra.

          District Forum allowed the complaint and directed the respondent to refund the sum of Rs.19,690.80ps.  Rs.40,000/- were awarded by way of compensation and Rs.5,000/- as costs.  Respondents were directed to pay the amount within six weeks, failing which they were made liable to pay interest @ 9% p.a.

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          Respondents being aggrieved filed the appeal before the State Commission.  State Commission allowed the appeal and set aside the order of the District Forum by observing thus:

10.     As rightly contended by the learned counsel for the appellant, even as per the terms and conditions relating to operation of flights, the airlines are entitled to cancel the flight, without notice, and on the basis of the delay, no liability can be claimed by way of damages, by the passengers, as per the terms and conditions of the carriage, under the heading Conditions of Contract, which was not at all considered by the District Forum, from proper perspective. Therefore, when the 1^st opposite party had collected the fare from Calcutta to Baghdogra to their separate flight service, that cannot be ordered to be refunded, since the original ticket for that route was not provided by the 1^st opposite party, whereas it was provided by Jet Airways. Because of the unavoidable technical reasons, if the complainant had suffered any inconvenience, that farm part of service, which cannot be brought under the umbrella of deficiency in service. As seen from the order of the District Forum, a citation was relied on to justify the deficiency, and that case relates to delayed delivery of consignment, which has nothing to do with the delay of flight, due to technical snag. For the above said reasons, we are of the considered opinion, that the District Forum has committed an error, in fixing deficiency

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upon the 1^st opposite party, that should be erased, for which the appeal should be accepted.

          We agree with the view taken by the State Commission.  Admittedly, the ticket for travel from Kolkata to Baghdogra was purchased from Jet Airways.  The flight of the respondent no.1 Kingfisher Airlines was delayed because of some technical reasons for which the respondent no.1 cannot be held responsible and made liable to reimburse the amounts spent by the petitioner/complainant for purchasing another ticket from some other airlines.  No ground for interference is made out.  Dismissed.