O R D E R
A. Rajesh, President.
1. The case of the complainant is as follows :
The complainant had purchased 5 air tickets to travel from London to Trivandrum. They started their journey on 07-08-2009 and reached Mumbai on 08-08-2009 by 11.30 a.m. The Trivandrum flight starts from the Mumbai Domestic Airport Terminal at 1 p.m. There was no assistance provided by the opposite party for taking the complainant and his family to the Domestic Terminal. The Duty Manager of the opposite party did not permit the complainant and his family to travel the scheduled flight by 1p.m. But they arranged seats in the flight scheduled at 6 p.m. and the flight reached at Cochin instead of Trivandrum. While at the Mumbai Airport, the complainant and his family were not provided with accommodation and food. The above anomaly has been caused only due to the willful negligence and deficiency in service of the opposite parties. Thus, the complainant is before us seeking direction against the opposite parties to pay a compensation of Rs. 7,75,000/-.
2. Version of the opposite parties :-
This complaint is not maintainable, since the ticket was availed by the complainant for travel on London-Mumbai-Trivandrum sector. The scheduled departure time of Mumbai-Trivandrum flight from Mumbai was on 08-08-2009 at 1 p.m. The London flight arrived at Mumbai at 10.40 a.m. The passengers were required to report at the checking counter of the Domestic Terminal by 12.15 p.m. They did not report on time and so missed the flight. Though the complainant was a “No show Passenger”, that is a passenger, who failed to report checking counter prior to its closure. He was accommodated in the next available flight. There was hardly a difference of 5 hours in between the flight which departed at 1 p.m. The opposite parties are not liable to pay any amount as claimed by the complainant.
3. The power of attorney holder of the complainant was examined as PW1 and Exts. A1 to A3 were marked on the side of the complainant. No oral evidence was adduced by the opposite parties. Ext. B1 was marked on the side of the opposite parties. Heard the counsel for the parties.
4. The only point that emanated for consideration is whether the opposite parties are liable to pay a compensation of Rs. 7,75,000/- to the complainants or not? Admittedly, PW1 is the power of attorney holder of the complainant. During cross-examination, he deposed that he has only hearsay knowledge about the incident that happened in Mumbai Airport. So the evidence of PW1does not help the complainant to substantiate his contentions in this Forum, since hearsay evidence is inadmissible in law. Exts. A1 to A3 boarding passes go to show that the complainant had booked his tickets from London to Trivandrum via Mumbai. According to the complainant, he had to suffer lot of inconveniences and mental agony at Mumbai airport since the opposite parties failed to provide boarding in the scheduled flight. The version of the opposite party goes to show that the complainant had failed to report in time for the scheduled flight on account of which thereafter, he cannot claim any compensation.
5. Apart from the contentions in the complaint, neither oral nor documentary evidence is before us to to prove the deficiency in service on the part of the opposite parties. One having failed in his bounden duty cannot thereafter accused any therefore. The complainant at least ought to have lodged a complaint either at Mumbai Airport or at Cochin Airport or at Trivandrum Airport regarding the short fall on the part of the opposite parties if at all. In the absence of any convincing evidence, we are at a loss to fasten the liability on the opposite parties. It is pertinent to note that the complainant has not cared to mount the box to depose the nightmare that he had purportedly suffered at Mumbai airport.
6. In view of the above, the picture goes to show that there has been no deficiency in service on the part of the opposite parties, since there is no plausible evidence to otherwise. Therefore, we dismiss the complaint.
Pronounced in open Forum on this the 25th day of June 2011.
