NCDRC

NCDRC

RP/2875/2012

CHAIRMAN, AIR INDIA AIRLINES (ORIGINALLY KNOWN AS INDIA LTD.) - Complainant(s)

Versus

MANORAMA & 26 ORS. - Opp.Party(s)

M/S. M.V. KINI & CO.

06 Nov 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2875 OF 2012
 
(Against the Order dated 31/03/2012 in Appeal No. 1644/2011 of the State Commission Madhya Pradesh)
1. CHAIRMAN, AIR INDIA AIRLINES (ORIGINALLY KNOWN AS INDIA LTD.)
Air India Building, First Floor,Andheri East
Mumbai - 400 021
Maharastra
...........Petitioner(s)
Versus 
1. MANORAMA & 26 ORS.
W/o Bhupinder Singh Chaudhary R/o 80 Civil Lines
Devas
M.P
...........Respondent(s)
REVISION PETITION NO. 2876 OF 2012
 
(Against the Order dated 31/03/2012 in Appeal No. 1664/2011 of the State Commission Madhya Pradesh)
1. CHAIRMAN, AIR INDIA AIRLINES (ORIGINALLY KNOWN AS AIR INDIA LTD. )
Air India Building First floor, Andheri East
Mumbai - 400 021
Maharastra
...........Petitioner(s)
Versus 
1. SUDESH & 31 ORS.
S/o Ishwar Singh Chudhary R/o 156 Subhash Chowk
Dewas
M.P
2. Smt Jyoti, W/o Arun Chaudhary
R/o 2/108 Sahani,Sahnai ,Residency M.B Road
Indore
M.P
3. Shri Ramanlal, S/o Laxmichandji Parikh
R/o 14/3 Manoramaganj,Laxmi Niwas
Indore
M.P
4. Sh Nutan, W/o Deepak Soni,
R/o 48 Juni Kasera Bakhal
Indore
M.P
5. Smt Shashibala,W/o Rajinder Kumar Jain,
R/o 164, M.G Road
Devas
M.P
6. Shri Sureshchand, S/o Kailash Chand Jain
R/o 22/1 Racecourse Road
Indore
M.P
7. Shri Udai, S/o Sajjanlal Jain
R/o 3 Greter Tirupati Nagar
Indore
M.P
8. Smt Manorma, W/o Basant Chaudhary
R/o 128 Chikitshak Naga
Indore
M.P
9. Smt Smita W/o Sanjay jain
R/o 85, M.G Road
Devas
M.P
10. Shri Sanjay, S/o Humkumchand Jain
R/o 85, M.G Road
Devas
M.P
11. Smt Rupita, W/o Shri Chintan Jain
R/o 90/B MIG Colony
Indore
M.P
12. Shri Harsh, S/o Samardhamalji Bhandari
R/o 258 Anoop Nagar
Indore
M.P
13. Smt Veena, W/o Sudesh Chaudhary
R/o 156 Subhash Chowk
Devas
M.P
14. Dr Prakash, S/o Ratanlal Jain
R/o Racecourse Road
Indore
M.P
15. Smt Sarita, W/o Kailash Jain,
R/o 164, M.G Road
Devas
M.P
16. Shri Chintan, S/o Jalnenderji
R/o 90/B MIG Colony
Indore
M.P
17. Shri Dinesh, S/o Padamsingh Jain
R/o 20 Kasera Bazar
Shajapur
M.P
18. Smt Vijayalaxmi, W/o Sureshchand Jain,
R/o 22/1 Racecourse Road
Indore
M.P
19. Shri Deepak Soni,S/o Jeevandas Soni
R/o 48 Juni Kasera Bakhal
Indore
M.P
20. Ms Parul, D/o Sanjay Jain
R/o 85 M.G Road
Indore
M.P
21. Smt Permlata, W/o Prahlad Neema
R/o 151-154, Baikundh Colony
Indore
M.P
22. Smt Shila, W/o Dinesh jain
R/o 20 ,Kasera Bazar
Shajapur
M.P
23. Shri Bhuperndersingh, S/o Bhimsing Chaudhary,
R/o 80 Civil Lines
Devas
M.P
24. Shri Kunjbhihari, S/o Nanbhai,
R/o 9 Jihari Colony,Dasshera Ground
Indore
M.P
25. Smt Shashibala, S/o Balchand Jain,
R/o Sakaar Nest, Dlpasand Colony, 12/3 Racecourse Road
Indore
M.P
26. Ms Richa, D/o Sudesh Chaudhary,
156 Subhash Chowk,
Devas
M.P
27. Shri Ramesh, S/o Nemchand Shah,
R/o Racecourse Road
Indore
M.P
28. Smt Sadhna
R/o 9, Johari Colony, Dasshera Ground
Indore
M.P
29. Smt Kamlesh, W/o Ramesh Shah,
R/o Racecourse Road
Indore
M.P
30. Smt Rekha, W/o Abhay Jain
R/o 94 Subhash Chowk
Devas
M.P
31. Arun International Tours & Travesl
G-1 Ratlam Kothi
Indore
M.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.Pradeep Dewan, Sr.Advocate with
Mr.Anupam Dhingra, Mr.Vikas Soni,
Ms.Babita and Ms.K.A. Nagamani, Advocates
For the Respondent :NEMO

Dated : 06 Nov 2012
ORDER

This order shall dispose of Revision Petitions No.2875, 4193 – 4217/2012 and Revision Petitions No.2876, 4218 – 4247/2012 by a common order as the facts and law point involved in these revision petitions is the same.  Facts are being taken from R.P. No. 2875/2012.

           Respondent No.1, along with his family and other friends had gone to Singapore and booked themselves for return journey by Air India Airlines (petitioner herein) by flight No. MI-473 departing on 24.6.2007 from Singapore to Mumbai.  According to Singapore time, the flight was scheduled at 21.40 hours and the passengers reached the airport 2 hours in advance as per rules.  As per allegations made in the complaint, the authorities had informed the passengers that the flight was on time and thereafter announced that the flight would take off after one hour.  After one hour, the complainants enquired again from the personnel of petitioner, who misbehaved with them.  In spite of waiting for 5 hours, no information was given as to at what time the flight would take off.  It was only at 12.30 in the midnight that information was given that the flight would take off at 1.30 midnight.  Thus, the flight took off after four hours of delay.  In the flight, when the passengers demanded blankets, the blankets were also not made available, with the result, some of the complainants became unwell.  The flight reached Mumbai at 4 a.m. but there was no arrangement of ladder which took 35 minutes for being brought.  At the airport,  no  coach  was  available  and  the  baggage  was delivered  at  5.55  a.m.  in  the  morning.   Complainants  had  booked Kingfisher Airlines’ Indore-bound flight whose time schedule was 7.00 a.m. but on account of delayed arrival at Mumbai, that flight was missed.  Being aggrieved, respondents filed complaints before the District Forum.

        On being served, petitioner entered appearance and filed its written statement taking the plea that the flight was delayed due to technical fault in the aircraft; that whenever there is a delay due to technical reasons which are beyond the control of the authorities, no compensation can be awarded a per the provisions of Carriage by Air Act.

        District Forum allowed the complaint the directed to the petitioner to pay to each of the complainant a compensation of Rs.5,000/- and Rs.1,000/- towards costs for the reason that the cause of delay was not announced.

        Petitioner, being aggrieved, filed the appeal before the State Commission, which has been dismissed by a common order.

Finding recorded by the fora below that the respondents were inconvenienced due to delay and that the petitioner had not informed the passengers about the cause of delay, is a finding of fact which cannot be interfered with in exercise of revisional jurisdiction.  Under Section 21 of the Consumer Protection Act, 1986, in revision, this Commission can interfere with the orders only if it appears that the Authority below has exercised jurisdiction not vested in it by law or has failed to exercise jurisdiction so vested or has acted in the exercise of its jurisdiction illegally or with material irregularity.

        We do not find any such error of jurisdiction.  This apart, the compensation awarded is only Rs.5,000/- for each of the complainant.  Cost of litigation in this Commission would be much more than the amount involved.

No ground for interference is made out.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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