Karnataka

StateCommission

A/1469/2012

Spicejet Ltd., - Complainant(s)

Versus

Mr.A.T.Seralathan - Opp.Party(s)

Bojanna

14 Jun 2024

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
First Appeal No. A/1469/2012
( Date of Filing : 25 Jul 2012 )
(Arisen out of Order Dated 29/06/2012 in Case No. CC/1030/2012 of District Bangalore 1st & Rural Additional)
 
1. Spicejet Ltd.,
319, Udyog Vihar,Phase-IV, Gurgaon,Haryana
...........Appellant(s)
Versus
1. Mr.A.T.Seralathan
Flat A-1, RR Regency, 428/A, III Cross, Ideal Homes Township, Rajarajeswari Nagar, Bangalore - 98
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Krishnamurthy B.Sangannavar PRESIDING MEMBER
 HON'BLE MRS. Smt. Divyashree.M MEMBER
 
PRESENT:
 
Dated : 14 Jun 2024
Final Order / Judgement

Date of Filing :25.07.2012

 Date of Disposal :14.06.2024

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:14.06.2024

 

PRESENT

 

Mr K B. SANGANNANAVAR: JUDICIAL MEMBER
(DIST. & SESSIONS JUDGE (R)

 

Mrs DIVYASHREE M:LADY MEMBER

 

APPEAL No.1469/2012

 

Spicejet Ltd.,

319, Udyog Vihar

Phase-IV

Gurgaon, Haryana

(By Mr.K.J.Bojanna, Advocate)

                                                                                            Appellant

-Versus-

 

Mr A.T.Seralathan

Flay A-1, RR Regency

No.428/A, III Cross

Ideal Homes Township

Rajarajeswari Nagar

Bangalore-98.                                                                     Respondent
(In person)                     

-:ORDER:-

 

Mr. K B. SANGANNANAVAR: JUDICAL MEMBER:

 

1.       This is an Appeal filed under Section 15 of Consumer Protection Act, 1986 by OP1 aggrieved by the Order dated 29.06.2012 passed in Consumer Complaint No.1030/2012 on the file of I Additional District Consumer Disputes Redressal Forum, Bangalore (for short, the District Forum).

 

2.       The Parties to this Appeal will be referred to as the rank assigned to them by the District Commission.

 

 

 

3.       The Commission examined the impugned order, grounds of Appeal and Appeal papers.

 

4.       Complaint came to be filed before the District Forum, wherein   sought direction to direct the OP to pay adequate compensation. The OPs as well the complainant are represented in person.  The OPs have denied the allegations of the complainant.  In view of rival contentions of the parties, the District Forum found a case in favour of complainant to pay Rs.33,061/- together with interest thereon at interest at 12% p.a from 05.05.2012 until payment within 30 days from the date of the order and further directed to pay Rs.2,000/- to the complainant towards cost of the litigation. It has come in the enquiry and it is an admitted fact that the complainant has reached the counter at airport  Bangalore at 15.35 hours which is just 25 minutes before the aircraft taking off.  It is also an admitted fact that at 15.45 hours, the doors of the aircraft were closed, till there were few minutes available for the OP to issue boarding passes to the complainant and accommodate his party in the aircraft, however that  was not  been done.  In such circumstances, we do not find any grounds or grounds, as made out in this Appeal Memo to interfere with the impugned order.  However, awarding interest at 12% p.a has to be held on higher side.  Hence, we proceed to allow the Appeal in part.  Consequently, impugned order dated 29.06.2012 passed in Consumer Complaint No.1030/2012 on the file of I Additional District Consumer Disputes Redressal Forum, Bangalore is hereby modified and directed the OP to pay Rs.33,061/- along with interest at  rate of 6% pa from 05.05.2012 till realisation and do pay Rs.2,000/- as cost of the litigation within 60 days from the date of receipt of this order. 

 

 

5.       Amount in deposit is directed to be transferred to the District Commission for needful.

 

6.       Return the LCR forthwith to the District Commission.

 

7.       Send copy of this Order to the District Commission and the parties concerned.

 

 

         

      Lady Member                    Judicial Member

*s

 
 
[HON'BLE MR. Krishnamurthy B.Sangannavar]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Smt. Divyashree.M]
MEMBER
 

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