THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVANANTHAPURAM.
APPEAL NO- 200/2014
JUDGMENT DATED. 30/12/2016
(Appeal filed against the order in CC.No. 342/2010, CDRF, Ernakulam)
PRESENT:-
JUSTICE. SRI. P.Q.BARKATH ALI: PRESIDENT
APPELLANTS:
- Munshid Ali, S/o Ali,
Cheriya Thoppiloakam,
Kundungal, Kozhikode.
- Sheriyar, Kannarambath,
Thiruvannur, Kozhikode.
- Hijas Mohammed,
S/o. Mohammed,
Attarwala Apartments,
Indiar Gnadhi Road, Kozhikode.
(By Adv. Shyam Padman)
V/S
- M/s. Air Asia,
Rep. by its Airport Operation,
Manager, cochin International,
Air port, Nedumbassery,
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- M/s Air Asia,
Rep. by its Asst. General Manager,
Sales and Marketing India ) Air Asia),
C/o Track India, 7, Ponmari Towers,
Montietec Lane, Egmore, Chennai-8.
( By Adv. B.S. Sivaji , V.R. Swami Nathan)
JUDGMENT
JUSTICE. SRI. P.Q.BARKATH ALI: PRESIDENT
This is an appeal filed by the complainants in CC.No. 342/2010 on the file of Consumer Disputes Redressal Forum, Ernakulam challenging the order of the Forum dated December 21, 2013 regarding the adequacy of compensation awarded.
The case of the complainants as testified by PW1 the first complainant and as detailed in the complaint before the Forum in brief is this.
Complainants booked Air ticket on the flight of the opposite parties for the journey to Kuala Lumpur and also the returned ticket to Cochin. On December 16, 2009 complainants reached at Kuala
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Lumpur LCC Terminal. After customs clearance immigration, security checking and issuing boarding passes they were restrained at the bodying gate by the security officer of the opposite parties without assigning any reason. The visa of the complainants were cancelled at the air port upon the issuance of boarding passes. They were compelled to spend all the night in the air port. Complainants had to purchase separate ticket for the return journey to Thiruvananthapuram as there was no flight available to Cochin on the next day. They had to spent 1,734/- Ringitt Malasia each . Therefore complainants claimed compensation of Rs. 4,50,000/- and a cost of Rs. 15,000/- .
Opposite parties are M/s. Air Asia represented by its Air Port operation Manager at Cochin and the Assistant General Manager at Chennai. They in their version contended thus before the Forum. The complainants checked in on their flight to Cochin 13. 14 hours which is approximately just 12 minutes before the counter closed. Complainants agreed to purchase the flight ticket to
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Thiruvananthapurm since the flight of the opposite parties to Cochin on the next day was fully booked . Therefore complaint has to be dismissed.
The first complainant was examined as PW1 and Exbt. A1 to A5 were marked on their side and DW1 was examined and Exbt. B1 was marked by the opposite party before the Forum. On an appreciation of evidence the Forum found that there is deficiency in service on the part of the opposite parties and directed them to pay a compensation Rs. 25,000/- to each complainants and a cost of Rs. 2000/-. Complainants have come up in appeal challenging the order of the Forum in so far as it did not grant adequate compensation.
Heard both the counsels.
The only question which arise for consideration is whether compensation awarded by the Forum is adequate.
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The Forum awarded a compensation of Rs. 25,000/- on the ground that complainants had to take ticket to Thiruvananthapurm by spending Rs. 1,734/-. But actually it was 1,734/- Ringitt Malasia which would be equal to Rs. 34,650/-, as seen from the documents produced by the complainants. That being so the compensation awarded by the Forum Rs. 25,000/- each to the complainants appears to be inadequate. Taking in to account the fact that complainants had to spent Rs. 1,560/- towards baggage charges 3,408/- to each to convience fee Rs. 8,744/- towards terminal transfer charges and 12,500/- paid for the original return booked ticket, I feel that a compensation of Rs. 10,000/- to each of the complainants would be reasonable.
In the result appeal is allowed. The impugned order of the Forum is modified to the effect that opposite parties are directed to pay a compensation of Rs. 1,00,000/- to each of the complainants and a cost
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of Rs. 5,000/- in addition to the cost of Rs. 2000/- ordered by the Forum.
JUSTICE. P.Q.BARKATH ALI: PRESIDENT
Sh/-
