BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION

F.A.No.572 OF 2008 AGAINST C.C.NO.528 OF 2006 DISTRICT CONSUMER FORUM-I HYDERABAD

Between

Satyanarayana Minda S/o late Gajanand Minda
Hindu, aged about 63 years, Occ: Business
R/o No.4-1-648, Troop Bazar, Hyderabad

Appellant/Complainant

1.  Air Deccan,
Head Office at 35, Cunningham Road,
Opposite Canara Bank, Bangalore
rep. by its Manager

2.  The Area Manager,
Air Deccan, Branch office at Begumpet
Airport, Begumpet, Hyderabad

Counsel for the Appellant              

Counsel for the Respondents

QUORUM:     

                       The   

The factual matrix of the case is that on 27the March,2006 the appellant purchased thththth st thththth

to Hyderabad without giving intimation as to the time for the next flight. The appellant made enquiry with the representative of the respondent on 27^thMarch,2006 as to why the flight was cancelled as also the time for the next flight. The representative of the respondent had not given any reply whereon the appellant requested to reserve a ticket for evening flight for which the representative of the respondent replied that it was not possible to arrange reservation for the evening flight. Another official of the respondent spoke very rude by using filthy language stating that as and when he was informed by his higher ups. The appellant could reach Hyderabad with great difficulty by purchasing ticket to travel by train. The appellant experienced physical and mental harassment by the attitude of the respondent. The appellant claimed an amount of Rs.25,000/- towards compensation besides 

The respondents resisted the claim by filing counter stating that no guarantee can be given about the flight arrivals and departure.           

The Head-Call Centre of the respondents, Asif Ebrahim filed additional affidavit stating that the flight No.DN608 schedule to depart from Delhi on 27.3.2006 at 8.28 a.m was cancelled.   

The appellant has filed his affidavit and additional affidavit, documents marked as Exs.A1 to A13 whereas on behalf of the respondent, Navodit Mehra, Head-Legal, Asif Ebrahim filed their affidavits. 

The point for consideration is whether the appellant is entitled to any compensation and if so to what relief?

The appellant purchased four tickets for his family members to trave by flight from Hyderabad to new Delhi and return from new Delhi to Hyderabad on 9.2.2006, 20.2.2006, 19.3.2006 and 27.3.2006.   Suspecting the punctuality of the respondents, the appellants had earnestly requested them to provide assurance that the flights on the aforesaid dates would be punctual.           

The version of the respondents is that due to technical snag on 27.3.2006 the flight in question was cancelled.               

The District Forum has directed the respondents to refund the airfare paid by the appellant for purchase of the ticket for return journey from New Delhi to Hyderabad.     

In the result, the appeal is allowed in part modifying the order of the District Forum.  

                                                                                                                    PRESIDENT

KMK