Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member This is an appeal filed by complainant himself not satisfied with the compensation granted by the Forum below while allowing the complaint partly. While allowing complaint No.160/2009, District Consumer Disputes Redressal Forum, South Mumbai by its impugned judgement and award dated 20/02/2010 directed the O.P./Gulf Airways to pay lump sum compensation of Rs.25,000/- to the complainant towards mental agony, torture, etc. and also directed to pay Rs.2,500/- towards cost of litigation. But, not satisfied with the quantum of compensation granted, complainant himself has filed this appeal. The facts to the extent material may be stated as under :- Complainant/appellant herein had filed consumer complaint against the O.P./Gulf Airways having branch office at Maker Chamber, Nariman Point, Mumbai alleging deficiency in service on its part. According to the complainant he had booked three tickets for himself and for his two minor grand sons- Master Prashant H. Dharma and Master Ashwin Makhija to travel from Mumbai to London on 25/04/2008 and for return travel on 09/06/2008 by paying amount of Rs.91,683/-. E-ticket was booked on 12/04/2008 through M/s.Akbar Travel Pvt. Ltd., Mumbai who is authorised agent of M/s.Gulf Airways. According to the complainant, flight departure time on 25/04/2008 was at 13.45 hrs. from Mumbai and it was to arrive at Baharin at 14.45 hrs on the same day and on same day from Baharin it was to go to London at 15.45 hrs. It was to reach at London Heathrow Terminus at 21.00 hrs on 25/04/2008 itself. Return journey was scheduled to commence on 09/06/2008 departing from London-Heathrow Terminus at 20.25 hrs and it was to arrive at Baharin at 05.10 hrs and departure from Baharin was at 06.10 hrs and the flight was to arrive at Mumbai Airport at 12.30 hrs on 10/06/2008. Complainant’s case is that before he took flight he had sent his friend to the O.P’s office on 22/04/2008 to confirm the authenticity of the tickets. O.P’s office at Mumbai issued e-tickets to his friend showing new time of flight departure being at 17.40 hrs on 25/04/2008, arrival at Baharin at 18.45 hrs, departure from Baharin at 01.10 hrs and arrival at London-Heathrow at 06.25 hrs. on 26/04/2008. Return sector was untouched. According to the complainant, because of change of time effected at the 11th hour, he could not attend function organized by the host in London and he reached London only on 26/04/2008 at 06.25 hours and not on previous day at 21.00 hrs and he could not attend the function organized by his friend at 12 O’clock in the midnight on 25/04/2008. It was further grievance of the complainant that on the Boarding Pass issued to his minor grandson Master Ashwin his name was wrongly mentioned which could have created an emigration check problem at every Airport he was passing from. The complainant pleaded that due to change in departure time he was greatly inconvenienced along with his two grandsons and wrong mention of name of one of the grandson was the constant source of harassment and torture. Delay in reaching London also prevented him from attending the function arranged by his friend in the London and therefore, he filed consumer complaint alleging deficiency in service on the part of O.P./Gulf Airways and claimed Rs.5 Lakhs as damages for deficiency in service on the part of Gulf Airways. As per judgement of the Forum below, O.P. was issued notice, but O.P. did not contest the matter by filing written statement, affidavit and documents and therefore, Forum below was required to proceed ex-parte against the O.P. Then on the basis of affidavits and documents placed before it, the Learned District Consumer Disputes Redressal Forum by its eleven paged order, allowed the complaint partly and directed the Gulf Airways to pay lump sum compensation of Rs.25,000/- inclusive towards mental torture and mental agony and also directed to pay Rs.2,500/- as cost of the litigation. Not satisfied with the inadequate compensation granted by the Forum below, complainant himself has filed this appeal claiming enhanced compensation. We heard submission of appellant in person and Mr.A.R. Balsara, Advocate for the respondent. It is pertinent to note that after passage of award, Gulf Airways did not file any appeal and they preferred to send Demand Draft of Rs.27,812/- on 26/04/2010 to the appellant, but appellant refused to take that draft on the ground that he had already filed appeal before the State Commission and he has filed this appeal for getting enhanced compensation since according to him, paltry sum of Rs.25,000/- as compensation and Rs.2,500/- as cost of litigation is not commensurate with the deficiency in service of Gulf Airways. We are finding that the appellant is highly educated person. He is doctorate holder. He has degrees of M.Sc., L.L.B. from Sind and so also he has done F.R.E.S. from England. He held post of Professor at Sindh University, Sindh (Pakistan) and also Research fellow at the University of East Anglia, Norwish (England), Professor at Cross River State University, Uyo (Nigeria) and ultimately, he was Principal at R.K. Talreja College, affiliated to Mumbai University and he was also Chief Executive Officer with Seva Sadan Society, a regd. Public Trust at Mumbai. He was to go to London on 25/04/2008 to address august assembly there along with his two grandsons. On two counts, he had claimed damages. Firstly, because the time of flight from Mumbai to London was changed without his knowledge, behind his back without pre-intimation about the same and secondly, his grandson’s name was wrongly written on the Boarding Pass issued by Gulf Airways. On these two counts, he had claimed that he had suffered mental agony and harassment because of deficiency in service on the part of Gulf Airways. Forum below accepted his version in the absence of rebuttal evidence of O.P. In fact O.P./Gulf Airways/respondent herein did not choose to contest his complaint and complaint was decided ex-parte and respondent has also not filed appeal challenging the order passed by the Forum below. Therefore, finding recorded by the Forum below as against Gulf Airways has remained unchallenged. Appellant has filed this appeal seeking enhanced compensation. At the time of hearing of the arguments before us, the Learned Counsel for the respondent/Gulf Airways made a statement that his airways had offered Rs.60,000/- to the complainant for out of Court settlement, but complainant preferred to file complaint in the Forum below. Since, this was a statement made by Counsel for the respondent, we think it fit and proper to enhance the compensation from Rs.25,000/- to Rs.60,000/- besides cost of Rs.2,500/- already awarded by the Forum below. In the circumstances, we are inclined to allow the appeal for enhancement filed by the complainant himself and as such, we pass the following order :- -: ORDER :- 1. Appeal is partly allowed. 2. In place of Rs.25,000/- compensation awarded by the Forum below in clause No.2 of the operative part of the order, we direct O.P./Gulf Airways-respondent herein to pay sum of Rs.60,000/- to the complainant/appellant herein. Rest of the order passed by the Forum below is confirmed. 3. Parties are left to bear their own costs so far this appeal is concerned. 4. Copies of the order be furnished to the parties. |
