NCDRC

NCDRC

RP/3295/2010

AIR INDIA & ORS. - Complainant(s)

Versus

P.K.K. PILLAI & ANR. - Opp.Party(s)

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

01 Oct 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 3295 OF 2010
(Against the Order dated 22/05/2010 in Appeal No. 231/2010 of the State Commission Kerala)
1. AIR INDIA & ORS.Air India Building, Nariman PointMumbai - 400021Maharashtra2. THE GENERAL MANAGER, CUSTOMER SUPPORT SERVICE AIR INDIA EXPRESSAir India Building, Nariman PointMumbai - 400021Maharashtra3. THE MANAGER, AIR INDIA LTD.35/1301, Collis Estate, M.G. RoadCochin - 6820164. THE DUTY OFFICER, AIR INDIA EXPRESSCollis Estate, M.G. RoadCochin - 682016 ...........Petitioner(s)
Versus
1. P.K.K. PILLAI & ANR.IX/269, VengoorAngamaly - 6835722. MRS. KAMALAM K. PILLAI, W/O. P.K.K. PILLAI"Shahsin" Villa, IX/269, VengoorAngamaly - 683572 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :Mr. Vikas Soni, ADv. for M/S. M.V. KINI & CO., Advocate
For the Respondent :NEMO

Dated : 01 Oct 2010
ORDER

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Delay of 15 days in filing the revision petition is condoned.

          Respondent had booked two tickets to travel from Kochi to Thiruvananthapuram by paying Rs.1300/- for each ticket.  The flight was cancelled due to technical snag.  The airport authority arranged an ordinary bus, which left at 2:15 p.m. and arrived at Thiruvananthapuram at about 8 p.m.  respondents filed the complaint


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before the District Forum seeking direction to the petitioners to refund the full fare paid along with compensation and costs.

          District Forum allowed the complaint and directed the petitioners to refund Rs.1150/- to each of the complainants after deducting the bus fare and also pay Rs.10,000/- to each one of the complainants as compensation.  Costs of Rs.1,000/- were awarded.

          Being aggrieved petitioners filed the appeal before the State Commission.  The State Commission dismissed the appeal by the impugned order holding that the petitioners had failed to produce any convincing evidence to prove that the flight was cancelled due to any technical snag and the same was beyond the control of the petitioners; that the bus arranged by the petitioners was an ordinary bus which caused lot a inconvenience to the passengers; petitioners had refunded the air fare to some of the passengers and not to the respondents.

          After going through the order passed by the District Forum as well as the State Commission, we do not find any infirmity in the order passed by the fora below.  If the flight could not take off because of some technical snag, petitioners should have at least arranged a

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proper transport for taking its passengers from Kochi to Thiruvananthapuram.  The petitioners should have returned the air fare to the respondents after deducting the bus fare.  Otherwise also, the amount involved is too meager.  Dismissed.            

 



......................JASHOK BHANPRESIDENT
......................VINEETA RAIMEMBER