Punjab

StateCommission

FA/749/2013

Savitri Devi - Complainant(s)

Versus

Sri Guru Ram Dass Jee International Airport. - Opp.Party(s)

Anil Chawla

27 May 2015

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,  PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

                                                        

                             First Appeal No.749 of 2013

 

 

                                                          Date of Institution: 09.07.2013  

                                                          Date of Decision:         27.05.2015

 

 

Savitri Devi aged 64 years widow of Late Sh. Bhagwan Singh, resident of A-143, G.T Road, Amritsar.

 

                                                                    …..Appellant/Complainant

                                       Versus

 

Sri Guru Ram Dass Jee International Airport, Amritsar through its Director.        

                                                                                                                                                                   ….Respondent/Opposite party

 

         

First Appeal against order dated 08.05.2013 passed by the District Consumer Disputes Redressal Forum, Amritsar

Quorum:-

 

          Shri J. S. Klar, Presiding Judicial Member.

          Shri Vinod Kumar Gupta, Member     

 

Present:-

 

          For the appellant                             :  Sh. Anil Chawla, Advocate

          For the respondent               :  None

………………………………………………………………………………

 

J. S. KLAR, PRESIDING JUDICIAL MEMBER:-

                            

          The appellant (the complainant in the complaint) has directed this appeal against the respondent of this appeal (the opposite party in the complaint), challenging order dated 08.05.2013 of District Consumer Disputes Redressal Forum (Additional Bench) Amritsar, dismissing the complaint of the complainant by relegating her to Civil Court for redressal of her grievances. The instant appeal has been preferred against the same by the complainant now appellant in this appeal.

2.      The complainant Savitri Devi has filed the complaint U/s 12 of the Consumer Protection Act, 1986 (in short, "the Act") against the OPs on the averments that her husband Bhagwan Singh retired as Chief Manager from State Bank of India Batala and was drawing pension from State Bank of India ranging between Rs.12,000/- to Rs.14,000/- per month. Her husband booked seat of flight of Air India from Amritsar to Delhi and return seat of Indian Airlines through Sawera Travels (P) Limited on 14th September 2009 and he was allotted ticket bearing No.IC/ETKT 098 4798539205 with date of departure 25.09.2009 at 5.25 AM from Amritsar to Delhi and return  ticket no.AI/ETKT 098 4798539206 at 19.00 from Delhi to Amritsar on 25th September 2009 against payment of Rs.3600/- + Rs.2229/- towards air fare. Her husband hired the services of OP for valuable consideration and thus became consumer of the OP. The husband of the complainant boarded taxi/cab no.5151515 at 4.00 Am on 25.09.2009 and reached the airport at 4.20 AM. He suddenly felt some problem at departure hall, Airport Amritsar. It was duty of the Airport Authority to provide first aid to him by calling some doctor, but instead of providing any such first medical aid to the husband of the complainant, the officials of the airport authorities gave telephonic call to the complainant intimating about problem faced by her husband. The son of the complainant along with family members visited the airport and found her father lying on the floor in an unattended condition by the official of the airport authority and on request of the son of the complainant, the doctor was called and the husband of the complainant was declared dead. It was too late to attend the deceased. DDR No.34 dated 25.09.2009 was lodged with P.S Rajasansi to this effect. The postmortem of the dead body of the husband of the complainant was also conducted at Government Medical College Amritsar on 25.009.2009. The husband of the complainant suffered heart problem at the airport at departure hall. It was bounden duty of the officials of the OP to provide the best medical aid to him by calling the doctor. Instead of providing any such medical aid, the OP rather called the family members of the deceased and thereby let the husband of the complainant to die. The OP is negligent in not providing medical aid to the husband of the complainant and letting him to die unattended by them. Therefore, the complainant has, thus, filed the present complaint by directing the OP to pay compensation of Rs.9 lac on account of its negligence for not providing medical aid to the husband of the complainant, when he was in critical condition. The complainant is widow and has, thus, became legal representative of the husband of the complainant and is entitled to file the  present complaint.

3.      Upon notice, OP filed written reply by raising preliminary objections that complaint is not maintainable and is barred by time. The complaint is bad for non-joinder of necessary parties. The airport authority of India is an integral part of Union of India and Union of India Ministry of Civil Aviation has not been impleaded as a party in this case. The factual matter is complex and it can only be adjudicated by competent Civil Court. The complainant has not come to the Consumer Forum with clean hands and has filed the complaint without any locus standi or cause of action. On merits, OP admitted this fact that husband of the complainant booked seat of flight of Air India from Amritsar to Delhi and return seat of Indian Airlines through Savera Travels on the above-referred dates. It was denied that husband of the complainant hired the services of the OP for valuable consideration and became consumer. It was further averred that husband of the complainant never hired the services of the OP for valuable consideration. Bhagwan Singh complainant since deceased reached the airport at about 4.55 A.M in the departure hall, he felt uneasiness and became unconscious, and immediately the CISF staff on duty informed to Airport Health Officer Dr. Arvind Singh and Dr. Navpreet Singh, at about 5.00 am both the said doctors reached at the spot and attended him and tried their level best to save him, but he could not survive and he was declared dead by the said doctors. Even ambulance was also called at 4.55 am, but the same was of no use due to sudden death of the deceased. The matter was also reported to SHO Police Station Airport in this regard. The contact number of the son of the deceased was found from the cell phone of the deceased and due intimation was given to him accordingly. The OP further averred that complex matter is involved in this case, which cannot be adjudicated in summary proceedings by Consumer Forum and OP hence prayed for dismissal of the complaint.

4.      The complainant tendered in evidence, the affidavit of the complainant Savitri Devi Ex.C-1, copy of voter card Ex.C-2, copy of letter dated 25.09.09 Ex.C-3, copy of receipt Ex.C-4, copy of postmortem report Ex.C-5, copy of death certificate of Bhagwan Singh Ex.C-6, affidavit of Vipan Kumar son of Bhagwan Singh deceased Ex.C-7, statement of account of Bhagwan Singh Ex.C-8. As against it, OP tendered in evidence affidavit of Sh. Sunil Dutt, Director Airport Authority Ex.R-1. On conclusion of evidence and arguments, the District Consumer Disputes Redressal Forum Amritsar, dismissed the complaint of the complainant by relegating her to Civil Court for redressal of her grievances. The instant appeal has been preferred against the same by the complainant now appellant in this appeal. Dissatisfied with the order of the District Forum dated 08.05.2013, the complainant being legal representative of Bhagwan Singh since deceased has preferred this appeal against the same.

5.      We have heard learned counsel for the appellant and have also examined the record of the case, whereas none has appeared on behalf of respondent in this case before us at the time of arguments of this appeal. The evidence on the record has been examined by us minutely. The affidavit of the complainant Savitri Devi Ex.C-1 on the record, Ex.C-2 is voter card of the complainant, Ex.C-3 is letter dated 25.09.2009 to Bhagwan Singh since deceased. Ex.C-5 is postmortem report of Bhagwan Singh since deceased, husband of the complainant, Ex.C-6 is death certificate of Bhagwan Singh, Ex.C-7 is affidavit of Vijay Kumar son of Bhagwan Singh on the record. Ex.C-8 is statement of account of Bhagwan Singh. The OP tendered in evidence affidavit of Suneel Dutt, Director Airport Sri Guru Ram Dass Jee International Airport Raja Sansi Amritsar Ex.R-1 on the record. He has sworn in this affidavit that the husband of the complainant booked a seat of flight of Air India from Amritsar to Delhi and return seat of Indian Airlines through Savera Travels on 14.09.2009 as pleaded in the complaint. It was further averred that no medical aid was provided to the husband of the complainant. It is stated in this affidavit on oath that Bhagwan Singh since deceased reached at the airport at 4.55 am in departure hall and he felt uneasiness and became unconscious. The CISF Staff on duty informed Airport Health Officer Dr. Arvind Singh and Dr. Navpreet Singh, who were on duty at that time and tried their level best to save him but passenger could not survive and he was declared dead by the said doctors. Even the ambulance was also called at 4.55 am but the same was of no use due to sudden death of deceased Bhgwan Singh. The matter was immediately reported to SHO Police Station Airport as well. The contact number of son of the deceased was found from the cell phone of the deceased and information was given to the son of the deceased accordingly. Post-mortem of the dead body of the husband of the complainant was conducted in Government Medical College Amritsar on 25.09.09. Any negligence on the part of the OP was specifically denied in this affidavit. It was rather stated that doctors attended the deceased but could not save him despite their best efforts.

6.      On the basis of the above-referred evidence, the District Forum ordered the complainant to avail her remedy from competent Civil Court on account of complexity and intricacy of the matter in dispute. We find that the order of the District Forum suffers from no legal infirmity. There is version and counter version as to whether medical aid was provided to Bhagwan Singh deceased at the airport by both the sides. There is plea taken in the written reply by the OP supported by the affidavit of Suneel Dutt, Director Airport Sri Guru Ram Dass Jee International Airport Raja Sansi Amritsar that Dr. Arvind Singh and Dr. Navpreet Singh duly attended the deceased and did their best efforts, but they could not save him. The deceased died at the airport despite best efforts made by the above doctors. It is further stated in the affidavit that even ambulance was also called at 4.55 am to provide medical aid to deceased. The point involved for adjudication is whether any negligence on the part of OP is involved in this case or not. We find that the matter cannot be adjudicated without recording elaborate evidence involving cross-examination, and re-examination of the witnesses. The OP has also taken specific stand that their doctors reached at the airport and attended Bhagwan Singh since deceased and did their best efforts to save him, but could not save him. We find that order of the District Forum relegating the complainant to approach competent civil court to seek redressal of her grievance on account of complex matters calls for any interference in this appeal. We affirm the order of the District Forum in this appeal.

7.      As a result of our above discussion, appeal of the appellant is found without any merit and same is hereby dismissed.

8.      Arguments in this appeal were heard on 25.05.2015 and the order was reserved. Now the order be communicated to the parties.

9.      The appeal could not be decided within the statutory period due to heavy pendency of court cases.

 

                                                                          (J. S. KLAR)

                                                             PRESIDING JUDICIAL MEMBER

 

 

                                                               (VINOD KUMAR GUPTA)

                                                                        MEMBER

 

                      

                                                         

May 27   2015.                                                               

(ravi)