Today is fixed for order.
We have given due consideration to the submission advanced by the Ld. Advocate appearing for the complainant and the imports of the complaint together with the other material on record. It appears that the Ops who run the business for letting Air Charter Services to the customers. The ailing complainant - whose health condition was then very critical - hired one Air Ambulance at Rs. 14,50,000/- from the OP upon some terms and conditions for going to Mumbai from Durgapur on 5th May, 2021 for his own treatment. He has now filed this case against them for compensation and other reliefs on three grounds such as (a) the air ambulance made a stop over at Nagpur for filling its fuel tank, (b) it took extra time of 5 hours to arrive at Mumbai and (c) it had to go for belly landing as one of its wheel fell off.
As stated in the complaint, the Air Ambulance was very old and unfit and it reached the destination at 10:00 P.M on 6th May - although it was due to arrive on 6th May at 5:00 P.M.. For such delay his health condition got aggravated which is why he is entitled to compensation.
But as per terms and conditions the Air Ambulance had the rights to make a stop- over at Nagpur for refueling purpose. As per Clause 14 of the terms and conditions the delay resulted from the stop over & belly landing is not at all culpable. From the Air Ambulance took off from Durgapur and reached Mumbai in between 5th May and 6th May - although by belly landing and one-stop-over were made. For reasons beyond the pilot's control it had to resort to belly landing and the stop-over. No wrong or foul play was committed by the Pilot. The amount of complaint's sufferance went up for no fault on the part of the pilot.The complainant has not also put blame for the delay upon the pilot. It is not also in the complaint that the matter related to his treatment at Mumbai received any set back for such delay. The complainant, as such, cannot get any relief from the Ops. By stretching his imagination only to unjustly collect compensation from the Ops he has filed this case on flimsy ground. He should be stopped.
Hence, it is ordered that :-
the case be and the same is dismissed as not being admitted.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
