IMPORTANT POINTS
Deficiency in service is distinct from tortuous acts of the other party.
Onus for proving deficiency in service lies on the complainant.
Civil Aviation Requirements are only executive instructions. they do not have force of law.

JUDGMENT :

A.M. KHANWILKAR, J.

1. Leave granted.

2. The appellants, who are representatives of two different branches of an aviation company operating low cost air carrier under the name and style of M/s. Indigo Airlines have filed these appeals, taking exception to the judgment and order dated 12.9.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi (for short, ‘the National Commission’) in Revision Petition Nos. 1520-1521/2018. Thereby, the revision petitions filed by the appellants came to be rejected and the judgment and order dated 22.8.2017 passed by the District Consumer Disputes Redressal Forum, West Tripura, Agartala (for short ‘the District Forum’) in Case No. CC-35/2017, as modified by the Tripura State Consumer Disputes Redressal Commission, Agartala (for short ‘the State Commission’) vide judgment and order dated 22.2.2018 in Appeal Case Nos. A.53.2017 and A.61.2017, directing the appellants to pay to the respondents a compensation of Rs. 51,432/- (Rupees fifty one thousand four hundred thirty two only) within two months failing which to pay the same alongwith interest at the rate of 9% per annum, came to be confirmed. Additionally, a cost of Rs. 20,000/- (Rupees twenty thousand only) for filing the revision petitions against such meagre compensation amount was also imposed.

3. At the outset, the appellants made it clear that they were not so much concerned about the amount of compensation/cost ordered to be paid to the respondents, but have serious grievance about the sweeping observations made by the three fora, which were untenable, both on facts and in law. The appellants agreed to deposit a sum of Rs. 1,00,000/- (Rupees one lakh only) in the District Forum, which was a condition precedent for issuing notice to the respondents vide order dated 13.11.2018. That amount has been deposited and also withdrawn by the respondents. The matter, therefore, proceeded with the clear understanding that the appellants will not insist for refund of the amount, even if the appeals succeed on merits. The respondents, though entered appearance, the Court requested Mr. Rajiv Dutta, learned senior counsel to appear as Amicus Curiae to assist the Court.

4. Briefly stated, the respondents had booked air tickets vide PNR No. IHRNSE to travel from Kolkata to Agartala on 8.1.2017 i.e. Sunday in flight No. 6E-861, operated by the appellant-Airlines, departing at 08:45 a.m. According to the respondents, they had reported well in time at the check-in counter of the appellant-Airlines at Netaji Subhash Chandra Bose (Domestic) Airport, Kolkata and after completing necessary formalities, they were issued boarding passes for travelling by the stated flight. However, the respondents were left behind by the ground-staff of the appellant-Airlines and the concerned flight departed, without any information about its departure given to the respondents. The respondents then requested the ground-staff of the appellant-Airlines to accommodate them in the next available flight for Agartala from Kolkata. Even that request was turned down, as the respondents did not have requisite funds to procure the airtickets for the same. Instead, the ground-staff of the appellant-Airlines snatched away the boarding passes of the respondents, as a result of which the respondents had no other option but to stay back at Kolkata in a hotel for two nights, and after arranging for funds, they left by a flight of the appellant-Airlines on 10.1.2017. Resultantly, the respondents had to incur expenditure for staying back in a hotel at Kolkata for two nights. They also had to incur loss of salary, loss of education of the two accompanying children (respondent Nos. 3 and 4) of respondent Nos. 1 and 2 and mental agony, harassment, suffering and frustration. Initially, the respondents sent a legal notice through their Advocate on 28.1.2017 demanding compensation of Rs. 3,32,754/- (Rupees three lakhs thirty-two thousand seven hundred fifty-four only). As no