IN THE HIGH COURT OF KARNATAKA
B. VEERAPPA, J.
Dr. S.J. Rajalakshmi and Others – Appellants
Versus
The Manager and Others – Respondents
Writ Petition Nos. 2432, 6232-6234 of 2017
Decided On : 25-09-2019
Constitution of India,1950 - Article-17, 21 , 14 , 226 and 227 - Aircraft Act, 1934 - Section 5 - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Section 44 - Code of Criminal Procedure,1973 - Section 154 - Indian Penal Code ,1860 - Section 166 - Non-discrimination in transport - Power of Central Government to make rules - Protection of life and personal liberty - Equality before law - Whether petitioners have made out a case to award compensation as sought for in present facts and circumstance of the case - Whether information reveals a cognizable offence or non-cognizable offence - Whether such a situation existed when Jeeja Ghosh was deboarded - Whether decision was taken by airlines after taking due deliberations and with medical advice - Whether her condition was such which prevented her from flying. This clearly amounts to violation of Rule Rules and the CAR, 2008 guidelines - Whether written or unwritten - Petitioners Respondent Travels has conducted customized tour for 16 days as per - Petitioners have paid respondent tour conducted - It is further case of petitioners that they have booked air tickets from Bengaluru to London and London to Bengaluru separately through Respondent Nos.1 and 2 along with the wheel chair - petitioners booked air tickets to London through Air India after paying the entire air ticket charges. When petitioners reached the London at wheel chair of 1st petitioner was not provided by the Respondent Nos.1 and 2 - Air India at London Airport - Petitioners lodged complaint to the Police and the concerned authorities of the Air India on that day itself. But no reply was received nor assisted petitioners - contended, the petitioners had planned to go to Scotland, but the same was missed because – Held, Court is of the considered opinion has to be taken as loss of income for a period of six months. Though petitioners claim compensation/damages additional expenses spent till today, this Court is of the considered opinion that respondents have unnecessarily driven the petitioners before Court without solving the problem, when deficiency of service is admitted. Taking into consideration the violation of Articles 14 and 21 of the Constitution of India, violation of the provisions of the Aircraft Act and Rules, and Section 44 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, this court is of the opinion that the petitioners are entitled compensation/damages - Writ petitions are allowed in part
ORDER :
1. The 1st petitioner-Dr. S.J. Rajalakshmi, who is physically disabled of 75% permanent physical impairment as per the Medical Certificate issued by the Medical Superintendent, Victoria Hospital and the 2nd petitioner who is aged about 63 years as on today, are before this Court for a direction to direct the Respondent No. 3 to refund an amount of Rs.5,70,000/- collected prior to the tour from the petitioners and to direct Respondent Nos.1 and 2 to refund Air ticket charges from Bengaluru to London; London to Scotland; Scotland to London; and London to Bengaluru as per Annexures - Z-Z6, Z9 to Z12 and also direct the Respondent No. 3 to get back luggage from Sheraton Hotel, London and to direct the respondents to make good a loss of medical practices on account of the hospitalization for a period of six months as they have lost of practice as doctors and to direct the respondents to pay medical expenses incurred by the petitioners as per the memo filed before this Court and to direct the respondent No. 4 to file the charge sheet on the complaint made by the petitioners against the persons mentioned therein.
I FACTS OF THE CASE
2. It is the case of the petitioners that Respondent No. 3 - Smt. Sumithra Ezi Drive & Travels has conducted customized tour for 16 days as per Annexure-Q on 16.2.2016. Both the petitioners have paid Rs.5,40,000/- to respondent No. 3. The tour conducted from 24.7.2016 to 10.8.2016. It is further case of the petitioners that they have booked air tickets from Bengaluru to London and London to Bengaluru separately through Respondent Nos.1 and 2 along with the wheel chair. On 18.7.2016, the petitioners booked air tickets to London through Air India after paying the entire air ticket charges. When the petitioners reached the London at about 6.00 a.m. on 19.7.2016, the wheel chair of the 1st petitioner was not provided by the Respondent Nos.1 and 2 - Air India at London Airport. Immediately, the petitioners lodged complaint to the Police and the concerned authorities of the Air India on that day itself. But no reply was received nor assisted the petitioners. Only at 9 p.m., the respondent Nos.1 and 2 provided regular wheel chair and taken the petitioners to hotel and the petitioners reached the hotel at 11.00 p.m. It is further contended that on 19.7.2016 itself, the petitioners had planned to go to Scotland, but the same was missed because, the respondents have not provided wheel chair on 19.07.2016 at 6.00 a.m. The petitioners have booked air tickets for 20.7.2016 through Respondent Nos.1 and 2 - Air India on the assurance that they will provide wheel chair at 7 a.m. on the said day. But the Respondent Nos.1 and 2 were able to provide wheel chair only at 11.15 am. Therefore, the petitioners have missed the said flight also.
3. It is further contended that on 20.7.2016 the petitioners booked Jet Airways flight at 6 p.m. and reached Scotland and landed in a private hotel. Subsequently on 23.7.2016 returned to London and stayed in a hotel. On 24.7.2016 the agent of Respondent No. 3 at London never met the petitioners nor arranged the hotel as agreed at the time of booking. Only on 25.7.2016, the agent of Respondent No. 3 at London met the petitioners, but not arranged any room. The petitioners went city tour arranged by Respondent No. 3 agent at London. Only at night, the agent of the Respondent No. 3 arranged one room in a hotel without any proper facilities. There was no help from the agent of Respondent No. 3 in the said hotel. Knowing fully well that the 1st petitioner is physically disabled to an extent of 75% and without wheel chair, she cannot move about, the agent of Respondent No. 3 at London has not made necessary arrangements on 26.7.2016. Somehow, the petitioners have managed and on 27.7.2016 they came back to India. Due to the health problem and further as there was no assistance from the
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