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R.C.MANKAD, R.K.SHAH
HITENDA RAMANLAL SHAH – Appellant
Versus
JAGSON AIRLINES – Respondent


Advocates:
Counsel for the Parties :
For the Complainants : Mr. H.R. Shah.
For the Opponents :Mr. M.B. Buch, Advocate.

Judgement Key Points

Key Points: - The judgment finds the opponents liable for deficiency of service due to failure to inform about schedule change and cancellation of return flight. (!) (!) (!) - Complainants awarded Rs. 20,000 each as damages and Rs. 2,000 each as costs; total damages and costs specified. [12000037660011][12000037660012] - Proceedings concern compensation for mental agony, inconvenience, and hardship from delayed/cancelled flights under the Consumer Protection Act, 1986. (!) (!) (!) - The complainants sought recovery of Rs. 4,20,002 plus interest and costs; the court addressed deficiency of service and negligence. (!) (!) - The airline’s staff alleged misbehavior and lack of accommodation to be considered as part of deficiency of service. [12000037660002][12000037660007] - The commission held that part of cause of action arose within its jurisdiction since business conducted through an Ahmedabad agent; thus jurisdiction affirmed. [12000037660009]

How to determine whether airlines are liable for deficiency in service when failing to inform about schedule changes or canceling flights without valid reasons?

What is the extent of compensation for mental agony, inconvenience, and hardship due to delayed or canceled flights under the Consumer Protection Act, 1986?

What are the jurisdictional aspects and the existence of deficiency of service when an agent acts on behalf of the airline in causing the alleged harm?


ORDER

Mr. Justice R.C. Mankad, President—Complainants are two couples who have filed this complaint for recovery of Rs. 4,20,002/- together with 18% interest for compensation and Rs. 5,000/- for cost and expenses from the opponents on the ground of deficiency of service on their part.

2. Complainants No. 1 and 2 were married on April 21, 1992 and complainants No. 3 and 4 on April 20, 1992. They wanted to go to Kulu Manali for Honeymoon. Therefore, they contacted opponent No. 2 for booking air passage from Delhi to Kulu and from Kulu to Delhi. Opponent No. 2 is opponent No. l’s agent at Ahmedabad. Opponent No. 1 operates airlines. It is not disputed that opponent No. 2 is opponent No. l’s booking agent and is entitled to issue tickets on behalf of opponent No. 1. Opponent No. 2 is alleged to have assured the complainants that opponent No. 1 will render regular and satisfactory services. Complainants relied on this assurance and booked their air journey from Delhi to Kulu on April 26, 1992 and return journey from Kulu to Delhi on May 2 1992. The complainants paid Rs. 16,460/- to opponent No. 1 for the air journey as stated above on April 3, 1992. The opponents charged Rs. 16,460/- from
























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