DELHI STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, DELHI
Honble Mr. Justice Lokeshwar Prasad,
President & Mr. Desh Bandhu, Member
INDIAN AIRLINES LIMITED & ORS.—Appellants
versus
GAUTAM ACHARYA—Respondent
Appeal No. A-209 of 1997—Decided on 7.4.1999
Counsel for the Parties :
For the Appellants :Mr. I.H. Siddiqui, Advocate.
For the Respondent: In person.
Headnote:Consumer Protection Act, 1986 - Sections 12 and 17 - Flight from Delhi to Bhubaneshwar scheduled to take off at 10.40 A.M. infact took off at 5 P.M. - Claim for compensation - Distt. Forum held appellant guilty of deficiency in service for changing departure time with no appropriate reasons - Appropriate reasons for late availability of air craft and thereby delay in flight were given Timely steps by RAPID action to inform passengers about delayed departure of flight in question was taken - Impugned Dist. Forum order was liable to be set aside. (Paras 8 to 10)
Result : Appeal allowed.
IMPORTANT POINT
When appropriate reasons are given by airlines for delay in the flight, it cannot be held liable for deficiency in service.
Lokeshwar Prasad, J.—The present appeal, filed by the appellant, under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is directed against an order dated the 9th April, 1997, passed by the District Forum-II in Complaint Case No. 1662/ 94/11186 entitled Sh. Gautam Acharya v. The Secretary, Civil Aviation, Ministry of Civil Aviation and Tourism, Government of India, New Delhi & Ors.
2. The facts relevant for the disposal of the present appeal, briefly stated, are that the respondent, Sh. Gautam Acharya, a practising Advocate of the Supreme Court, had filed a complaint before the District Forum averring that he had booked a ticket through Marvwell Tours and Travels, an authorised agent for the appellant, for 4.3.1994 by Flight No. I.C. No. 497 from Delhi to Bhubaneshwar which was to leave Delhi at 10.40 a.m. on 4th March, 1994, reaching the same day via Varanasi at 1 p.m. It is stated by the complainant, that as per schedule, on the morning of 4.3.1994, he reached I.C. Domestic Airport an hour before the scheduled departure of the flight i.e. at about 9.40 a.m., for reporting. It is further stated that on reaching the airport, the complainant was informed that the flight was delayed by a couple of hours and would take-off only at 1 p.m. It is further averred that the complainant, having no other option, had to wait in the lounge of Airport till 1 p.m. It is further stated that as the flight was to take-off at 1 p.m. the complainant, along with other co-passengers went to check-in of their luggage and thereafter went for security check and finally proceeded for boarding the air-craft. It is alleged that when all the booked passengers had boarded the place including the complainant and the plane was ready for take-off, an announcement was made by the Captain from the flight-dack that due to some technical fault they were returning to the base. After reaching the base, the passengers were informed by the Captain of the air-craft that the generator system of the air-craft had failed and it would take about 3 hours for the system to be rectified. The passengers, as per the case of the complainant, were asked to disembark from the air-craft and proceed to the lounge of the air-port. It is alleged that it was only at 3 p.m. that an announcement was made by the airlines staff that the passengers who were travelling by I.C. 497 to Varanasi and Bhubaneswar could obtain their lunch coupon and have their lunch which was being served on the first floor of the Airport. It is stated that service of the lunch at 3 p.m. in the afternoon made the passengers which included many V.I.Ps., disgusted as they were made to wait in the Airport from 9 O'Clock till 3 p.m., having nothing to eat. It is stated that the plane finally could take-off at 5 p.m. and reached Bhubaneswar via Varanasi at 8 p.m. It is further stated that in the process the entire day starting from 8 a.m. in the morning to 8 p.m., was wasted by just sitting idle in the Airport and practically 1doing nothing. The complainant, in the complaint, filed by him before the District Forum, prayed for the following reliefs :
(i) that the Indian Airlines must under take to provide for safe, reliable and dependable service to the travelling passengers;
(ii) that the Indian Airlines must undertake to inform the intending passengers well in advance about the change of schedule of the flight timings;
(iii) that the Indian Airlines must provide suitable accommodation including food to the stranded passengers immediately without any delay;
(iv) that the Indian Airlines must take suitable action against those employees who have neglected their duties in looking after the maintenance of the aircraft and the conforts of the standard passengers; and
(v) that the Indian Airlines be directed to pay compensation of Rs. 50,000/- to the complainant for the loss suffered by him.
3. The complaint filed in the District Forum, was contested by the appellant. The appel