Mr. Justice D.P. Wadhwa, President—This complaint pertains to deficiency in service by the respondent, British Airways. The claim is for Rs. 3,99,50,000/- as compensation. It arises out of the flight of British Airways which was to take off from Heathrow Airport, London to Bombay on 13th February, 1994 which flight, in fact, took off prior to the time intimated on the ticket of the complainant. Complainant was a first class passenger. No information was given to him about the change in time. He boarded the flight on the next day and arrived in India on 15.2.1994. This complaint was filed on 18.3.1996. In the counter affidavit, filed on 31.7.1996, British Airways has taken the objection that the claim is barred by limitation, as cause of action, if any arose on 15.2.1994. Reference has been drawn to Rule 30 of Schedule II of the Carriage by Air Act, 1972. The rule is as under :

“(1) The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

(2) The method of calculating the period of limit