Dr. P.D. Shenoy, Member—As the facts and issues involved in these four revision petitions are common and as they arise out of a single order passed by the State Commission, we propose to pass a common order.

Facts:

2. Complainants travelled from New Delhi to Mumbai by Air India a sister concern of Indian Airlines and the said tickets were booked through M/s Akbar Travels of India. On 10.5.2006 the plane left Delhi Airport at about 7.30 a.m. and landed at Mumbai Airport at 9.40 a.m. After landing at the International Airport at Mumbai they were told by the Airport Authorities that the plane for Mangalore will take off from the Chatrapathi Shivaji domestic Airport later and that arrangements will be made to take them to the domestic Airport in a shuttle vehicle. Accordingly, they were asked to sit in the rest room. At about 10.55 a.m. the vehicle belonging to the Indian Airlines picked up the complainants and proceeded to the Domestic Airport. The vehicle reached the airport at 11.10 a.m., by which time the Indian Airlines authorities informed the complainants that the flight to Mangalore had already taken off. The complainants requested the authorities concerned to make alternative arrangements to go to Mangalore but their request was not acceded to and they were made to run from office to office of the Indian Airlines till 5.00 p.m. Finally, the complainants who were stranded at Mumbai engaged a mini bus to travel from Mumbai to Mangalore by paying a sum of Rs. 32,000 plus Rs.2,050 towards inter-state permit charges and a sum of Rs. 450 as toll gate charges, which were shared by all the passengers. The complainants also spent money for meals and other expenses. Air tickets from Mumbai to Mangalore were non-refundable.

3. Dejected by the action of the Indian Airlines, the complainants filed complaints before the District Forum, which were contested by the Indian Airlines. Complainants had filed affidavits, whereas M/s Akbar Travels, Mangalore, though had filed their objection but did not file any evidence. The opposite parties No.1 and 2 -Indian Airlines and M/s Akbar Travels of India, Chennai, though were served with notice did not contest the claims of the complainants. Accordingly, the District Forum drew adverse inference. The District Forum directed Indian Airlines to reimburse expenditure towards air tickets, travel from Mumbai to Mangalore by Mini Bus, alongwith, meals and toll gate charges. The District Forum awarded Rs. 5,000 towards compensation and Rs.750 towards cost in each case. Further, failure to comply with the aforesaid orders, the opposite parties were liable to pay 10% interest from the date of failure till the date of compliance.

4. Aggrieved by the orders of the District Forum, the Indian Airlines had filed appeals in all these cases before the State Commission. The State Commission held that, except in appeal No. 37 of 2008 filed by the Indian Airlines against Shri N C Stephen and family members, in rest of the cases, the Indian Airlines had not deposited the statutory amount as per Proviso II of Section 15 of the Consumer Protection Act, 1986.

The State Commission held as under:

“District Forum issued notices to the OPs. But OP 1 though served with the notices did not appear before the District Forum so as to contest the case. From this it is seen that in spite of affording opportunity to the appellant OP 1 appellant/OP1 failed to avail the said opportunity. In the absence of such contest by OP1 in our view the DF is right in allowing the complaints of the complainants.”

Accordingly, the State Commission dismissed the appeal as also application for condonation of delay filed by the petitioner.

5. Dissatisfied by the orders of the State Commission, the Indian Airlines have filed these four revision petitions before us. The contention of the Indian Airlines is that the complainants have not travelled from Indian Airlines from Delhi to Mumbai Sector on the morning of 10th May 2006. It was argued by the learn