P.N. Kashalkar, Presiding Judicial Member—Being aggrieved by the fact that the complaint of the complainant has been dismissed by the impugned order passed by Additional District Consumer Forum, Mumbai Suburban in consumer complaint no. 207/2007 on 18/02/2007, the complainant himself has filed this appeal challenging the dismissal of the complaint.

2. Facts to the extent material may be stated as under:

In 1998, the complainant was 7 years old. He wanted to go to Dubai with his mother to meet his father. They purchased air travel ticket from the opposite party No. 3/M/s. Emirates Airlines, from Mumbai to Dubai and back to Mumbai. On 13/10/1998 complainant and his mother went to Sahar International Airport, which is maintained and managed by opposite party no. 2. They cleared all the formalities and colleted boarding cards to take the flight of opposite party No. 3. The officer of the airline asked them to proceed towards embarkment in the Hold Nos. 1 to 4 area. The complainant had to pass through an escalator. No sign boards were available for giving any warnings, instructions nor any personnel was manning in the said area for use of escalator. Complainant and his mother thinking that the escalator was switched off stepped into it. Immediately, the escalator, (which was an automatic) started moving automatically and the complainant/child became panic, lost his balance and fell down and his right hand was dragged into the small opening in the automatic escalator and he suffered severe injury on his palm. The complainant’s mother shouted for help. The passengers on the escalator forcefully removed complainant’s palm.

3. Immediately first aid was given by opposite party No. 2/ Airline Authority of India. The complainant was sent to Nanavati Hospital for further treatment. Sahar Airport Police Station recorded the statement of doctors, Smt. Parveen Banu/the mother of the complainant. In Nanavati hospital pre operational check ups were made for complainant’s operation. The complainant was operated on the right hand palm and the hospital charged a sum of Rs. 41,583/- for operation. The complainant was advised by the doctors to purchase medicines and other materials required for operation at Nanavati hospital. The complainant’s mother in all spent Rs. 3,50,000/- for treatment of his child/Master Adil Ahmed. Therefore, the complainant, who is mother of minor child, filed consumer complaint in the Forum below. She alleged negligence on the part of opposite parties. She had issued a legal notice to the opposite parties alleging direction of duty, lethargic, deficiency in service and negligence before filing consumer complaint. Opposite party No. 2 sent reply to the said notice and denied all the allegations made by the complainant. The complainant sought to recover Rs. 10 lakhs by way of damages and compensation from opposite party nos. 1 to 3. Opposite party No. 1 is Minister of Civil Aviation, New Delhi, opposite party No. 2 is the General Manager, Airport Authority of India and opposite party no.2 is M/s. Emirates Airlines.

4. Opposite party no.1 did not appear and matter was proceeded ex-parte Opposite party No. 2 filed written statement and resisted the claim and pleaded that Forum has no jurisdiction to entertain and try the consumer complaint filed to establish deficiency in service on the part of opposite party. It pleaded that complainant being minor should not have been sent alone on the escalator. Complainant’s mother herself was negligent in escorting the complainant to the escalator and leaving him alone to climb up. The matter should have taken extra care before using the automatic escalator. Opposite party No. 2 denied that there was deficiency in service on its part. It pleaded that it is not liable to pay any compensation to the complainant and complaint deserves to be dismissed with cost.

5. Opposite party No. 3 filed written statement and pleaded that complainant had not made out any case of deficiency in ser