IMPORTANT POINT
Airlines have to take decisions regarding flight schedules in interest of passenger safety.

Rekha Gupta, Member—Revision petition nos. 2712 of 2008 and 2713 of 2008 have been filed by the petitioners Mr Anil Goyal and Mr Arvinder Pal and Others, against the impugnedORDERs dated 01.04.2008 in Appeal nos. 20 of 2008 and 874 of 2007 of the State Consumer Disputes Redressal Commission, Union Territory, Chandigarh (‘State Commission’). Since both the revision petitions have been filed against the same impugnedORDER of the State Commission, we propose to pass a commonORDER.

2. The brief facts as stated in the complaint no. 202 of 2007 titled Arvinder Pal vs M/s Indus Airways Private Ltd., as that the petitioners/ complainants were to attend a family function at New Delhi on 29.12.2006 at 08.00 P M. They purchased air tickets to travel from Chandigarh to Delhi. Payments were made through credit card and the status of tickets was confirmed. The flight was scheduled to start from Chandigarh at 05.30 P M. Petitioners reached domestic airport terminal, Chandigarh at 04.30 P M on the said date but they were informed by the staff of M/s Indus Airways Private Limited – Respondent herein that the flight had been cancelled, but no reason was assigned. At that time neither weather was foggy, nor, there was any natural calamity but on inquiry they came to know that the flight had been cancelled due to less passengers booked for 29.12.2006 on the route from Chandigarh to Delhi. Ultimately, they hired a taxi for Delhi to attend the function and spent Rs.4,000/-. Cancellation of flight caused much pain and agony to them and they had to incur expenditure and they claimed in all Rs.2,17,900, including price of tickets, taxi charges and compensation for harassment etc.

3. Respondent/opposite party contested the complaint and admitted the purchase of tickets and payment through credit cards but stated that the said flight could not land at Chandigarh due to unavailability of watch hours which was beyond their control. They denied that the flight was cancelled due to less passengers. They further stated that they had given an offer to the petitioners for refund of full amount of tickets or they could enjoy complementary tickets with existing tickets up to 28.02.2007 but the same was not accepted. They denied other allegations and stated that the complaint should be dismissed.

4. After hearing the counsel for the parties, the District Consumer Disputes Redressal Forum – I, Union Territory, Chandigarh (‘the District Forum’) videORDER dated 27.09.2007 accepted the complaint with cost of Rs.1100/-. They were allowed compensation of Rs.40,000/- i.e., Rs.10,000/- each for mental agony and harassment etc., besides reimbursement of taxi charges to the tune of Rs.4,000/-. The same wasORDERed to be paid within 30 days failing which interest @ 9% per annum with effect from 29.12.2006 till payment was to be given.

5. In complaint no. 198 of 2007 which was filed by Shri Anil Goyal, it was claimed that he was invited to attend some business engagement at Gurgaon on 29.12.2006 and as such had purchased air ticket to travel from Chandigarh to Delhi and the payment was made through credit card. The status of the ticket was confirmed. The flight was to start from Chandigarh at 05.30 P M and when he reached the domestic airport terminal, Chandigarh at 04.30 P M, he was informed by the staff of Indus Airways that the flight had been cancelled. Other allegations are the same. Respondents filed reply opposing the complaint and taking same pleas as were taken in complaint case no. 202 of 2007. Parties adduced their evidence by way of affidavits. After hearing the counsel for the parties, District Forum accepted the complaint with cost of Rs.1100/- and awarded compensation of Rs.10,000/- besides Rs.4,000/- as refund of taxi charges. Amount was to be paid within 30 days otherwise the same would carry interest @ 9% with effect from 29.12.2006 till payment.

6. Aggrieved by theORDER of the District Forum two separate appeals were filed by the respondents before the Stat