The main legal point established in the judgment is the liability of the airline company for gross negligence in providing air travel service and making reckless accusations against the consumer.

ORDER

G.D. Sharma, President - Order dated 3.11.2006 passed by the learned Divisional Consumer Protection Forum, Srinagar (hereinafter to be referred to as the Forum has been challenged through the medium of this appeal filed under Section 13 of the J and K Consumer Protection Act, 1987 (hereinafter to be referred to as the Act), whereby the Forum has awarded a compensation of Rs 50,000 in favour of the respondent made payable within four weeks failing which interest at the rate of 6% per annum was to be charged. Litigation charges in the sum of Rs. 3000 were also awarded.

2. The brief facts of the case are that respondent while acting as Vice-Chancellor of the University of Kashmir on March 9, 2006, travelled from Srinagar to Jammu in the Jet Airways India Pvt. Ltd. and had a confirmed return ticket in flight No. 605 for 11.3.2006. The scheduled flight time from Jammu to Srinagar was at 1.35 p.m. The respondent arrived at the passenger counter at the airport about one hour earlier to the scheduled departure time and stood in the queue along with co-passengers. One Smt. Arpana at that time was handling the passenger counter and she was taking about 7 to 8 minutes time to attend every passenger. When the turn of the respondent came, the said employee responded to the respondent "Sorry Sir, there is no seat left". The respondent argued with her that he had an O.K. ticket and was in the queue in time, how it could happen. Finding no answer to this inquiry she passed on the ticket of the respondent to another counter which too was being handled by a lady employee. She examined the case of the respondent for about ten minutes and then responded "there is no seat left". The respondent put a question to her that how it could happen with a passenger who held an O.K. ticket and was in time in reaching the passenger counter. A curt reply came from her "sir, you were late in reporting". Finding the respondent facing unpleasant situation some passengers also showed sympathy to him. One Mr Rajnesh who works as Public Relations Officer with J and K Bank Ltd., Jammu was his old acquaintee took active initiative in helping the respondent and arranged a seat for him in the Indian Airlines which was going to Srinagar and by chance a seat was available. The respondent had a pre-arranged important official meeting fixed at 3 p.m. in his office. For the next day respondent was committed to be a Chief Guest of a function, the venue whereof was in Government College of Education, Srinagar. Because of un-savoury incident; the respondent was mentally and emotionally disturbed as well as felt publicly humiliated. The Indian Airlines flight left Jammu Airport for Srinagar at 2.00 p.m. The respondent has specifically alleged in the complaint that till the time, he could get a seat in the Indian Airlines many passengers of the Jet Airlines who knew him personally were laughing at his miserable plight to which he had been confronted. It was emphatically averred in the complaint that "torture, agony embarrassment and shock at the Airport" has been one of the worst incidents of life and such treatment on the part of Airlines cannot be brushed aside so that honourable citizens may be treated like this". Respondent had demanded compensation of Rs two lakh "in order to get his honour partly salvaged".

3. In the written version preliminary objections were taken that the relief sought was absolutely baseless because the complaint "smacked of overpowering ego and, therefore, required no consideration on merits". The appellant is considered as best domestic Airline and has won several international and national awards and this position could only be won by following meticulously and adhering to all rules and practice for running Airline services. On facts, it is submitted that the scheduled departure time of the flight in question was at 1.30 p.m. and the respondent had reported for checking at 1.25 p.m. when the checking counters for the said flight (9W605) were clos