STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Consumer Complaint No. SC/27/CC/2014/299 Rishi Raj Singh, IPS, S/o. Sri Inder Jeet Singh The then Joint Director, ÇBI, Anti-Corruption Bureau, Mumbai, Having his office at – Tanna House, 3rd Floor, 11-A, Nathalal Parekh Marg, Colaba, Mumbai.

Now Transport Commissioner and Additional Director General of Police, Trans Towers, Thycaud, Trivandrum-695014, Kerala … Complainant Versus Chairman-cum- Managing Director, Air Rescuers having its office at –

Flat No-1, Fatima Apartments, Near Colony, Ambernath (W). …Opponent BEFORE:

Hon’ble Mr. Mukesh V. Sharma, Presiding Member.

Hon’ble Ms. Poonam V. Maharshi, Member.

PRESENT:

For the Complainant : Advocate Hardik Shah I/b. Uday B. Wavikar For Opposite Party : Advocate Diwakar R. Singh

JUDGMENT

(09-10-2025)

Per: Hon’ble Mukesh V. Sharma, Presiding Member

1. The complainant, a senior Indian Police Service officer has filed this consumer complaint. He alleged gross deficiency in service on the part of the Opposite Party “Air Rescuers,” a company providing medical air-ambulance transport, for its failure to render prompt and professional service on 13 July 2012, resulting in serious deterioration of his mother Smt. Shobha Kanwar’s condition and her subsequent demise.

2. The complainant stated that on 10th July 2012 his mother became unconscious at Bikaner (Rajasthan) and slipped into deep coma. The local doctors were unable to diagnose or treat her condition and advised immediate transfer to Mumbai for specialised neurological care. Owing to the gravity of the situation, the complainant contacted Opposite Party (Air Rescuers) and was assured that a fully equipped air-ambulance with medical crew would reach the nearest available airstrip at Phalodi Air Force Base the next morning, 13 July 2012, by 11:30 a.m.

3. Pursuant to this assurance, the complainant deposited in advance the entire sum of ₹ 4,75,000 in the Opposite Party’s ICICI Bank Account No. 106705500040, Air Rescuers, Ambernath (W), and arranged an ambulance to shift his mother from Bikaner to Phalodi (about 180 km) early next morning. Complainant’s mother was brought to the airstrip by 11 a.m., but to his shock the aircraft was nowhere in sight, though air-clearance for the specified timing had already been issued. Complainant further alleged his mother, who was still in coma, lay inside the ambulance in the scorching desert heat exceeding 45 °C, without any assistance from the promised air-medical team.

4. According to the complainant, the aircraft eventually arrived after an inordinate delay of more than three hours. Complainant contended that this delay fatally affected his mother’s chance of survival, as the treatment arranged at Bombay Hospital could not commence until 9 p.m. instead of 3 p.m. as planned. Complainant alleged that the Opposite Party’s conduct was utterly negligent, casual, and unprofessional, causing him irreparable loss, mental agony, and deprivation of his mother’s life despite full advance payment. He therefore prayed for compensation of ₹ 95 lakh for loss and suffering.

5. Notice of this complaint was issued to the Opposite Party. Opposite Party appeared through representative and filed its Written Statement denying liability. The Opposite Party contended that it is only a facilitator or marketing agency which coordinates with aircraft operators and that it had arranged the flight through a chartered carrier subject to operational and weather clearances. It further pleaded that the delay, if any, was due to unavoidable technical and air-traffic reasons beyond its control, and that the complainant had been kept informed by telephone.

6. It was the Opposite Party’s further case that Air Rescuers had acted only as liaison between the complainant and the actual aircraft operator and, therefore, no direct contract of carriage existed between the complainant and Air Rescuers. It denied receipt of ₹ 4,75,000 and alleged that only ₹ 75,000 was paid as coordinatio