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2023 Supreme(Online)(NCDRC) 2095

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

 

REVISION PETITION NO. 2778-2779 OF 2013

(Against the Order dated 25/03/2013 in Appeal No. 165/2012 & 276/2012 of the State Commission Kerala)

1. CHAIRMAN AND MANAGING DIRECTOR INDIA AIRLINES & 2 ORS.

INDIAN AIRLINES ( PRESENTLY KNOWN AS " AIR INDIA LTD."),
AIRLINES HOUSE,
GURUDWARA RAKAB GANJ ROAD

NEW DELHI

2. THE GENERAL MANAGER,

INDIAN AIRLINES ( PRESENTLY KNOWN AS " AIR INDIA LTD.") AIRPORT,,

HIRUVANTHAPURAM

KERALA - 695008

3. THE STATION MANAGER,

INDIAN AIRLINES ( PRESENTLY KNOWN AS " AIR INDIA LTD.") AIRPORT,

HIRUVANTHAPURAM - 695008

KERALA

...........Petitioner(s)

Versus

1. C.V. JOSEPH, MANAGER (RETIRED) SYNDICATE BANK, & 3 ORS.

VELLAD, THIRUVANTHAPURAM,
R/O K.P IV/50, CHOOZHAMPALA,
MUKKOLAKKAL

THIRUVANTHAPURAM - 695043

2. SARAMMA, W/O C.V JOSEPH,

R/O K.P IV/50, CHOOZHAMPALA, MUKKOLAKKAL

3. ALBIN JOSE, S/O C.V JOSEPH,

4. ANOPP JOSEPH, S/O C.V JOSPEH,

...........Respondent(s)

REVISION PETITION NO. 1951 OF 2015

(Against the Order dated 25/03/2013 in Appeal No. 165/2012 of the State Commission Kerala)

1. C.V. JOSEPH & 3 ORS.

MANAGER SYNDICATE BANK, VELLANADU,THIRUVANANTHAPURAM, RESIDING AT K.P. IV/50, CHOOZHAMPALA, MUKKOLAKKAL,

THIRUVANANTHAPURAM

KERALA-695043

2. SARAMMA

W/O C.V. JOSEPH,
RESIDING AT K.P.IV/50, CHOOZHAMPALA, MUKKOLAKKAL, MUKKOLAKKAL,

3. ALBIN JOSE,

S/O C.V. JOSEPH,
RESIDING AT K.P.IV/50, CHOOZHAMPALA, MUKKOLAKKAL, MUKKOLAKKAL,

4. ANNOP JOSEPH

1. CHAIRMAN & MANAGING DIRECTOR, INDIAN AIR LINES & 2 ORS.

AIRLINES HOUSE, GURUDWARA RAKAB GANJ ROAD,

2. THE GENERAL MANAGER

INDIAN AIR LINES(PRESENTLY KNOWN AS "AIR INDIA LTD")AIR PORT,

KERALA-695008

3. THE STATION MANAGER,

INDIAN AIR LINES(PRESENTLY KNOWN AS "AIR INDIA LTD")AIR PORT,

BEFORE:

&nbsp

HON'BLE DR. INDER JIT SINGH,PRESIDING MEMBER

FOR THE PETITIONER :

RP NO. 2778-2779 OF 2013


FOR THE PETITIONER(S) : MR. SUMIT KUMAR VATS, ADVOCATE

RP NO. 1951 OF 2015

FOR THE PETITIONER(S) : MR. KOSHY P.J. ADVOCATE

MR. K.K. VINOSH, ADVOCATE

FOR THE RESPONDENT :

FOR THE RESPONDENT(S) : MR. KOSHY P.J. ADVOCATE

MR. K.K. VINOSH, ADVOCATE

FOR THE RESPONDENT (S) : MR. SUMIT KUMAR VATS, ADVOCATE

Dated : 06 December 2023

Advocates:
For the Petitioner: M/S. M.V. KINI & CO.
For the Respondent:

ORDER

1.       The Revision Petitions No. 2778-2779 of 2013 have been filed by the Petitioners, namely, The Chairman & Managing Director, Indian Airlines (presently known as “Air India Ltd.”) & Ors. (Respondents before the State Commission and OPs before the District Forum)  against Respondents – C.V. Joseph, Manager (Retd.) Syndicate Bank and Ors. (Appellant before the State Commission and Complainants before the District Forum) AND Revision Petition No. 1951 of 2015 has been filed by C.V. Joseph, Manager (Retd.) Syndicate Bank and Ors. (Appellant before the State Commission and Complainants before the District Forum) against The Chairman & Managing Director, Indian Airlines (presently known as “Air India Ltd.”) & Ors. (Respondents before the State Commission and OPs before the District Forum)  as detailed above, under section 21(b) of Consumer Protection Act 1986, against the common order dated 25.03.2013 of the State Consumer Disputes Redressal Commission, Kerala, (hereinafter referred to as the ‘State Commission’), in First Appeals (FA) No. 165/2012 & 276/2012 in which order dated 30.09.2011 of Thiruvananthapuram District Consumer Disputes Redressal Forum (hereinafter referred to as District Forum) in Original Petition (OP) No. 256/2004 was challenged.  The Petitioners in RP/2778-2779/2013 has prayed for setting aside the order dated 25.03.2013 passed by the State Commission.  The Revision Petitioner in RP/1951/2015 has prayed for directing the Respondents (i) to pay value of the ticket amounting to Rs.1,57,430/- (ii) to pay Rs.1 lakh each of the petitioners.

2.       Notices were issued to the Respondent(s) in both the Revision Petitions.  Parties filed Written Arguments/Synopsis on 31.01.2023 (Air India Ltd.) and 04.05.2022 (Complainants) respectively.

                             

3.       Brief facts of the case, as emerged from the RPs, Order of the State Commission, Order of the District Forum and other case records are that: -

The complainants purchased 4 single Air Tickets from the OPs on 13.12.2003 for a journey from Thiruvananthapuram to Kolkata and then Kolkata to Dibrugarh scheduled as Thiruvananthapuram-Chennai in IC No. 932 and the connecting flight Chennai – Kolkata in IC No. 766 on 18.12.2003 and Kolkata – Dibrugarh in IC No. 701 on 19.12.2003.  The return journey was also arranged in IC No. 702, IC No. 771 and IC No. 909 on 23.12.2003 and 24.12.2003.  The scheduled time of departure from Thiruvananthapuram was 14.30 hours on 18.12.2003 and the said flight was delayed for more than 1 and a half hour and the route of the said flight was diverted through Coimbatore without any prior notice by the wish and will of the OPs.  The said flight reached at Chennai Airport only at 17.15 hours against the scheduled time of 15.40 hours.  The late arrival at Chennai was caused due to the delayed departure from Thiruvananthapuram and the diversion of route of the flight beyond the scheduled. The connected flight (IC No. 766) from Chennai to Kolkata which correctly departed at the scheduled time of 17.00 hours without boarding the Complainants.  The OPs made an alternative arrangement in the late hours in order to continue the journey through Bangalore.  The OPs made the Complainants believe that the connecting flight from Bangalore to Kolkata would be at 6 AM on 19.12.2003.  Around midnight the officials of the Chennai Air Port made alternate arrangements via Bangalore in CD 7587 and thereby the Complainants reached Bangalore in the midnight.  The food provided at Hotel Ashok was very poor.  Complainants were compelled to wake up in the early morning around 4 AM to reach the Airport for the connecting flight to Kolkata at 8 A.M. on 19.12.2003. The complainants reached Kolkata Airport at 7.50 AM and the boarding passes were issued for the scheduled flight (IC No.701) to Dibrugarh at 9.45 AM. No breakfast was given to the Complainants at Kolkata Airport. It was announced that the breakfast would be served on the board after tak

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