ORAL

J.D. Kapoor, President

1. On account of late running of the flight, the District Forum has vide impugned order dated 18.08.1999 held the appellant guilty for deficiency in service and directed it to pay Rs.5,000/- as compensation and Rs.1,000/- as cost.

2. Feeling aggrieved the appellant has preferred this appeal.

3. There is no dispute that the respondent booked himself by Flight No. ICCD 421 scheduled to leave Delhi on 26.09.1996 at 10.10 hours for Jammu and when he reached the airport for check in, he was informed that flight shall leave at 12.00 hours, whereas it actual took off at 14.00 hours and therefore he suffered physical discomfort, mental agony by waiting for about six hours and as a result he could not reach Jammu in time nor could he attend the meeting at Jammu, for which he was going there.

4. In its defence the appellant took the plea that the flight in question was clubbed with flight No.IC423 as one of the aircrafts was grounded at Khajurao due to technical reasons and the flight No.407 that had reached Khajurao at 8.30 a.m on 25.09.1996 could not proceed further due to failure of Hydrologic system and therefore the respondent had to perform the journey on 26.09.1