INTERGLOBE AVIATION LTD Vs. N SATCHIDANAND

JUDGEMENT

(1.) Leave granted. Heard.

(2.) The Appellant, an aviation company operating an air carrier under the name and style of Indigo Airlines has filed this appeal aggrieved by the judgment of the Andhra Pradesh High Court dated 31.12.2009 dismissing its writ petition challenging the decision of the Permanent Lok Adalat for Public Utility Services, Hyderabad, dated 18.9.2009 awarding Rs. 10,000 as compensation and Rs. 2,000 as costs to the Respondent herein. Facts found to be not in dispute

(3.) The Respondent and eight others were booked to travel on Indigo flight No. 6E-301 from Delhi to Hyderabad on 14.12.2007 scheduled to depart at 6.15 a.m. The Respondent reached the airport, obtained a boarding pass and boarded the flight at around 5.45 a.m. Due to dense fog, bad weather and poor visibility at Delhi airport the flight was delayed. An announcement was made that the flight was unable to take off due to dense fog and poor visibility, and that the flight will take off as and when a clearance was given by ATC. As Appellant was a low cost carrier neither snacks nor beverages were offered. However sandwiches were offered for sale and the Respondent purchased a sandwich by paying Rs. 100. Around 11.15 a.m. an announcement was made that flight No. 6E-301 was cancelled and the passengers were given the following options: (a) refund of air fare; or (b) credit for future travel on Indigo; or (c) rebooking onto an alternative Indigo flight at no additional cost. As an extension of the third option, willing passengers were permitted to undertake the journey on the next flight, by combining the said flight (Flight No. 6E-301) with the next flight (Flight No. 6E-305) which was scheduled to depart at 12.15 p.m., subject to improvement in weather conditions and clearance by Air Traffic Control (ATC for short).