INDIAN AIR LINES LIMITED Vs. V P PHILIP

JUDGEMENT

(1.) This revision petition has arisen out of the order dated 17th of April, 1995 passed by the Kerala State Commission, at Thiruvananthapuram, dismissing the appeal of the petitioner herein against the order passed by the District Forum, Kozhikode, directing the petitioner herein to pay to the complainant Rs. 11,000.00 as compensation.

(2.) The facts in brief are these. The complainant, a Professor in the Department of Botany, University of Calicut, got a confirmed booking from the Indian Airlines for his journey from Calicut to Bombay for onward journey to Los Angles to attend 1991 World Congress on Cell and Tissue Culture to be held during 15th June to 20th June, 1991 as his paper was selected for presentation at 12 Noon on the 16th June. The complainant was to leave Calicut on 13th June, 1991 by flight No. IC-698 which was scheduled to leave at 11.30 A.M. and land at Bombay at 13.25 hours. He was scheduled to leave Bombay on 14th June at 3.45 A.M. by flight No. AI-111 and arrive at New York at 15.45 hours. He was expected to take a flight on 14-6-1991 from New York at 19.30 hours to reach Los Angles at 22.16 hours. The complainant alleged that he reported himself at the check-in counter at the Calicut Airport at 10.30 A.M. and checked his baggage in and got the security pass and went through the security check in preparation for the departure as evidenced by the boarding pass and cabin baggage tag. The complainant admitted in his complaint that due to inclement weather and poor visibility, the plane could not land at Calicut as scheduled, that when the condition improved flight No. IC 698 returned to Calicut and landed at 4.40 P.M., that the passengers including the complainant waiting at the airport from 10 A.M. went up to the plane to board but were turned back when the Pilot refused to take off and that the complainant had to wait in the airport till 7.00 P.M. before he could get his ticket cancelled as there was no possibility of connecting the Bombay-New York flight of the 14th at 3.45 A.M. by taking a seat in the postponed IC-698 at 1.00 p.m. on the 14th. The Complainant further stated that he got the journey rebooked from Madras via Singapore -Tokyo Los Angles which involved an overnight waiting at Singapore Airport for the onward journey and 24 hours during the return journeys, incurring heavy expenditure as well as physical and mental agony. The complainant alleged that the cancellation of the flight IC-698 on 13th June, 1991 was largely due to the callous attitude of the Pilot and the Indian Airlines causing the complainant heavy financial and academic loss, mental agony and physical agony. The complainant alleged deficiency in service on the part of the Indian Airlines and especially the Pilot and claimed compensation of Rs. 20,000.00 in the complaint filed on 14th September, 1991.

(3.) On being noticed the Indian Airlines denied the various allegations. It was pleaded that the carriage of passengers on Indian Airlines is subject to Indian Airlines Non-International Carriage (Passenger and Baggage) Regulations, 1989 and particularly invited attention to Clauses 3 and 9 of the Regulations. It was also explained in the reply that the flight IC-697 that operates between Bombay and Calicut turns around as IC-698 that operates between Calicut and Bombay and that scheduled time of departure and arrival of IC-698 on 13th June, 1991 was 11.30 and 13.25 hours respectively. It was pleaded that the weather at Calicut was inclement and accordingly estimated time of departure of flight IC-697 was fixed at 10.00 hours due to bad weather and consequently estimated time at Calicut was revised to 11.35 hours, that consequently estimated time of departure of IC-698 from Calicut to Bombay was fixed for 12.15 hours, that the counter was opened for the scheduled time of departure and accordingly the complainant had checked in and that the weather however, worsened and IC-697 had to be diverted to Bangalore as it could not land at Calicut. It was also pleaded that when the meteorological clearance was given IC-697 left Bangalore at 16.00 hours and arrived at Calicut 16.50 hours, that approximately 40-50 minutes turn round time is given for A-320 Aircraft and accordingly IC-698 could have left Calicut only at 17.30 hours. It was also explained that the maximum Flight Duty Time Limitation (FDTL) for Pilots during the period of Jet operation is 9-1/2 hours, however, that as per the scheme no Pilot can be rostered for flights in excess of the above limitation and that in the event of delays and diversions due to bad weather if a Pilot had extend this limit of flight, due to time limitation, this can only be for one hour extension. It was pointed out that in the present case departure time of IC-697 out of Bombay was 09.15 hours, that the FDTL commenced at 08.40 hours, and the limitation was upto 17.40 hours, that with one hour extension of FDTL which is the maximum limit the Pilot concerned should have been at Bombay by 18.40 hours, that IC-698 could not be operated as the flying time between Calicut and Bombay is 1 hour 35 minutes and that hence the flight in question was postponed to operate on 14-6-1991 at 13.00 hours as due to safety requirements a complete day inspection was to be carried out on the Aircraft.