INDIAN AIRLINES Vs. RAJESH KUMAR UPADHYAY

JUDGEMENT

(1.) SHRI Rajesh Kumar Upadhyay - the respondent-herein-had purchased a ticket for travel from Lucknow to Delhi by an Indian Airlines flight which was scheduled to start from Lucknow on 26-10-1988 at 2 P. M. That flight, however, got delayed and could only take off from Lucknow only at 6. 50 P. M. the reason being that the aircraft which was to come from Delhi to Lucknow and operate the return Plight could leave Delhi only at 5. 15 P. M. on that day. The complainant's wife Smt. Asha Upadhyay was also to travel to Delhi alongwiih him on that flight and he had purchased a ticket for her also. The complainant's case is that because of the delay in the operation of the flight in question and the alleged failure on the part of the Indian Airlines staff at Lucknow Airport to provide necessary facilities such as lunch, tea etc. to thewaiting passengers of the delayed flight, Smt. Asha Upadhyay developed weakness and became indisposed, it is further alleged by the complainant that inspite of his having brought the fact of the indisposition of his wife to the notice of the Airlines staff at Lucknow Airport, they did not make any arrangement for providing her with a bednor was any emergency medical aid arranged for her. The complainant and his wife travelled to Delhi by the delayed flight which landed in Delhi at about 7. 50 p. m. Smt. Asha Upadhyay expired at Delhi on the next day. The complainant thereafter preferred the complaint against the Indian Airlines (appellant-herein) before the State Commission, Uttar Pradesh, Lucknow, seeking to recover a sum of Rs. 5 lakhs from the opposite party as compensation for the irreparable loss suffered by him in consequence of the death of his wife. He also claimed a further sum of Rs. 10,000/- by way of expenses for prosecuting the complaint-petition.

(2.) THE complainant's claim for compensation was based on the allegation that the delay in operation of the flight Lucknow to Delhi on October 26, 1988 and the alleged failure on the part of the Indian Airlines staff at Lucknow to provide to her proper facilities such as food and drinks and their omission to make available to her medical assistance were the factors responsible for her death on the next day.

(3.) IN the light of the aforesaid facts brought out in the evidence as also the further fact noted by the State Commission that facilities had been provided by the INdian Airlines to take the passengers to Lucknow by their Coach so that they could, if they so chose to do, go to the city and return to the Airport in time for the re-scheduled flight, there was absolutely no justification for awarding any amount by way of compensation for 'loss of time'. Finally, it was urged that award of compensation would be justified under Section 14 of the Consumer Protection Act, 1986 (hereinafter called the Act) only if there is legal proof that there was negligence on the part of the opposite party and that loss or injury has suffered by the consumer due to such negligence. Counsel submitted that there is absolutely no allegation in the complaint charging the opposite party with negligence in the matter of causing the delay or loss of time and that the State Commission has also not recorded any finding that there was negligence on the part of the INdian Airlines. On the basis of these submissions, the Counsel for the appellant contended that the State Commission has acted illegally and wholly without jurisdiction in awarding the sum of Rs. 200/-as compensation for "loss of time and inconvenience" caused to the complainant.