INDIAN AIRLINES LTD Vs. RAJIV GOYAL

JUDGEMENT

(1.) With the consent of learned Counsel appearing on both sides, the matter was heard finally at the admission stage for final disposal. Ld. Counsel for the petitioner submitted before us that the findings of the Fora below that no satisfactory evidence was led to prove that the aeroplane had developed snag i.e. landing gear not retracting on account of which the flight was cancelled cannot be sustained in view of the affidavit evidence of Shri P.K. Sharma, Area Marketing Manager, Indian Airlines and the affidavit of Capt. G. Bhalla, who was in Command of Indian Airlines Flight which was cancelled, which was filed before the State Commission. He further submitted that the aircraft had in fact taken off and was airborne and at that stage snag was deducted namely; landing gear not retracting on account of which the flight had to be brought back at Jammu airport keeping in view the safety of the passengers. He also contended that the compensation has been enhanced only on the ground of status of the complainant, which cannot be taken into account while granting compensation. He further contends that the revision be allowed and the impugned order of the State Commission dated 29.1.2009 be set aside.

(2.) Counsel appearing on behalf of the respondent/complainant has submitted that compensation which has been awarded is for the family of four persons including the complainant; that the complainant had to pay Rs. 20,000 extra and that financial as well as social cost are required to be compensated and in this connection reliance has been placed on the judgment of this Commission in Union Bank of India v. Seppo Rally Oy & Anr., 1996 2 CPJ 128 According to him, no case been made out for interference with the impugned order. In fact, we have gone through the said judgment and we do not find any reference or discussion on the issue of financial cost and social cost.

(3.) The District Forum had come to the conclusion that the OPs had not produced any record to suggest if there was any defect in the landing gear; report of the repairs of landing gear has not been placed on file; affidavit of any of the pilots or the Aircraft Maintenance Engineer who could prove the technical fault has not been produced;had there been technical defect in landing gear, the aircraft could not have flown from Jammu back to Delhi. The Consumer Forum then finds, on the basis of evidence on record, that the complainant had not produced any document to suggest that he had paid Rs. 60,000 claimed by him as part of financial loss to the tune of Rs. 91,640. The District Forum also did not accept the receipt of Rs. 20,000 produced by the complainant for alternate stay arrangement on 7th and 8th July, 2007 as the stay receipt Annexure ('C2') was neither on the pad of any hotel, nor the affidavit of the person to whom the said amount was paid had been attached. It was further observed even otherwise also the complainant was to make arrangement for stay on 7th and 8th July, 2007. It has been further pointed out by the District Forum that the complainant was accommodated as a special case for helicopter darshan without cancelling their tickets and further as a special case stay for 9th July, 2007 at Grant Inter Continental was provided without charging as a gesture of goodwill. The ticket was thus re-scheduled free of cost. Therefore, the District Forum had disallowed the claim of Rs. 20,000. The claim for cancellation of taxi with travel agent on 7th to 8th July, 2007 amounting to Rs. 10,000 was also not accepted by the District Forum on the ground thatpackage obtained by the complainant included all transfers by A.C. Qualis and Annexure R-3 shows that the transfers were provided to the complainant from 7th to 10th July, 2007 at the same package cost without charging extra. Out of cancellation of Shatabdi from New Delhi to Chandigarh, the complainant had obtained refund of Rs.1640 and as such, a sum of Rs. 1640 was allowed. The District Forum awarded compensation of Rs. 10,000 for mental and physical harassment due to cancellation of flight, the refund of Rs. 1640 and cost of Rs. 2500 towards litigation. Thus, a total amount of Rs. 14,140 was awarded by the District Forum.