STATION MANAGER INDIAN AIRLINES Vs. B B DAS

JUDGEMENT

(1.) This appeal is against the order of the State Consumer Disputes Redressal Commission, Orissa by which they awarded Rs. 2,000/- as compensation to the complainant and costs which they assessed at Rs. 500/-. It was further ordered that the claimant would be paid the above amounts within two months from the date of receipt of the Order.

(2.) The facts giving rise to this appeal are that B.B. Das (hereinafter referred to as complainant), who is respondent in the present appeal, had filed a claim petition before the said State Commission against the present appellants. In the complaint the case of the complainant was that he had a confirmed booking by flight No. IA-497 from Bhubaneshwar to Delhi on 29th May, 1990 and for the return journey by flight No. IA-477 from Delhi to Bhubaneshwar. He had purchased me ticket from Mayur Agencies (Authorised Booking Agent of Indian Airlines at Cuttack). On the 29 May, 1990 the complainant reported at Bhubaneswar Airport at 4 p.m. as the flight was scheduled to leave at 5.30 p.m. After a long waiting, the complainant and other passengers were informed at about 6.30 p.m. that the flight would be delayed till 10.30 p.m. The complainant reported again at 10 p.m., but the aircraft landed at Bhubaneshwar at 11.45 p.m. and took off at 0.15 a.m. The plane landed at Delhi at 2.45 a.m. and the complainant was able to reach his destination at 3.30 a.m. Thus the complainant was put to considerable physical hardship and mental tension.

(3.) On 1.6.1990, after ascertaining from the airport about the departure of flight No. IC-477, which was to leave at 7 p.m., the complainant reported at Palam Airport at 5.45 a.m. The complainant went through the security checks at 6.15 a.m. He noticed that till 7.15 a.m. the closed circuit T.V. indicated security and boarding at 6.30 a.m. and 7 a.m. respectively, but at 7.15 a.m. the timing for boarding was changed to 9 a.m. However, the boarding time was not announced till 9.50 a.m. After announcement of the boarding time as 10 a.m., the complainant boarded the aircraft but the flight actually took off at 10.30 a.m. as the aircraft was under repairs. The aircraft landed at Raipur airport at 12.15 p.m. All the passengers waited inside the aircraft for about 45 minutes for the aircraft to take off. Thereafter the passengers were asked to disembark and wait at airport lounge for further instructions as the aircraft was under repairs. There was not enough space for passengers in the lounge and the conditions got further aggravated as all the doors and windows on the airstrip side of the lounge were closed as a measure of security. Thus as there was no natural ventilation, suffocating condition was created inside the lounge. No lunch was served to the passengers including the complainant. At about 2 p.m. some personnel of the Indian Airlines informed the passengers that a coach would take them to the city for lunch. However, the coach did not turn up. At 4.30 p.m. the passengers were informed about its arrival. The passengers were further told that they could either stay in hotels or proceed to Bhubaneshwar by road by hired taxies. The Station Manager also told the passengers that in case they reported at Indian Airlines City Office they could have refund of the proportionate air fare so that they could proceed in hired taxies to Bhubaneshwar. The complainant alongwith some other passengers contacted the City Office of the Indian Airlines, but the duty officer there refused to refund the fare. Finally after a long waiting the complainant checked in a hotel at 6.30 p.m. and had snacks and tea at 7 p.m.. During the night he was accommodated in one room of the hotel alongwith another passenger.