JET AIRWAYS (INDIA) LTD Vs. VIJAY KUMAR

JUDGEMENT

(1.) This appeal under section 19 of the Consumer Protection Act, 1986 (for short "the Act") is directed against the order dated 19.08.11, passed by the State Consumer Disputes Redressal Commission, Andaman & Nicobar Islands, Port Blair, (for short "the State Commission") in Complaint Case No. 1/2008. By the impugned order, the State Commission has allowed the complaint filed by the Complainant (Respondent herein) for delay in the delivery of the remains of his father, booked as cargo with the Appellant Airlines. The State Commission has awarded a sum of Rs. 2,45,000/- as compensation to the Complainant by the Airlines on account of deficiency in service and mental agony, with interest @ 12% p.a. from the date of filing the complaint till the recovery of the amount.

(2.) The father of the Complainant expired on 27.05.2008 at Bangalore. As the last rites of the deceased were to be performed at Andaman & Nicobar Islands on 28.05.2008, the Complainant decided to carry the remains of his father by air from Bangalore to Port Blair. The human remains were booked on 28.05.2008 as passenger's luggage by an early morning flight to Bangalore-Chennai-Port Blair under an airway bill. A sum of Rs. 8,230/- was paid by the Complainant as carriage charges on a chargeable weight of 100 kgs. In the airway bill, the nature and quantity of goods was shown as "human remains". The Complainant also travelled in the same flight. The scheduled time of arrival of the flight at Port Blair was 11.15 A.M. All the relatives were informed that the funeral ceremony would be performed at 12.00 noon on 28.05.2008. However, when the flight reached Port Blair, it was discovered that the package containing the human remains was not in the aircraft as it was not loaded on the flight proceeding from Chennai to Port Blair. The package was infact delivered to the Complainant on the following day i.e. 29.05.2008. Alleging gross negligence and serious deficiency in service, resulting in attack of Angina Pectoris to his mother who had come to the airport to receive the body of her husband, mental agony and pain, the Complainant filed the complaint before the State Commission claiming a compensation of Rs. 40 lakhs for deficiency in service and a further sum of Rs. 40 lakhs for mental agony.

(3.) The complaint was contested by the Airlines. Denying any deficiency in service or suffering of mental agony by the Complainant, it was pleaded that the cargo was not loaded in the flight to Port Blair inadvertently due to human error which "do occur sometimes." It was stated that realizing the mistake, the cargo was dispatched to Port Blair by the Airlines on 29.05.2008 without charging any additional amount.