INDIAN AIRLINES Vs. K. BALACHANDRAN THAMPI

JUDGEMENT

(1.) M /s. Indian Airlines (presently known as "Air India Ltd. ") have challenged the common order of the Kerala State Consumer Disputes Redressal Commisision in Appeal No. 329 of 2012 (appellant -Indian Airlines) and Appeal No. 575/2011 (appellant K. Balachandran Thampi). These two are cross -appeals filed by the OP and the complainant, arising out of the same matter before the District Forum. The District Forum had allowed the complaint of Mr. K. Balachandran Thampi and the appeal of the OP/India Airlines has been dismissed by the State Commission.

(2.) FROM a perusal of the records, pleadings of the parties and arguments before the fora below, we find that OP/Indian Airlines has expended considerable amount of effort in justifying the delay and eventual cancellation of the flight. Their focus on the manner in which the delay and cancellation were handled vis -a -vis the passengers, has been much less than required as the complaint is about the deficiency of service to the passengers resulting from the manner of handelling of the delay and cancellation. It is not whether delay was technically justifiable or not. The case of the complainant is that:

(3.) CONSIDERING the case of the two sides, the District Forum decided to allow the complaint, awarding Rs. 25,000.00 as compensation and Rs. 4,000.00 as costs to the complainant. While doing so, the Forum has observed: