SPICEJET LTD Vs. HIMADRI SHARMA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 10.02.2009 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. FA/2007/769 SpiceJet Ltd. Vs. Himadri Sharma by which, while allowing appeal partly, order of District Forum allowing compensation was modified.

(2.) Brief facts of the case are that Complainant/respondent along with her parents was scheduled to fly back to Delhi from Kolkata by flight no. 616 of OP/SpeiceJet Airlines on 31.12.2006. The flight was scheduled to depart at 07.20 p.m. It was alleged that the flight was delayed without any reason and boarding passes were issued to the passengers only after 09.00 p.m. The flight took off from Kolkata airport without checking the weather conditions at Delhi airport. The flight was not allowed to land at Delhi and it was flown back to Kolkata. The complainant and her parents were left to fend for themselves. The OP airline refused to provide them minimum facilities for their comfort stay overnight. The father of the complainant, who is an officer in the Indian Navy, being a neuro patient needed comfortable sleep during the night and in the absence of any arrangements having been made by the OP airline the complainant and her parents underwent great mental and physical discomfort. It being New Year's eve the complainant found it very difficult to secure hotel accommodation. Her requests for providing lodging and boarding to her and to her parents were ignored by the OP airline. The complainant and her parents faced extreme physical discomfort during their overnight stay at Kolkata. They were flown to Delhi only on the next day. Alleging deficiency on the part of OP/petitioner, complainant filed complaint before District Forum. OP resisted complaint and disclaimed its liability to compensate the complainant and pleaded that the flight had departed from Kolkata on scheduled time but on account of dense fog and bad weather the flight was not allowed to land at Delhi and had to be flown back to Kolkata and rescheduling of the flight for the next day was because of the circumstances which were beyond its control and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.50,000/- as compensation and Rs.5,000/- as cost of litigation. Appeal filed by OP was partly allowed by learned State Commission vide impugned order and compensation was reduced to Rs.30,000/- from Rs.50,000/- against which, this revision petition has been filed.

(3.) Heard learned proxy Counsels for the parties and perused record.