AIR AMBULANCE AVIATION Vs. GULNAZ BANO

JUDGEMENT

(1.) These Revision Petitions have been filed against the common impugned Order dtd. 7/12/2017 passed by the Ld. State Consumer Disputes Redressal Commission, Uttar Pradesh in Cross Appeal Nos. 2682 of 2016 and 1828 of 2016, vide which the Order of the Ld. District Forum was modified.

(2.) These Revision Petitions arise from the common impugned Order based on the same Complaint, therefore these Petitions are being disposed of by this common Order. However, for the sake of convenience, RP No. 256 of 2018 is treated as the lead case.

(3.) The factual circumstances leading up to the present Petition are that the Complainant/Respondent who is a resident of Lucknow, faced an extremely distressing and urgent situation when her husband suffered a severe heart attack on 25/7/2011. Following initial treatment at Lari Cardiology, K.G. Medical College, Lucknow, the doctors conducted a coronary angiography on 28/7/2011, which revealed two critically blocked arteries. The hospital administration emphasized the need for an immediate bypass surgery within 2-3 days to avoid another life-threatening heart attack. Given the lack of necessary facilities locally, the family decided to airlift the patient to Fortis Escorts Heart Institute (FEHI) in New Delhi. The Complainant searched online for air ambulance services and contacted Air Ambulance Aviation/Petitioner whose contact details were provided on their website. The Petitioner assured prompt and professional service to transport the patient. After initial negotiations, the Petitioner quoted Rs.1,90,000.00 to airlift the patient from Lucknow to Delhi, following a shared flight arrangement with another patient from Bangalore. The Complainant was informed that Rs.50,000.00 had to be paid immediately to secure the booking, with the remaining Rs.1,40,000.00 to be transferred later. Trusting their assurances, the Complainant transferred Rs.50,000.00 to the company's account by 1:00 PM on 29/7/2011 and emailed the patient's medical summary as requested. Subsequently, Rs.1,40,000.00 was transferred by 4:00 PM via NEFT. Despite these payments and assurances from the company, the promised flight at 7:00 PM never arrived.