ASHA M PAI Vs. DECCAN AVIATION PVT LTD

JUDGEMENT

(1.) COMPLAINT filed by the appellants claiming compensation of Rs. 50 lakh was dismissed by Karnataka State Consumer Disputes Redressal Commission, Bangalore by the order dated 24.6.2005 observing as under:

(2.) H .M. Pai was the husband of appellant No. 1/complainant No.1 and father of appellant No. 2/complainant No. 2 and was managing director of Rajath Leasing and Finance Ltd. earning an annual income of about Rs. 6,00,000. On 9.6.2004 Mr. Pai booked tickets for himself and the appellants for journey by helicopter from Katra to Sanjichat and back by paying an amount of Rs. 12,000. After having darshan of holy Vaishno Devi the family returned to the helicopter service station within a short time Family wanted to visit Kaalbhairav, which is nearby but the respondent/opposite party informed that due to cloudy atmosphere helicopter service for the day may be cancelled and it was advised to return to Katra station at the earliest. Around 1.30 p.m. boarding passes were handed over to appellant No. 1 by the respondent. There was some dispute in carrying Mr. Pai and his two family members i.e., appellants in the same flight to Katra but somehow they managed to occupy the seats in the helicopter. Mr. Pai had a heart attack as a result whereof he died. Heart attack was alleged to have been triggered due to sequence of events as noticed in detail in para Nos. 4,5 and 6 of the complaint. Thus, alleging deficiency in service, complaint was filed claiming amount of Rs. 50 lakh by way of compensation against the respondent.

(3.) CONSEQUENTLY , while allowing appeal the order dated 24.6.2005 is set aside and case remanded to the State Commission for complaint being decided afresh on merits after affording reasonable opportunity of adducing evidence to the parties.