COMMON CAUSE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS complaint petition has been filed by the well -known Consumer Organisation 'Common Cause' seeking redressal of the grievance of air passengers who were put to great amount of inconvenience and hardship on account of disruption of a large number of flights of Air India caused by reason of a sudden strike resorted to by members of the Indian Flight Engineers Association (respondent No. 3) in February, 1993. It is averred in the petition that for a period of about six weeks from February 27,1993, nearly 200 flights normally operated by Air India (respondent No. 2) had to be cancelled due to the strike by its Flight Engineers who are members of the Indian Flight Engineers Association (respondent No. 3) and as a result thereof many persons who had booked their journeys by Air India flights were put to great hardship and loss and the image of the Airline which is the National Flag Carrier of this country had severely suffered within the country as well as abroad. In addition, huge loss had been caused by reason of strike to Air India which is a public sector enterprise and such loss is ultimately a loss to the general public.

(2.) THE case of the complainant is that the second respondent viz., Air India as well as the members of the Indian Flight Engineers Association (respondent No. 3) which is a Trade Union owe a duty to the passengers who. had booked their flight in Air India and hence who are consumers to see that the service which had been hired by them on payment of very high charges by way of air fare was duly performed without any deficiency and both Air India as well as the third respondent Union are answerable to the consumers for the inconvenience and loss caused to them by reason of the strike which necessitated cancellation of inumerable flights. The complainant has estimated the loss as suffered by roughly about 30,000 passengers whose flights were cancelled on account of the strike at the minimum figure of Rs. 30 crores. Since the purpose of the instant petition is to establish the accountability of both Air India and the members of Indian Flight Engineers Association to the consumer travelling public in the matter of due performance of tine contract of carriage without any disruption by reason of sudden strikes etc. the petitioner has prayed for the award of only nominal compensation of Rs. 10 lakhs to be paid by Air India -respondent No. 2 and Rs. 5 lakhs by respondent No. 3 (Indian Flight Engineers Association) with a request that both the aforesaid payments may be directed to be made to the Consumer Welfare Fund established by the Union of India. There is a further prayer in the petition that the respondents should be directed to take appropriate steps to ensure that in future strikes of this nature do not come about so as to cause serious problems and losses to the passengers who have booked their flights by Airlines.

(3.) REFERENCE has been made in the written statement of Air India to the decision of this Commission in Consumer Unity and Trust Society, Calcutta v. Chairman and Managing Director, Bank of Baroda, I (1992) CPJ 18 (NC)=1991(1) C.P.R. 263. Reliance has been placed on the observations contained therein to the effect that any disruption of service caused by an illegal strike resorted to by the employees of the opposite party -Bank will fall within the well -known exception of 'force majeure' and it cannot therefore form the basis for the award of any compensation under the Consumer Protection Act since the failure to perform the service is not attributable to any negligence on the part of Bank.