A PANNEER Vs. NEPC AIRLINES

JUDGEMENT

(1.) The complainant who has lost his case before the District Forum is the appellant. The complainant was to travel in the Aircraft of the opposite party from Madras to Hyderabad on 11.3.1996 for which he had purchased a ticket. His case is that he was in the airport at 5.45 a. m. The commencement time of the flight was 6.45 a. m. but after some time it was announced that there would be a delay of one hour and then actually the flight took off only at 9.50 a. m. Thus there was a delay in the commencement of the flight and on account of that he could not reach his destination in time and due to the considerable delay he was much inconvenienced and he was put to hard ship and loss. Alleging deficiency in service on the part of the opposite party the complaint was filed.

(2.) The opposite party contended that there were 3 flights from Madras, one to Coimbatore, another to Hyderabad and the third one to Madurai. The Coimbatore flight was to commence from Madras at 6 a. m. and the Hyderabad flight at 6.45 am. and the Madurai flight at 6 a. m. It so happened that there was a technical snag in the aircraft which was to go to Coimbatore and it appeared that it would take one hour to rectify. Therefore the Hyderabad flight was diverted to Coimbatore. The Madurai flight came to Madras at 8.45 a. m. and that flight was diverted to Hyderabad at 9.50 a. m. Thus the delay occurred in the Hyderabad flight. There was no deficiency in service on the part of the opposite parties. Hence no liability can be claimed from them.

(3.) The District Forum on consideration of the evidence accepted the case of the opposite party and holding that there was no deficiency in service dismissed the complaint.