Decided on October 17,2008

Suraj Tiwari Appellant
Spice Jet Ltd. Respondents


D.APPA RAO, J. - (1.) HAVING heard the learned Counsel for the appellant, and on perusing the record, we are of the opinion that the matter can be disposed of at the stage of admission itself.
(2.) THIS is an appeal preferred by the unsuccessful complainant against the order of the Dist. Forum -III, Hyderabad in dismissing his complaint.
(3.) THE case of the complainant in brief is that he went to Kolkata on 7.7.2007 and on completion of his work he intended to return to Hyderabad by flight No. SG 527 of respondents herein on 8.7.2007. The schedule departure was at 2.40 p.m. While so, as there was heavy rain, he reached the airport at 2.10 p.m. with a late of five minutes. He requested the respondents staff to allow him to board the flight, however, they denied the boarding pass. The staff of the respondents unnecessarily picked up quarrel till 2.20 p.m. In spite of his request they did not accede and finally endorsed on the ticket -Reached reporting at 2.20 p.m -. Though he reached in time, the respondents did not allow him to board the flight and therefore he issued legal notice and sought for refund of Rs. 3,174 together with compensation of Rs. 25,000 and costs. The respondents filed counter and resisted the case. While admitting that the appellant had booked a ticket in their flight scheduled to depart at 2.40 p.m. on 8.7.2007 but he reported at the check in counter at 2.20 p.m. He had to check in for the flight at least 30 minutes before the departure, and failure to do so will result in forfeiture of the fare as per the terms of the carriage. There was no dispute with their staff. All this was created only to show that he was not at fault. In fact, the last call for issuing boarding pass was made at 2.11 p.m., evidenced from the record. There was no deficiency in service on their part, and therefore, prayed for dismissal of the complaint with costs.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.