K S PURI Vs. AIR DECCAN

JUDGEMENT

(1.) The complainants were the ticket holders of Air Deccan flight No. DN-541 from Delhi to Pathankot. The tickets were confirmed for travelling on 23.12.2006. The complainants alleged that they were at the Delhi Airport as per the time mentioned on the tickets but the flight was cancelled and they were given a certificate enabling them to get full refund from the point of purchase. On this certificate, it was mentioned that the flight stands cancelled. No reasons have been mentioned on that certificate as to why the flight was cancelled.

(2.) State Commission, Delhi in the judgment M/s. Alliance Air Limited V/s. Daljit Singh Nirman, Appeal No.492/2000 decided on 28.11.2006 observed as under: "24. Late running and cancellation of flights, off-loading of consumers with confirmed status of ticket, traffic congestion in the Air and on the ground is becoming order of the day. Since there are large number of consumers who suffer enormously in terms of time, mental agony, harassment and physical sufferings and discomfort by missing professional or business meetings and connecting flights, we by this general order give the following directions: (i) That every Airlines operating from Delhi shall pay minimum compensation of Rs.10,000 to every domestic passenger in case there is delay in departure and arrival of two hours or more than the schedule time and Rs.20,000 in case of International flights of Airlines of this country, if delay is more than four hours or so. Condition is that such a delay should not be the result of weather or act of nature, poor visibility, tyre burst or bird hits and the like as every other cause of delay is manmade and is within the control of human being.25. We have passed this general order in terms of Sec.12, read with Sec.14 (hb) of the Consumer Protection Act, 1986 , where numerous and potential consumers have similar interests and sufferings and are not conveniently identifiable. In case no such payment is made and consumer approaches the Consumer Forum, the Airlines shall be visited with heavy punitive damages.27. Copies of this order be sent to the Chairman/managing Director of all the National/international Airlines of the Country viz. Air Sahara, Indian Airlines, Jet Airways. Kingfisher Airlines, Air Deccan, etc.29. Copy be sent to all the National dailies for the information of services providers and benefit of the consumers. "

(3.) The appellants herein lodged claims with the Air Deccan dated 30.12.2006 and 13.1.2007. The claims were duly received by Air Deccan in Bangalore but the relief prayed for in the claims was not granted. The appellants filed an execution application before the District Forum at Hoshiarpur praying therein that the order of State Commission, Delhi, to which reference has been made above, be executed. This was on the ground that the damages for cancellation of the flights, etc. had been quantified by the State Commission, Delhi and the appellants were only wanting the execution thereof on the ground that their flight was cancelled from Delhi to Pathankot.