JUDGEMENT
M.V.VISWANATHAN, J. -
(1.)Appellants are the opposite parties and respondent is the complainant in
CC.503/06 on the file of CDRF, Ernakulam. The complaint therein was filed
alleging deficiency in service on the part of the opposite parties in
providing a seat in the flight. So, the complainant claimed compensation
for the deficiency in service on the part of the opposite parties. The
opposite parties entered appearance and filed written version denying the
alleged deficiency in service. They contended that they issued confirmed
tickets to the passengers including the complainant but they also issued
confirmed tickets with the expectation that there will be cancellation of
the tickets. It is also contended that it is the usual practice prevailed
in the filed regarding issuance of air tickets with OK status. Thus, the
opposite parties prayed for dismissal of the complaint.
(2.)Before the Forum below, power of attorney holder of the complainant
was examined as PW1 and witness from the side opposite party was examined
as DW1. Exts.A1 to A8, B1 and B2 documents were also marked on the side
of the parties to the complaint in CC.503/06. On an appreciation of the
evidence on record, the Forum below passed the impugned order dated
28.3.07 allowing the complaint and directing the opposite party Indian
Airlines to pay Rs.20,000/- as compensation with cost of Rs.1000/-. Hence
the present appeal.
(3.)We heard both sides. The learned counsel for the appellants/opposite
parties submitted his arguments based on the grounds urged in the
memorandum of the present appeal and argued for setting aside the
impugned order passed by the Forum below. On the other hand, the learned
counsel for the respondent/complainant supported the order passed by the
Forum below.
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