M.THANIKACHALAM, J. - (1.) The complainants and the opposite parties in C.C.2/2004 on the file of the District Forum, Chennai [South] are the appellants in F.A.36/2011 and F.A.600/2011 respectfully.
(2.) Facts necessary for the disposal of both the appeals:- The complainants, having purchased Air Ticket from the first opposite party, traveled from Chennai to Bangalore on 11.05.2003 and Bangalore to Chennai on 12.05.2003, in the Aircraft of Jet Airways Flight No.9W 3508. On 12.05.2003, when they have boarded in the flight at 20.20 hours, it was hot and the air conditioners were not functioning. Even after taking off at the slow movement on the runway, temperature continued to be high inside the aircraft, for which, explanation was given by the Air Hostess, that air conditioner was not functioning, on one side of the plane. The Captain of the Aircraft by name Mr.Reddy also expressed his regret that the A/c was not functioning properly. The defects were noticed before the take off, as disclosed by the Airhostess and in spite of the fact, there was defect in the Aircraft without attending and Aircraft was not having airworthiness, they have operated the Aircraft, thereby causing suffocation, physical discomfort, agony, anxiety throughout the travel for 65 minutes, which should be construed as deficiency in service, for which, each complainant is entitled to compensation of Rs.5 lakhs, which was denied, despite notice, thereby compelling the complainants to file a case, claiming compensation as said above.
(3.) The opposite parties in their Written Version, questioning the correctness of the complainants? plea, opposed the case, stating that one of the engine is started before boarding of the passengers to ensure that the cabin is fully air-conditioned and the temperature is maintained at a comfortable level, that the A/c system in the Aircraft operated on 12.5.2003 was in a proper working condition, that if an Aircraft is not air-worthy, then under no circumstances, it will be permitted to take off since no clearance will be given by Ground Support Engineers, that in this case, Ground Support Engineers certified the air worthiness of the Aircraft, allowing to take off and in such circumstances, there is no question of carrying out any repairs or shifting the passengers to any other Aircraft and that since they have not committed any deficiency, not answerable to the imaginary claim of the complainants.;