M.ESWARA PRASAD Vs. AIR DECCAN, BRANCH MANAGER NTR AIRPORT

JUDGEMENT

(1.) The appellants are the unsuccessful complainants in CD 161/2007 before the District Forum III, Hyderabad, where under, compensation claimed from the respondents/opposite parties for cancellation of Air ticket booked by them on the date of journey from Bombay to Hyderabad was dismissed Assailing the impugned order as erroneous and sought for the reliefs prayed for in the complaint.

(2.) The facts of the case in brief are that the complainants are the advocates practicing at Hyderabad. In their return journey from Bombay to Hyderabad they booked Air tickets from OP on 22.6.2006 but they could not perform their journey as it was averted due to the conduct and cancellation of flight. On account of sudden cancellation, the programme of the complainants was very much defeated. Having issued valid air tickets the opposite parties have unilaterally cancelled the flight and it was cancelled even after issuing boarding pass which speaks volumes of negligence and as well deficiency in service. Therefore claimed for payment of compensation of Rs. 2 laksh with interest and costs there on from OPs 1 and 2.

(3.) The OP.2 filed its version stating that the complainants have not furnished the complete particulars of booking . There was no cancellation of flight on 17.6.2006. As per the terms and conditions of the contract, the Air Deccan had a right to delay or cancellation of the flight without notice. The Airlines being low cost and it is a point to point airline and protected by the clause incorporated in the conditions. The OPs 2 is a statutory authority whose function is to manage the infrastructure and therefore it has no role to operate airport operations. The Director General of Government of India is the concerned authority.