KING FISHER AIRLINES LTD Vs. B.V. KRISHNA REDDY

JUDGEMENT

(1.) Aggrieved by the order of the District Consumer Forum, West Godavari District at Eluru, dated 30.06.2007 in CC.No.144/2006, opposite party No.1 preferred this appeal.

(2.) The brief facts as set out in the complaint are he scheduled to travel from Vijayawada to Chennai to Cochin and Cochin to Chennai on 16.6.2006 and 18-6-2006 respectively along with others. Accordingly he reserved 3 and 6 Air tickets through opposite party No.2 on 12-6-2006 by paying air fare. The complainant alleged that the scheduled flights were rescheduled and ultimately cancelled on the respective dates without prior information. He further alleged that due to sudden cancellation, they felt much inconvenience. The complainant submitted that on 30.8.2006 he booked two tickets one for him and another for his wife to travel from Kolkata to Hyderabad on 31-8-2006 and accordingly they reached Air Deccan Office and attended for screening process. The complainant alleged that the staff refused to issue boarding pass on the ground that he was possessing pistol and that he was forced to miss the flight. The complainant submitted that since his journey was cancelled, he got another flight by spending Rs.11,600/-. He alleged that the cancellation of flight without prior intimation amounts to deficiency in service. Hence, the complaint.

(3.) Opposite party No.1 resisted the case. However, it admitted that the cancellation of the flights was due to technical defect and it was absolutely beyond their control and this fact was intimated through E Mails from Head Operation Control Centre. The opposite party contended that in the normal course carrying arms and ammunitions in the flight is not permitted and it is within the jurisdiction of the Security Agencies to grant permission and clearance to carry the arms in the flight or deny the same. The complainant was advised to take necessary permission from the Security at the airport to book his pistol in the flight. He insisted for issuance of boarding pass and tried to leave the pistol with the officials without obtaining permission from the Security. On 31.8.2006 the flight departed very well on time except for 15 minutes delay due to engineering boarding clearance. The opposite party submitted that they have refunded all amounts against the said tickets except the ticket for Kolkata to Hyderabad as the complainant missed the flight as such, he is entitled to refund except the tax amount ie.Rs.450/-