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Jet Airways (India) Ltd., represented by its Airport Manager v/s Thomas Joseph


Company & Directors' Information:- JET AIRWAYS (INDIA) LIMITED [Active] CIN = L99999MH1992PLC066213

Company & Directors' Information:- A V THOMAS AND CO LTD [Active] CIN = U51109KL1935PLC000024

Company & Directors' Information:- J THOMAS & CO PVT LTD [Active] CIN = U51909WB1947PTC015276

Company & Directors' Information:- JET(INDIA) PVT LTD [Active] CIN = U51109WB1984PTC038205

Company & Directors' Information:- THOMAS AND COMPANY PRIVATE LIMITED [Active] CIN = U45201DL1997PTC085284

Company & Directors' Information:- JOSEPH AND CO PVT LTD [Active] CIN = U01211KL1954PTC000507

Company & Directors' Information:- F C S AIRWAYS LIMITED [Strike Off] CIN = U51909HR1998PLC092804

Company & Directors' Information:- E R JOSEPH & CO PVT LTD [Strike Off] CIN = U28920WB1955PTC022404

Company & Directors' Information:- M R AIRWAYS PRIVATE LIMITED [Strike Off] CIN = U74120UP2010PTC039870

Company & Directors' Information:- AIRWAYS PRIVATE LIMITED [Strike Off] CIN = U62100PN2000PTC014770

    First Appeal No. 463 of 2016

    Decided On, 03 March 2020

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE MR. T.S.P. MOOSATH
    By, JUDICIAL MEMBER
    By, THE HONOURABLE MR. R. RANJIT
    By, MEMBER & THE HONOURABLE MR. K.R. RADHAKRISHNAN
    By, MEMBER

    For the Appellant: Shyam Padman, S. Reghukumar, Advocates. For the Respondent: G.S. Kalkura, Advocate.



Judgment Text


K.R. Radhakrishnan: Member

Opposite party in C.C. No. 324/2015 on the file of Consumer Disputes Redressal Forum, Ernakulam (‘District Forum’ for short) has filed this appeal against the order dated 28.04.2016 passed by the District Forum by which they were directed (1) to reimburse the complainant Rs. 33,000/- being the cost of air ticket purchased from Emirates Airlines with interest @ 9% per annum from 27.07.2013 till date of payment (2) to pay Rs. 50,000/- towards compensation for the mental agony and sufferings of the complainant and his family and (3) to pay cost of this proceedings which is estimated at Rs. 5,000/-. The respondent is the complainant before the District Forum. The opposite party was set ex-parte in the District Forum. Aggrieved by the Order of the District Forum the opposite party has filed this appeal.

2. The case of the complainant is as follows: Complainant had booked three return tickets for his family to travel from Cochin to Doha on 27.07.2013. On 27.07.2013, the complainant and his family approached the boarding counter at Cochin Airport for getting their boarding pass for the journey by 19.50 hrs. The counter supervisor Ms. Rita refused to issue boarding pass to the minor child Jewel Thomas on the ground that the visa was stamped on the old passport, despite the fact that the new and old passport were attached together and submitted. Since the complainant and his wife could not travel without their son, they requested the supervisor to issue boarding pass to the minor child also, on the undertaking that he will indemnify the opposite party for any financial liability if any caused due to such issuance of boarding pass. As the request was not heard, the complainant and his family could not travel on that day and they had to cancel their tickets. The complainant and his family had to postpone their journey to the next day at 04.20 hours, after purchasing air tickets for travel in Emirates Airlines for their travel on 28.07.2013. The complainant and his family travelled with the same visa of the child and reached Doha without any problem on the next day. On 13.08.2013 the complainant made a request to the opposite party to refund the ticket fare spent by him for his travel in Emirates Airlines along with reasonable compensation for the deficient service of the opposite party. It was not accepted and on 26.08.2013 the complainant received a reply stating that there was a circular to the opposite party from Emigration Department that all valid visa has to be transferred to the renewed passport and if not the guest is liable to be deported. Due to the deficiency in service on the part of the opposite party the complainant filed the complaint before the District Forum.

3. Proof affidavit was filed by the complainant and Exts. A1 to A7 were marked from his side. The District Forum allowed the complaint in part finding that the complainant had substantially proved deficiency in service on the part of the opposite party / appellant.

4. In the appeal it is submitted by the appellant/opposite party that they have not received any notice from the District Forum with regard to the case of the complainant. Appellant is a registered Company and they were not properly impleaded in the complaint. The address of the opposite party shown in the complaint is not correct or true. However, it is seen from the impugned order that there was no response from the opposite party in spite of receipt of notice from the Forum. No oral evidence was adduced by the complainant and Exts. A1 to A7 were marked from his side. As per the order dated 28.04.2016 the District Forum has allowed the complaint directing the opposite party to reimburse the complainant Rs. 33,000/- being the cost of the air ticket purchased from Emirates Airlines with interest @ 9% per annum from 27.07.2013 till date of payment, to pay Rs. 50,000/- towards compensation and Rs. 5,000/- towards cost of the proceedings.

5. Heard the learned counsel on both sides. Perused the records.

6. Even though we are not fully satisfied with the reasons stated by the appellant for not appearing before the District Forum and filing of version raising their contentions we consider that in the interest of justice an opportunity has to be given to the appellant/opposite party to file version and raise their contentions to take a decision on the complaint on merits. For that purpose the Order passed by the District Forum has to be set aside and the matter has to be remanded for fresh disposal. However setting aside the order of the District Forum and remission of the case can be allowed only on terms directing the appellant/opposite party to compensate the injury caused to the respondent/complainant. We consider that the appeal is to be allowed on condition that the appellant shall pay cost of Rs. 10,000/- to the respondent/complainant.

At the time of filing the appeal the appellant has deposited Rs. 25,000/-. The respondent/complainant is permitted to obtain

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the release of Rs. 10,000/- from the said amount, on filing proper application. The balance amount may be released to the appellant, on proper application. In the result, the appeal is allowed and the order dated 28.04.2016 passed by the District Consumer Disputes Redressal Forum, Ernakulam, is set aside. The matter is remanded to the District Forum for fresh disposal after giving opportunity to the appellant/opposite party to file version and to adduce evidence, if any. The District Forum shall dispose of the case as expeditiously as possible.
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