The National Consumer Dispute Redressal Commission on 6th March 2013 dismissed the revision petition filed by Indian Airlines that had challenged the Kerala State Consumer Dispute Redressal Commission order of compensation enhancement awarded to an air passenger in matter of deficiency of services. The Kerala State Commission had affirmed the decision of the District Forum and awarded enhanced compensation to the complainant. The matter pertained to revision petition no. 4469 of 2012 in Indian airlines Vs. K. Balachandran Thampi wherein the Complainant was flying through Indian Airlines Flight to Bangalore to appear for an exam which was scheduled to take place on the day following the landing of the flight at Bangalore. The Flight was postponed and was subsequently cancelled owing to some mechanical defects. This fact was not disclosed to the complainant and he was informed about the same only after the delay of 7 hours from the scheduled flight, leaving no option for the complainant to board other flight or other conveyance to reach Bangalore for the important engagement of exam. Indian Airlines though had offered refund of flight charges. The complainant had also made repeated enquires about the operation of flight and had informed about the urgency of reaching to Bangalore to the concerned Airlines. The Airlines in spite of these enquires informed about the cancellation of flight after the time gap of 7 hours. The complainant missed the exam at Bangalore and thereafter owing to deficiency of services on behalf of airlines filed complaint to the district Forum alleging deficiency of services. The district Forum held the airlines liable for the deficiency of services and observed that airlines should have made alternative arrangements for the passengers to travel through another flight when the flight was delayed and observed further that the airlines had dealt with the matter with a callous approach and were grossly negligent in the issue wherein it did not informed about the delay for 6-7 hours signifying a total disconcern to the passenger woes. The District Forum awarded compensation to the complainant. Indian airlines appealed against the decision in State Commission wherein the state commission also affirmed the finding of the District Forum and enhanced the compensation awarded to the complainant. Indian airlines filed revision petition to the national Commission which dismissed the petition and observed that the complaint was with respect to the deficiency of services by the airlines in the manner of handling of the delay and cancellation of Flight in relation to the passengers and therefore Indian airlines should have lead evidence in matter to show conscious and sufficient efforts from their side to understand the impact of delay and cancellation on the passengers which they never produced and throughout pleading only tried to justify the delay caused. The Commission thereby dismissed the revision petition of Indian airlines.
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