Research › Search › Judgment

Madhya Pradesh High Court · body

2010 DIGILAW 613 (MP)

Satish Tiwari v. Managing Director, AIR India, Mumbai

2010-06-23

NEERJA SINGH, PRAMILA S.KUMAR, S.K.KULSHRESTHA

body2010
Judgment S.K. Kulshrestha, J.: - By this appeal the appellant assails the order dated 17-1-2008 passed by the District Forum, Bhopal in Case No. 119/2007. 2. It is not disputed that the appellant was one of the passengers in the Indian Airlines Flight from New York to Mumbai via Frankfurt. The case of the appellant is that on account of some technical snag the aircraft remained grounded for almost 11 hours and during this period no refreshment and other facilities/amenities were provided to the passengers. At 11:30 p.m. the cancellation of flight was announced at Frankfurt. After cancellation, the passenger was taken to the hotel for night stay but, no arrangements were made by the Airlines to provide facility to contract the relatives. It was further stated that the complainant had already booked air ticket from Mumbai to Bangalore of 3-10-2006 and from Bangalore to Mumbai of 4-10-2006 as he had to attend a conference at Bangalore. It has been further averred that the complainant had to get all these tickets cancelled and rescheduled his programme in which he spent 100 Euro. 3. Counsel for the Airlines brought to our notice "General Conditions of Carriage - Passenger and Baggage" applicable to Air India. By referring to this document the Counsel has pointed out that the carrier undertakes to use its best efforts to carry the passenger and his or her baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. If due circumstances beyond its control Carrier cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at passenger's stopover or destination point, or causes the passenger to miss a connecting flight on which the passenger holds a reservation, Carrier shall either carry the passenger on another of its scheduled passenger services on which space is available or reroute the passenger to the destination indicated on the ticket or applicable portion thereof by its own scheduled services or the scheduled services of another carrier or by means of surface transportation. 4. Learned Counsel has also invited attention to Exh. C-1 to the effect that upon arrival further mechanical troubles were reported and aircraft delayed. Refreshments were served to pax at gate. At 20.30 LT aircraft was declared AOG, as spare-part was not available at FRA. Night stop-at FRA and new ETA given 03 OCT 06 10.30 LT. 4. Learned Counsel has also invited attention to Exh. C-1 to the effect that upon arrival further mechanical troubles were reported and aircraft delayed. Refreshments were served to pax at gate. At 20.30 LT aircraft was declared AOG, as spare-part was not available at FRA. Night stop-at FRA and new ETA given 03 OCT 06 10.30 LT. All passengers were accommodated at "STEIGENBERGER AIRPORT HOTEL" and were provided dinner and breakfast. 5. This document does not support the story narrated by the complainant that he and other passengers were left neglected for the entire day and had to suffer throughout. Since at Frankfurt spare parts were not available and, therefore, for want of availability of the parts, the aircraft could not be repaired immediately, the airlines cannot be branded as deficient in service except to the extent the costs incurred by the appellant for rescheduling his flights. 6. Accordingly, this appeal is disposed of with direction to the Airlines to pay 100 Euro to the complainant, the amount spent in rescheduling his flights from Mumbai to Bangalore and then to Bangalore to Mumbai. This appeal is thus, partly allowed with no order as to costs.