State Consumer Disputes Redressal Commission
The Indian Airlines vs Smt. Longjam Rita Devi on 13 May, 2015
Daily Order
BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
(STATE COMMISSION)
IMPHAL
MANIPUR
First Appeal No. A/8/2011
(Arisen out of Order Dated in Case No. of District )
1. The Indian Airlines
M.G. Avenew ...........Appellant(s)
Versus 1. Smt. Longjam Rita Devi
Heingang
BEFORE:
HON'BLE MR. JUSTICE Ashok Postsangbam
PRESIDENT
HON'BLE MR. Th. Sudhir Singh JUDICIAL
MEMBER
For the Appellant: S. Premchand, Advocate
For the Respondent: Mr. Paosing, Advocate
ORDER
Heard Mr. S. Premchand, Ld. Counsel appearing for the Appellant and also heard Mr. Paoshing, Ld. Counsel appearing for the Respondent.
2. When the case was taken up for hearing on 06/05/2015, Ld. Counsel appearing for the Appellant submitted before this Commission that appeal was filed mainly against the quantum of compensation and he took time to obtain necessary instruction from his appellant. The Counsel has placed before us the instruction as to what would be the appropriate quantum of compensation. As instructed, the appellant has agreed to refund the value of the ticket i.e. Rs. 3672/- which was paid on 12/12/2010. In addition to the above, the appellant is also prepared to pay a sum of Rs. 5000/- by way of compensation for the harassment and agony suffered by the Respondent.
3. In view of the above development, we are not going into the merit of the case, and we are now concerned about the reasonableness of the offer made by the Appellant. As the petitioner has agreed to refund the value of the ticket plus a sum of Rs. 5,000/- as compensatory relief, this appeal is disposed of with direction given herein below :
4. Thus, it is ordered that the Appellant shall refund the sum of Rs. 3672/- being the price/value of the ticket purchased on 12/12/2010 to the Respondent and another sum of Rs. 5000/- by way of compensatory relief as offered by the Appellant. However, to meet the ends of justice and considering the case in its entity, we are of the considered view that the Respondent is entitled to something more than the offered amount as the Respondent was also deprived of using the aforesaid amount of Rs. 3672/- for a long time. In such circumstances, we deem it appropriate that an interest at the rate of 6% per annum chargeable to the ticket price i.e. Rs. 3672/- shall be paid by the Appellant to the Respondent.
5. The appeal is disposed of with the above modification of the impugned order dated 03/03/2011 passed in Compliant Case No. 1 of 2011. Statutory amount, if any, deposited by the appellant, shall be refunded to Appellant or to its authorized agent.
6. There shall be no order as to cost.
7. Send a copy of this order along with the case record to the District Forum. [HON'BLE MR. JUSTICE Ashok Postsangbam] PRESIDENT [HON'BLE MR. Th. Sudhir Singh] JUDICIAL MEMBER