Document Fragment View

Matching Fragments

          As far as plea taken by Counsel for opposite party no.1 that the complainant is entitled to compensation equal to Euro 600 only, in accordance with Regulation (EC) No.261/2004 of the European Parliament and of the Council (EC Regulation) and that opposite party no.1 is liable for indirect and consequential damage as per Article 14.1.7 of the Conditions of Carriage, unless such damage is caused intentionally due to gross negligence or willful misconduct on its part. In the first instance, it may be stated here that sequence of events narrated above, leaves no doubt for this Commission to come to the conclusion that there was a high state of negligence and willful misconduct on the part of the opposite parties no.1 to 3, in handling the case of the complainant. Else what worst can happen to a person that during the period intervening of her journey, the complainant was not provided wheel chair as she was suffering from knee problem; she was not provided diabetic meal; she was not provided even drinking water at Denmark airport; she was taken into custody  because of her no fault as transit visa was not arranged by the opposite parties no.1 to 3 who arranged her re-routing; she was not provided basic facilities during her period of custody in Denmark including the bedding in accordance with her health; she was not provided language translator there so that she is able to communicate her version; she was not informed with regard to cancellation of her first flight; even she was not provided alternative arrangement from Copenhagen for the last leg for New Delhi; and her journey was delayed for about 52 hours.