Page 274 - DMGT306_MERCANTILE_LAWS_II

Unit 13: Consumer Protection Act

So far as the compensation was concerned the State Commission had taken all relevant Notes
factors into account and fixed the amount at 1.50 lakhs which was reasonable.

Source: http://www.consumerdaddy.com/

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Case Study Removal of Ladder of an Aircraft while Disembarking
by the Passenger— Deficiency in Service

n Station Manager, Indian Airlines v. Dr. Jiteswar Ahir [First Appeal No. 270 of 1994
decided on 28.2.1996 (NCDRC)] when the complainant-passenger occupied his seat in
Ithe aircraft, an announcement was made that his luggage was lying on the ground
unidentified and that he should disembark to identify his luggage. According to the
complainant he moved towards the rear door, and finding that the step ladder was attached
to the aircraft door, he stepped out on to the staircase but before he could actually put his
entire body weight on the staircase the ladder was suddenly removed as a result of which
he fell down on the ground and sustained bodily injuries which was reported to be about
10 percent. As against the complainant’s claim of 10 lakhs the airlines was willing to pay
40,000 as compensation which according to them was the maximum statutory liability of
the Corporation under the Carriage by Air Act, 1972.
The State Commission, after examining witnesses and the medical boards report held that
there was dangerous deficiency in service and having regard to the expert opinion and
other medical reports, it ordered payment of compensation of 4 lakhs and 1 lakh for
mental agony and distress plus costs.
In appeal by the Corporation, the National Commission, upholding the State Commissions
order, held that in terms of regulations relied upon by the appellant Corporation, if it was
proved that the accident caused to the complainant had resulted in a permanent disablement,
incapacitating him from engaging in or being occupied with his usual duties or his business
or occupation, the liability could not exceed 5 lakhs. This case related to the incapacity
and permanent disability to the extent of 10 per cent and, therefore, the compensation
could not exceed 5 lakhs. The State Commissions assessment of compensation of 4
lakhs was justified, considering the age of the complainant (37 years) at the time of accident
and his having lost earning capacity. The State Commission was also right in awarding
compensation of rupees one lakh for the complainant’s mental suffering and agony as
well as feeling of inferiority in social relations.
Deficiency in service cannot be alleged without attributing fault, imperfection, and
shortcoming or in adequacy in the quality, nature and manner of performance which is
required to be performed by a person in pursuance of a contract or otherwise in relation
to any service. The burden of proving deficiency in service is upon the person who alleged
it. When the complainant has not established any willful fault, imperfection, shortcoming
or inadequacy in the service of the respondent, there can be no deficiency in service.
In Ravneet Singh Bagga v. KLM Royal Dutch Fintimes [1999(7) SCALE 43], the complainant
booked a ticked from Delhi to New York by a KLM plane. The airport authorities in New
Delhi did not find any fault in his visa and other documents. However at Amsterdam, the
airport authorities instituted proceedings of verification because of which the appellant
missed his flight to New York. After reaching New York, the airlines tendered apology to
the appellant for the inconvenience and paid as a goodwill gesture a sum of 2,500. The

Contd....

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