HC asks Deccan Aviation to pay compensation of Rs 83,000 to passenger

The Supreme Court has declined to stay a Delhi High court order, which asked the airline carrier Deccan Aviation Ltd to compensate a passenger who failed to reach his destination on time after his flight got cancelled.

The Supreme Court has declined to stay a Delhi High court order, which asked the airline carrier Deccan Aviation Ltd to compensate a passenger who failed to reach his destination on time after his flight got cancelled.

Challenging the High Court decision that upheld earlier consumer court rulings, Deccan approached the apex court. The bench, presided over by Justice Arijit Pasayat, however, refused to stay the impugned decision and dismissed the petition.

A consumer court held the airline guilty of deficiency in services following cancellation of a flight due to poor maintenance of its aircraft. The order came on the complaint of one Amit Gupta, who got stranded due to cancellation of a flight .

The High Court, while observing that the passenger cannot be burdened with additional litigation cost for contesting Deccan Aviation’s petition before it, had asked the carrier to pay litigation expenses of Rs 50,000 to Gupta in addition to about Rs 33,000 by way of difference in fares and compensation, as ordered by consumer courts earlier.

Submitting that the High Court cannot direct it to pay the passenger, the airline said an important question of law is raised with regard to the operation of flights and the obligation of operators in the event of cancellation and delay of flights due to technical reasons.

While both the district forum and Delhi Consumer Dispute Redressal Commission had asked the airline to pay compensation for deficiency in service to the passenger, the airline contended the consumer fora acted outside their jurisdiction.