1.       This First Appeal, by Air India Ltd., the sole Opposite Party in the Complaint, is directed against the order dated 12.06.2015, passed by the Kerala State Consumer Disputes Redressal Commission at Thiruvananthapuram (for short “the State Commission”) in Complaint Case No. CC/62/14.  By the impugned order, while accepting the Complaint filed by the three Respondents herein, alleging deficiency in service on the part of the Appellant in not allowing them to board the flight at Agatti Island in Lakshadweep to Kochi on 10.05.2014, despite their having confirmed tickets, the State Commission has directed the Appellant to pay to each of the Complainants a compensation of ₹5,00,000/- with interest @ 9% p.a. from the date of the Complaint till realization.

2.       It is pointed out by the office that the present Appeal is barred by limitation, inasmuch as there is a delay of 196 days in filing the same.  An Application, seeking condonation of delay, has been filed by the Appellant, explaining the afore-noted delay.  The explanation furnished is the standard off repeated viz. the procedural delay in processing of the case from place to place and interestingly in obtaining approval of the higher authorities for making a statutory deposit of ₹35,000/- at the time of filing of the Appeal.

3.       The Application, seeking condonation of delay, is vehemently opposed by the Respondents by filing their separate affidavits. 

4.       Although we are not fully satisfied with the explanation furnished on behalf of Air India for condonation of the afore-noted inordinate delay, yet, regard being had to the quantum of compensation awarded (₹15,00,000/-) in favour of the Complainants, who were stated to be on official visit, we are of the view that the Appellant has a good case on merits and, therefore, the Appeal does not deserve to be dismissed only on the ground of delay.  Accordingly, we allow the Application and condone the said delay, subject to the Appellant paying to each of the Complainants costs of ₹5,000/-.

5.       Adverting to the merits of the Appeal, it is strenuously urged by Mr.Karan Grover, learned Counsel engaged by the Appellant, that the compensation awarded is disproportionate to the harassment or mental agony allegedly suffered by the Complainants.  It is submitted that the error in the issue and confirmation of the ticket occurred because the names of the Complainants were left out of the computer system due to migration of Alliance Air system to SITA on 09.05.2014 and, therefore, there was no conscious deficiency on the part of the Airlines.     

6.       Insofar as the question of deficiency in service on the part of Air India, in not ensuring that the passengers with confirmed bookings were able to board the flight, is concerned, we are in complete agreement with the findings returned by the State Commission on the issue at hand.  Nevertheless, we are inclined to agree with learned Counsel for Air India that the compensation awarded to the Complainants is disproportionate to the agony undergone by the Complainants.  

7.       Having heard learned Counsel for the parties on the point and perused the contents of the Complaint, wherein a compensation of ₹25,00,000/- each had been claimed by the Complainants, on account of trauma and mental agonies suffered by them for about 38 hours for no fault of theirs, we are of the opinion that regard being had to the status of the Complainants, one of them being a Banking Ombudsman and the other two being the Assistant Managers of the Reserve Bank of India, which had arranged the training event at Agatti Island, the award of compensation of ₹1,00,000/- to each one of them would meet the ends of justice.  While awarding the said compensation, we have also taken into consideration the fact that at Agatti Island, adequate accommodation for the unscheduled visitors is not available and the Complainants must have undergone trauma and mental strain for being stranded for an admitted period of over 24 hours.

8.       Consequently, the Appeal is partly allowed and the impugned order is modified to the extent that instead of compensation of ₹5,00,000/- to each of the Complainants, as awarded by the State Commission, they shall be entitled to compensation of ₹1,00,000/- each.

9.       It is stated that a sum of ₹3,00,000/- already stands deposited by Air India in this Commission in terms of order dated 18.05.2016.  That being so, the said amount shall be released to the Complainants forthwith along with accrued interest, if any.  The balance amount due in terms of this order shall be remitted to each of the Complainants by the Appellant within four weeks from the date of receipt of a copy of this order, failing which the said amount shall carry interest @ 9% p.a. from the date of filing of the Complaint till realization.

10.     The statutory amount deposited by the Appellant at the time of filing of the Appeal shall stand transferred to the Consumer Legal Aid Account – NCDRC.

11.     The Appeal stands disposed of in the above terms, leaving the parties to bear their own costs.