Chandigarh

StateCommission

A/104/2019

Chander Mohan Pathak - Complainant(s)

Versus

Air India Limited - Opp.Party(s)

Gaurav Bhardwaj Adv.

02 Sep 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

Appeal No.	:	104 of 2019
Date of Institution	:	28.05.2019
Date of Decision	:	02.09.2019

 

Chander Mohan Pathak aged 70 years  S/o Late Sh. Madan Mohan Pathak, (Earlier R/o Flat No. 354, CPS Enclave, Sector 48-A, Chandigarh).

 

Now resident of Flat no.09121, ATS Casa Espana, Sector 121, Mohali.

……Appellant/Complainant

 

V e r s u s

 

1. Air India Limited, SCO 162-164, Sector 34-A, Chandigarh, through its Branch Manager.
2. Air India Limited, Airlines House, 113, Rakabganj Gurudwara Road, New Delhi – 110001, through its Director Commercial.
3. Air India Limited, Airlines House, 113, Rakabganj Gurudwara Road, New Delhi – 110001, through its Chairman and Managing Director.

…..Respondents/opposite parties no.1 to 3

Appeal under Section 15 of the Consumer Protection Act, 1986.

 

BEFORE:         JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                        MRS. PADMA PANDEY, MEMBER

                        MR. RAJESH K. ARYA, MEMBER

               

Argued by:       Sh.Gaurav Bhardwaj, Advocate for the      appellant.

                        Sh.Navpreet Singh, Advocate for the respondents.   

 

 

PER PADMA PANDEY, MEMBER

                This appeal has been filed by the appellant/complainant (in short the appellant) for modification of the following order dated 24.04.2019, rendered by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short the Forum), in consumer complaint bearing no.47 of 2018 i.e. to enhance the compensation to Rs.1 lac, from Rs.10,000/- already awarded by the Forum:-

“For the reasons stated hereinabove, we hold that the Opposite Parties were deficient in rendering proper services to the Complainant. Considering all the facts and circumstances of the case, we partly allow the present Consumer Complaint qua Opposite Parties.  The Opposite Parties are, jointly & severally, directed as under :-

1. To pay an amount of Rs.10,000/- to the complainant as compensation for deficiency in service and for causing mental agony and harassment to him;
2. To pay Rs.7,000/- to the complainant as costs of litigation.

This order be complied with by the Opposite Parties within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amount mentioned at Sr.No.(i) above, with interest @12% p.a. from the date of this order, till realization, apart from compliance of direction at Sr.No.(ii) above.”

2.         Notice of this appeal was issued upon the respondents, upon which Sh.Navpreet Singh, Advocate put in appearance, on their behalf.
3.         Counsel for the parties did not dispute the facts of the case, noted down by the Forum, in the order impugned. During arguments, by placing reliance on the judgement of the National Commission, titled as Satya Prakash Gupta and anr. Vs. M/s British Airways and Ors., consumer complaint no.328 of 2014, decided on 21.05.2015, it was vehemently contended by Counsel for the appellant that meagre compensation awarded by the Forum to the tune of Rs.10,000/- needs to be enhanced to Rs.1 lac, on the ground that by serving non-vegetarian meals to the appellant and his wife, despite the fact that they are Brahmins and pure vegetarian, their religious feelings have been hurt and since there was a gross negligence and deficiency in providing service, and also, the fact that such incidents are not repeated in future by the respondents, they need  to be heavily penalized for the same.
4.         On the other hand, Counsel for the respondents contended that this appeal is liable to be dismissed, with costs.
5.         We have heard the contesting parties and have gone through the evidence and record of the case, very carefully.
6.          The moot question which falls for consideration, is, as to whether, compensation awarded by the Forum, in the facts and circumstances of the case, is adequate or needs to be enhanced.
7.         In the Indian society, especially in the Hindus, people have different kinds of beliefs.  Being oneself a strict vegetarian, sometimes becomes a condition of a particular faith and its violation may cause great hardships to its followers. Hinduism encourages vegetarian diet, though not all Hindus are vegetarian.  Hindus almost universally avoid beef since they consider the cow sacred. Hinduism’s vast scriptures contain thousands of passages recommending vegetarianism based on the profound link between ahimsa (non-violence) and spirituality.  The Yajur Veda says, “You must not use your God-given body for killing God’s creatures, whether they be human, animals, or whatever.” Mahatma Gandhi, took Hindu vegetarian observance one step further by declaring, “The greatness of a nation and its moral progress can be measured by the way in which its animals are treated.” 
8.         Our scriptures teach us that while the violence of slaughter wrongs animals, it also harms those who consume animals.  Causing unnecessary pain and death produces bad karma (ill-effects on oneself as a consequence of ill-treatment of others).  Belief in the sacredness of life, reincarnation, nonviolence, and the law of karma are central, inter-related features of the Hinduism’s “spiritual ecology.” While Hinduism’s basis for vegetarianism is deeply spiritual, its practical merit has also been confirmed by science. Science has proved beyond doubt that if ecology of this planet is to be preserved, then vegetarianism is to be enhanced by all means.
9.         It is not disputed that at the time of booking the tickets, for performing the said journey, the appellant and his wife had clearly specified therein that they be served “Vegetarian Hindu Meals”. It is also not seriously disputed that during return journey from Chicago to Delhi on 14^th Nov. 2016, the appellant and his wife were served non-vegetarian lunch on board and since there were no stickers pasted on the said meals indicating veg/non-veg. meals, they (appellant and his wife), when consumed the first morsel, realized that it was a non-vegetarian meal. Vide document dated 23.11.2016 (Annexure-3), online complaint in this regard was also lodged by the appellant, as a result whereof, the respondents, vide e-mail dated 19.01.2017, apologized for the inconvenience caused to the appellant. However, the appellant was not compensated for the same, by the respondents, despite making number of written requests, as is evident from the documents, on record, as a result whereof, they were forced to enter into this litigation.

                We are fully satisfied with the findings given by the Forum, in its order impugned before us  that it was for the Cabin Crew to check the record already provided by the appellant and his wife, before serving the meals to them, and as such, by not doing so, and providing them non vegetarian meals instead of pure vegetarian one, there was gross deficiency on the part of the respondents, as a  result whereof, compensation to the tune of Rs.10,000/- was awarded by it.

                It may be stated here that the abovesaid act and conduct of the respondents by serving non vegetarian meals instead of “Vegetarian Hindu Meals” to the appellant and his wife, not only amounts to grave negligence and deficiency in service on their part,  but, in our considered opinion, it is also an attempt to hurt their religious sentiments, especially, they being Hindus and pure vegetarian.  Generally, by faith, it is considered as a sin in the eyes of God. Though, in these types of cases, there cannot be actual compensation, yet, the non-pecuniary loss includes the compensation for anguish of the mind, mental tribulations, mental or physical shock, pain, suffering, disappointment, frustration, unhappiness, etc. Under these circumstances, it appears that the compensation awarded by the Forum is on the lower side. As such, keeping in mind the above, if compensation awarded by the Forum, is enhanced to Rs.40,000/- that will meet the ends of justice. The order of the Forum needs modification to this extent.

                At the same time, it is also held that we cannot equate compensation in the present case, to what has been given by the National Commission in  Satya Prakash Gupta and anr. case (supra), as the facts of the said case are entirely different to that of the present case. In that case, the complainants were neither provided the facility of wheel chairs at the relevant time, for shifting them from one aircraft to other aircraft, as they were unable to walk; no refreshments were provided to them at the airport; and also that they were provided only some boiled seeds and sweet boiled tomatoes instead of serving wholesome vegetarian vegan meals which too was not worth eating. It was under those circumstances, that the complainants in that case were awarded compensation to the tune of Rs.1 lac each.

10.         No other point was urged by the contesting parties.
11.         For the reasons recorded above, this appeal is partly accepted, with no order as to costs. The order of the Forum is modified, and the respondents are directed as under:-
    1. To pay an amount of Rs.40,000/- to the appellant/ complainant as compensation for deficiency in service and for causing mental agony and harassment to him, instead of Rs.10,000/- awarded by the Forum;
    2. To pay Rs.7,000/- towards litigation expenses to the appellant/complainant, as already awarded by the Forum.
    3. This order shall be complied with, by the respondents, within a period of 30 days, from the date of receipt of a certified copy of the same, failing which, the amount mentioned at sr.no.(i) above shall carry interest @12% p.a. from the date of passing this order, till realization, apart from making payment of cost, referred to above.

 

12.         Certified copies of this order, be sent to the parties, free of charge.
13.         The file be consigned to Record Room, after completion.

Pronounced.

02.09.2019

Sd/-

[JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

 

Sd/-

(PADMA PANDEY)

        MEMBER

 

Sd/-

(RAJESH K. ARYA)

MEMBER

Rg