For the Petitioner : Mr. Dhanesh Relan, Advocate For the Respondent No.1 : Mr. Vijay Pal Sharma, Advocate For the Respondent No.2 : N E M O

Dated, the 16th day of August, 2010

 ORDER

JUSTICE R.C. JAIN, PRESIDING MEMBER, (ORAL)

Aggrieved by the concurrent orders and finding of the fora below, the National Aviation Co. of India Ltd. has filed the present .2.. revision petition purportedly u/s 21 (b) of the Consumer Protection Act, 1986. Both the fora below had found the petitioner Airlines guilty of deficiency in service in not giving the advance intimation about the cancellation of their flight scheduled to leave Khajuraho at 1600 hours on 4.12.06 as a result the complainant was subjected to inconvenience and harassment. The plea of the Airlines was that the intimation about the cancellation of the flight was passed on to the travel agent of the complainant from whom he had booked the passage and similarly situated 10 other passengers were accommodated in the flight of Jet Airways which left Khajuraho at 1400 hours on the said date. Both the fora below held the Airlines guilty of patent deficiency in service and awarded compensation of Rs.50,000/- besides costs of Rs.1,000/-. 2. We have heard Mr. Dhanesh Ralan, learned counsel representing the petitioner Airlines and Mr. Vijay Pal Sharma, learned counsel for the respondent/complainant and have considered their respective submissions. Resultant inconvenience and harassment which a passenger suffers on account of cancellation of a flight is quite well known and we can take judicial notice particularly when the ..3.. flight was emanating from a place like khajuraho where the limited flights emanate every date. However, the complainant has not been able to establish any special loss occasioned to him due to the said cancellation of the flight and, therefore, we are inclined to modify the order passed by the fora below by reducing the compensation to Rs.30,000/- in all. The Revision petition stands disposed of accordingly. 3. Mr. Relan, learned counsel for the petitioner Airlines states that a sum of Rs.25,000/- had already been deposited with the District Forum. We, therefore, direct the concerned District Forum to disburse the said amount forthwith to the complainant besides, the petitioner directly remitting a sum of Rs.5,000/- to the respondent/complainant within a period of two weeks from today. Dasti