J&K&L HC: Repeat Narcotics Offences After Release Can Justify Preventive Detention  ||  SC: Departmental Enquiry Required for Police Arrests Without Written Grounds  ||  SC: Preliminary Issue Cannot Be Tried Separately Once Trial on All Issues Has Begun  ||  SC: Police Claim of Sufficient Material for Chargesheet Does Not Entitle Accused to Default Bail  ||  Telangana HC: Father’s Role Beyond Financial Support Cannot Be Overlooked in Custody Matters  ||  Allahabad HC: Hindu Marriage Requires Essential Ceremonies, Arya Samaj Certificate Not Enough  ||  Delhi HC: Narco Test Cannot Be Forced on an Accused Without Consent  ||  Gujarat HC: Brothel Customer Not Liable for Operating Premises or Procuring Women  ||  MP HC: Civil Suits May Be Consolidated Where Issues and Evidence Are Common  ||  J&K&L HC: Personal-Enmity Assaults Concern Law and Order, Not Preventive Detention    

Air Arabia v. Pagdaloo Prashant Naidu & Ors. - (National Consumer Disputes Redressal Commission) (19 Aug 2016)

Revisional powers of National Commission can be exercised only if there is some prima facie jurisdictional error appearing in impugned order

Consumer

In instant case, deficiency in service alleged against present Petitioners was in respect of cancellation of flight. State Commission allowed Complainant’s appeal and awarded compensation.

Air Arabia failed to inform complainants regarding cancellation of their flight and rescheduling of the same. As a result, Complainants had to face considerable harassment at airport for over six hours. Hotel provided by OPs No.1 to 3-Thomas Cook at Nairobi was below standard. Counsel could also not deny that, vehicle provided for the tour was very old and not in a good condition and broke down on returning from Kenya. The City Tour was also not given as per schedule. Both Petitioners held guilty of deficiency in service in quality of service rendered to complainants.

Supreme Court in Mrs. Rubi (Chandra) Dutta v. M/s United India Insurance Co. Ltd., 2011 (3) Scale 654 has observed that revisional powers of National Commission are derived from Section 21 (b) of Consumer Protection Act, under which the said power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same be set aside. Commission dismissed Petition holding that, no jurisdictional or legal error had been shown in impugned orders to call for interference under Section 21 (b) of Act. The orders of the State Commission do not call for any interference nor does it suffer from any infirmity or erroneous exercise of jurisdiction or material irregularity.

Relevant : Section 21 of Consumer Protection Act, 1986, Mrs. Rubi (Chandra) Dutta v. M/s United India Insurance Co. Ltd.

Tags : SERVICE   DEFICIENCY   COMPENSATION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved