Supreme Court: Breach of Contract is Not Cheating Unless Fraud Existed From the Outset  ||  Supreme Court: Specific Performance of an Agreement to Sell May be Denied After a Long Delay  ||  Supreme Court: Section 498A IPC Applies to Live-In Relationships in Nature of Marriage  ||  Supreme Court Awards Rs.83.38 Lakh to Child Left Paralysed, Stressing Impact on the Victim’s Future  ||  J&K and Ladakh High Court: Private Trust Cannot Oppose Wakf Takeover Without Legal Authority  ||  P&H HC: Courts Cannot Grant Protection to a Minor’s Live-In Relationship Prohibited By Law  ||  Chhattisgarh High Court: NEET OMR Tampering Allegations Cannot Rest on Mere Suspicion  ||  Allahabad High Court Upholds Conviction, Says a Reliable Dying Declaration Alone Can Sustain Guilt  ||  Bombay HC Criticises ITAT for Delays in Pronouncing Orders Beyond 90-Day Limit  ||  P&H High Court Criticises Punjab For Spending on Freebies and Ads While Delaying Employee Dues    

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