Judgment:
S.C. Jain, J.
Oral:
1. This appeal has been filed by the appellant against the Ex-Parte order dt.11.12.2007 of District Consumer Disputes Redressal Forum K.G.Marg, New Delhi in complaint case no.1682/05. The brief facts of the case are that the respondent/complainants booked two helicopter tickets from Baltal to Amarnath and Amarnath to Baltal for taking the journey on 12.07.2005 through OP no.2 in the complaint case i.e M/S NIT World Wide Holidays vide their receipt no.3898 dt. 08.07.2005 for Rs 10,500/- each total amounting to Rs.21,000/- along with the booking of the helicopter, OP no.2 also booked rooms for the respondent/complainant from 11.07.2005 to 14.07.2005 at Sonmarg and Srinagar. The appellant/OP.no.1 confirmed bookings of the respondents/complainants vide its own receipt.no.0097. Complainant/respondent also booked two air tickets from New Delhi to Srinagar and back through M/S Travels Squares National for an amount of Rs.13,909/- vide Travels Squares receipt.no.504 dt.31.05.2005.
2. The respondent/complainant before the District Forum agitated that they reached at Srinagar on 11.06.2005 and stayed there for one night Hotel and next morning on 12.06.2005 they reached at Baltal Helipad at 6:30 am for taking Jagson Airlines helicopter flight to Amarnath Shrine. The complainant/respondent had stated in their complaint that they had engaged a helicopter service because of old age and ill health and to make herself comfortable to have Yatra of Amarnath Shrine. But till 11:00am on 12.06.2005 there was neither helicopter of Jagson Airlines nor any staff members was present at the helipad whereas helicopters of M/S Himalayan Airlines were flying from that helipad. After a long wait, some staff member of the Jagson Airlines came and took their tickets and in good faith they handed over their tickets to the staff of the appellants, after some time the staff of the appellant came back with the tickets with a stamp affixed on the tickets âflight cancelâ due to bad weather and tech (Full Refund). By this time ½ of the day was over, there was no bad weather in Baltal and other airlines were operating and on enquiry from the staff of OP/appellants, complainant were told that there was no chances of take off tomorrow as well. On this complainant/respondent vacated the hotel and came back to Srinagar and again on 14.062005 after spending lot of amount on stay and other things, went to the helipad at Baltal in the Hope that Jagson Airlines might take them to the Amarnath Shrine, but it was to their dismay that the story was the same on that day also.
3. Aggrieved by the conduct of the appellants/OP no.1, respondents/complainants wrote to the appellant/OP no.1 to compensate them for the loss caused to them and for mental agony and harassment suffered by them. When complainant failed to get any response from the Ops then complainant/respondent filed the complaint with the District Forum.
4. The District Forum on none appearance of the Ops proceeded with Ex-Parte against them and after hearing the complainant/respondent and on the basis of their evidence filed by way of affidavit ordered the OP to pay an amount of Rs.33,289/- as loss incurred to the complainant due to the lapses of the OP. OP no.1/respondent was also directed to pay Rs.1,000,00/- in all to the complainants including ticket charges and OP no.1 was also directed by the District Forum to pay Rs.5,000/- towards cost of litigation.
5. That is what brings the appellant in appeal before this commission.
6. The grounds taken by the appellants in the appeal were merely that the District Forum had erred by passing Ex-Parte order dt.11.12.2007 against them without being heard and there is sufficient ground to set aside the Ex-Parte impugned order as there is sufficient reason for their none appearance before the District Forum. The complainant have further agitated that District Forum wrongly relied on the submission of the respondent/complainant and no attempt was made by the Forum to take into account as to why the helicopter to Amarnath did not took off on that date which was clearly mentioned on cancelled ticket as well as on the booking memo âFlight Cancelâ due to bad weather and tech (full refund).
7. The appellant had further agitated that the District Forum had erred in ordering them to pay an amount of Rs.1,00,000/- in all to the complainant/respondent including tickets charges where as they had already refunded the amount of the tickets before passing of the order. Which fact was brought to the notice of the Forum by the Complainant/Respondent himself.
8. Notice of appeal were issued to the respondents who appeared and contested their case. We have heard arguments of both the parties and perused the file.
9. The ground taken by the appellants that they had not been given any opportunity to prove that the flight was cancelled due to bad weather and not on account of any malafied intentions and this had happened because they were not represented before the District Forum as proper effective services was not affected on them. In support of their submissions appellant stated that as per available record obtained from the District Forum after receipt of the Ex-Parte final orders dt.11.12.2007 on 24.12.2007 and after obtaining the copies of the record, there appears to be no trace of any evidence that they had been served by the registered post AD notice and the record only shows that Dasti notices dt.29.11.2005 was received by their receptionist Ms. Shalu on 30.11.2005 on behalf of the appellants but Ms. Shalu left their services about one and half years back and she did not handed over the notice to any responsible person and on account of the said action of Ms.Shalu they could not take any steps to defend their case before the District Forum.
10. On going through the copies of the orders passed by the District Forum it had been observed that the case on two times was again taken up for hearing after reserving the same for orders but no notice of the hearing was served upon the Ops/appellants. Order dt.25.01.2007 of the District Forum itself speaks that âthe process was prepared but not issued, office to seeâ and the District Forum merely proceeded further in the cases on the presumption that the Ops/appellants are already Ex-Parte.
11. The District Forum on 15.03.2007 in its order had recorded the statements of complainant no.2 as follows âOP no.1 has already refunded an amount charged from us for helicopterâ. This clearly shows that the District Forum has erred while directing OP no.1 in its judgment to pay Rs.1,00,000/- in all to the complainant including tickets charges.
12. From the above facts it appears that the appellant Ops were not properly served so as to defend their case before the District Forum and put forth their version before the Forum. The cardinal principle of Civil Jurisprudence is that the cases should be decided on merits after hearing the parties so that effective order may be passed and it has always been the consistent policy of the Courts to allow a little latitude, so that the parties may contest the case on merits and an effective order may be passed, for this season we set aside the Ex-Parte order of the DF dt.11.12.2007 and remand back the case to the District Forum to decide it a fresh after giving an opportunity to appellants to file their written version and evidence by way of affidavit subject to cost of Rs.2,000/- on each Ops to be paid to the complainants and the parties are directed to appear before the District Forum New Delhi, at M-Block, Vikas Bhawan, New Delhi on 12.04.2013 for further proceedings.
Copy of the order be sent to District Forum New Delhi and also be made available to the parties as per rules.
FDR if any be released in favour of the appropriate parte after completing necessary formalities.