The state consumer commission has pulled up the Deccan Aviation [Get Quote] Limited for putting a passenger to inconvenience by abruptly cancelling its Kullu-Delhi flight for four days at a stretch and directed the airlines to pay Rs 30,000 compensation to him.

"The airlines-service provider is supposed to keep the flights in perfect order and not to put the passengers in unnecessary inconvenience and mental stress by keeping them waiting or sending them back who might be having some urgent business engagements or assignments," the commission said.

"All such acts amount to deficiency in service and render the service provider (aviation company) liable to compensate the consumer adequately and reasonably in terms of the observations of the Supreme Court," Commission President Justice J D Kapoor said, rejecting the airlines' plea that the cancellation of flight was due to bad weather.

Anjani Malik, a resident of Haryana, was not able to catch a flight from Kullu to Delhi in March last year and was told to wait for the next day, the exercise which lasted for four days at at a stretch.

After the harassment, he decided to return to the capital at his own costs. Malik then approached the district consumer forum, Sheikh Sarai, claiming Rs 50,000 compensation following which the airlines was asked to pay Rs 30,000.

"In the instant case, Malik purchased tickets in February 28, 2007 and they had to remain in Kullu upto March 4 and, therefore, faced inconvenience and had to incur expenditure on boarding and lodging," Justice Kapoor said.

The company had submitted before the Commission that the flight was cancelled due to bad weather and Malik was refunded a sum of Rs 11,966 for being unable to provide the service.

"Whenever any service provider takes the plea that the circumstances were beyond its control or the reasons for cancellation of flight were due to acts of nature like bad weather etc, the onus is heavily upon them to show such circumstances," the commission said.

"In the instant case, no such material has been placed on record by way of report of Meteorological Department or Airport Authority of India," Justice Kapoor said.

The commission noted that the consumer should be paid adequate compensation for the inconvenience caused in the event of cancellation of flight.

"We have taken a view that whenever there are such circumstances of abrupt cancellation of flight due to technical snags or otherwise, the airline is liable to compensate the consumer for the inconvenience and other losses," the commission, also comprising member Rumnita Mittal, said.

It refused to set aside the Forum's order, saying, "We do not find any infirmity in the impugned order as to the deficiency in service on the part of the company and the amount of compensation does not call for interference," Justice Kapoor said.

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