Anthony, the complainant, purchased a ticket for his journey from Chennai to Pune from Blue Sky Airlines Ltd. The time of departure was mentioned on the ticket as 10.45 a.m. and the plane departed at 9.00 a.m. instead of

CS Executive · Economic and Commercial Laws · PYQS · June 2019
Anthony, the complainant, purchased a ticket for his journey from Chennai to Pune from Blue Sky Airlines Ltd. The time of departure was mentioned on the ticket as 10.45 a.m. and the plane departed at 9.00 a.m. instead of 10.45 a.m. Anthony reached the airport at 9.30 a.m. and missed the flight. Decide, whether Blue Sky Airlines Ltd. is guilty of deficiency under the Consumer Protection Act, 1986? Whether Anthony is entitled for the compensation? State your answers with reason(s).

Answer & Explanation:

According to Section 2(1)(g) of the Consumer Protection Act, 1986, deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. Failure to maintain the quality of performance required by the law or failure to provide services as per warranties given, by the provider of the service would amount to 'deficiency'. As per the definition mentioned above, it is clear that the departure of flight before the schedule time will be treated as deficiency in services and Blue Sky Airlines Ltd. is guilty of deficiency of service under the Consumer Protection Act, 1986 and Anthony is entitled for the compensation.

Topics: Consumer Protection Act, 1986

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