LAKHBIR SINGH vs ADVISER, CIVIL AVIATION, HARYANA

THIS is the complainant''s appeal filed against order dated 3.4.2003 passed by the District Consumer Disputes Redressal Forum-I [for short hereinafter referred to as the District Forum] in Complaint Case No. 710 of 2001, vide which the District Forum disposed of the complaint case after holding that since the security amount deposited by the complainant with Pinjore Civil Aviation Club and Karnal Aviation Club has been refunded and the account statement supplied, the main grievance of the complainant regarding the supply of statement showing expenditure towards his training and refund of balance amount with interest, along with compensation and costs of litigation, stands redressed.

THE contextual facts for proper adjudication of the appeal are narrated briefly as under: THE appellant/complainant was selected by the Haryana Institute of Civil Aviation for the issuance of Commercial Pilot Licence. THE appellant/complainant completed 257.30 hours of flying training at Pinjore and Karnal Aviation Clubs. THE appellant has alleged that he paid lakhs of rupees to the Institute for training in flying but no bill or statement was supplied to him showing his expenditure towards flying training and the balance amount. THE appellant further mentioned in his complaint filed before the District Forum that Rs. 9,961.29 ps. were refunded to him on 12.7.1998 on his transfer from Pinjore to Karnal for further training but no balance sheet/statement showing expenditure incurred on him towards flying training was supplied to him. As per the averments, made in the written statement of O.P. No. 1, the appellant/complainant remained in Pinjore Aviation Cub from 28.8.1995 to 19.7.1998 and during this period he deposited Rs. 96,500/- against which proper receipts were issued at the relevant time. The appellant/complainant was refunded Rs. 9,961.29 ps. on account of balance amount available in his credit vide Cheque No. 6006034 dated 18.7.1998. O.P. No. 1 also placed on record the statement furnished by the Pinjore Civil Aviation Club along with its reply. On 30.6.1998, a request was made by the appellant/complainant for transfer from Pinjore Aviation Club to Karnal Aviation Club on completion of formalities of night flying and instrument flying for issuance of his Commercial Pilot Licence. Accordingly, the appellant/complainant was transferred to the Karnal Aviation Club. He deposited Rs. 10,000/- on 9.7.1998 and the appellant remained under training there from 9.7.1998 to 28.2.2000. O.P. No. 1 in its written statement further stated that the appellant/complainant deposited Rs. 22,626/- for getting flying training out of which a sum of Rs. 22,335.25 ps. was adjusted on account of flying training charges and membership fee etc. and the balance amount of Rs. 291/- was refunded to the appellant/complainant vide Cheque No. 246282 dated 6.2.2002. The O.P. No. 1 further stated that refundable security amount of Rs. 1,000/- is still lying with them as the appellant has neither applied for refund of the same nor obtained "No Due Certificate" from the Pinjore Aviation Club.

The appellant, on the other hand, submitted that the original record is in possession of the respondents/O.P. without which, it is not possible for him to prove his case. The appellant further submitted that the original receipts which are in his possession had also not been placed on record of the complaint file before the District Forum and despite his requests, the District Forum did not afford any opportunity to him to place these original documents on record. The appellant has prayed in appeal that the authorities be directed to refund the extra amount deducted by them with interest; to refund Rs. 10,000/- and Rs. 200/- (not mentioned in the statement) with interest; to supply fresh statement showing the fee per hour flying training and flying training hours given to the appellant against the amount deducted and further to pay Rs. 75,000/- as compensation for harassment and mental agony and costs of litigation.

DURING arguments in appeal, Mr. R.M. Aggarwal, Administrative Officer for the respondent submitted before us that for the amounts received from the appellant/complainant, proper receipts were issued to him. He further submitted that the appellant has also been supplied the statement of account and only Rs. 1,000/- is lying as refundable security with the O.P. which can be collected by the appellant/complainant after completing requisite formalities. Mr. Aggarwal also brought with him the original record and statements pertaining to the appellant showing expenditure towards flying training, flying hours availed per day, amount charged per hour, number of flying air crafts and charges fixed for each craft air category wise. Mr. R.M. Aggarwal, Administrative Officer contended that the appellant failed to produce the original receipts regarding the aforementioned amounts of Rs. 10,000/- and Rs. 200/- before the District Forum. He further submitted that if the amounts of Rs. 10,000/- and Rs. 200/- have been submitted by the appellant, he must have in his possession the original receipts issued in token of these amounts deposited with the O.Ps. The appellant while rebutting this argument of Mr. R.M. Aggarwal, submitted that the original receipt with respect to the amount of Rs. 200/- is still with him but as regards Rs. 10,000/- the O.Ps. have not issued any receipt to the appellant. Mr. R.M. Aggarwal, Administrative Officer contended that all the original records maintained with the O.P. have been brought and the record shows every payment clearly and the receipts issued against it and he further stated at bar that he is still ready to produce that record before the learned District Forum, so as to bring the matter to some logical end and to redress the grievances of the appellant.

IN view of the foregoing discussion, we are of the considered opinion that this case is to be remanded for proper adjudication afresh in view of the original record and receipts both in the possession of the appellant and the O.Ps. The appellant shall place before the District Forum the original receipts lying with him so as to prove the amounts due from the O.Ps. as averred and the O.Ps. shall also produce before the District Forum the relevant record in original pertaining to the flying hours, category of aircraft, charges fixed for the aircraft per hour, charges fixed for flying per hour, hours consumed by the appellant per day, amount charged for and refunded, if any. The appeal is allowed and order passed by the District Forum-I, U.T., Chandigarh is set aside. The complaint case is remanded back to the District Forum-I, U.T., Chandigarh for decision afresh after perusing the original and relevant record, which the parties shall place before it. The parties are directed to appear before the District Forum-I, U.T., Chandigarh on 24.10.2003. Copies of this order be sent to the parties free of charge. Appeal allowed.