Decree
dev kapoor
(Querist) 10 April 2016
This query is : Resolved
My friend is a ticketing agent for airlines.In 2013 he booked three tickets for chopper service.As ill luck would have it, a bird hit chopper consequently chopper was capsized resulting in death of all passengers and pilot.Chopper service was offered by state government for pilgrimage.LRs of deceased filed consumer case impleading my friend/ticketing agent as well.Due to advice of an advocate that he has no liabilty,ex parte decree was passed against him.Consumer court held Govt & Insurance Co as well as my friend/agent as jointly and severally liable to pay Rs.2 crores to next of kin of deceased.
Now Consumer Commission pressing him to pay his part of decretal amount.State Govt appeal in HC & SC failed.My friend was not a parte.
I advised him that he is not guilty of 'deficiency in service' in this connection.He presented application before State Commission but turned down.
What is relief in his favour?
How can he save himself from making payment of lacs of rupees ????
Please advice with reference relevant law/judgments.
Devajyoti Barman
(Expert) 10 April 2016
Well, your friend mush challenge the decision in state commission.
Though there would be delay in doing that but if he explain the delay and appeals admitted then surely relief would be granted to him.
Unless the order of Forum is set aside by higher forum he cna not avoid the order of payment .
P. Venu
(Expert) 11 April 2016
Has the advocate given his opinion in writing?
Adv. Yogen Kakade
(Expert) 11 April 2016
Already advised by mr. barman.. but i think you need a local lawyer to guide you and to give relief.
Rajendra K Goyal
(Expert) 11 April 2016
Move to state commission for relief, discuss with some senior lawyer.
dev kapoor
(Querist) 12 April 2016
Hello Sir,
There is no written advice of advocate.Impugned order is passed by State Commission.Is there any possibility to get order modified by State Commission by requesting (& citing judgments) that tkting agent is not at all liable as he has committed no deficiency in services towards deceased/LRs.
dev kapoor
(Querist) 12 April 2016
Sir
What if an order/judgment is wrong on the face of it.Whether liability innocent person still continues may be i lakhs rupees?Is there really no relief in such matters.
