Chennai: The District Consumer Disputes Redressal Forum, Chengalpattu, has directed Madras Flying Club Limited, Chennai airport, to refund Rs 2.56 lakh received from a youth for issuing ‘Private Pilot License’ and a compensation of Rs 30,000 to him for not returning the fees after rejecting his application on medical grounds.
In the petition, S. Shankar Sundaram said he approached Madras Flying Club Limited to secure a private pilot’s license. Captain Shankar V. Mudaliar, flight instructor (in-charge), Madras Flying Club, issued a letter dated April 17,2013, to join “Ground Class” for Private Pilot License Training. Sundaram paid '2,86,500 on April 22, 2013, for the course.
Later, he underwent examinations of physical fitness for flying. On October 10,2013, Captain Shankar rejected his application on the medical ground he was a diabetic (Non-Insulin-Dependent Diabetes Mellitus (NIDDM) on Injectable Medication).
On his request for refund, the club issued him a cheque for a sum of Rs 30,000 and informed him that the balance amount of Rs 2,56,500 would be paid shortly. However, the Club did not return the amount.
Sundaram said, “Even before medical examination, the club received the payment of training charges of Rs 2,86,500, which was against the rules of natural justice”. He sought the District Consumer Forum to direct the club and Captain Shankar to refund Rs 2,56,500 with interest of 24 per cent per annum from March 2014 till the payment. He also sought a compensation of Rs 1 lakh for causing mental agony and hardship due to the negligence and deficiency in service and a cost of Rs 10,000.
Even after receipt of notice, neither club nor Captain Shankar appeared before the forum. They were set exparte. The bench comprising its president K. Anbazhagan, members K. Prameela and D. Babu Varadharajan said a letter dated January 28,2014, issued by the club, said it was facing problems with the Airports Authority of India and the issue was pending before the court. As soon as the problem is resolved, the club would refund the fees.
The bench said the club ought to have sent the applicant to get medical fitness certificate before receiving fees. As soon as the Captain Shankar issued an unfit medical certificate to become as a trainee pilot, the club ought to have refunded the entire fees received, the bench said.
The forum has directed the club and Captain Shankar jointly and severally to refund Rs 2,56,500 with interest of 12 per cent from April 22,2013, till realization.
The bench also directed them to pay compensation of Rs 25,000 for mental agony, deficiency in service and negligence and cost of Rs 5,000.
