498a Fighter (u) 30 September 2010

Apology letter while FIR is registered

DEAR ALL,

MY FRIEND HAS BEEN FALSELY IMPLICATED INTO A CASE U/S 341 & 509 BY AN AIRLINE AIRHOSTESS WHILE HE WAS COMING FROM LONDON. HE EXPERIENCED BAD FOOD AND SERVICE DURING THE IN-FLIGHT JOURNEY WHICH HE WISHES TO REPORT TO THE HIGHER AUTHORITIES AT AIRLINES BUT WHEN FLIGHT REACHED DELHI HE WAS STUNNED TO DISCOVER THAT AN AIRHOSTESS WHOM HE ASKED THE COMPLAINT BOOK INSIDE THE FLIGHT HAS DRAGGED HIM INTO A FALSE CASE OF ABUSE & INSULT U/S 341 & 509. THE FIR WAS FILED ON 20-7- 10, THE NEXT DAY AND HE HAD TO SEEK A BAIL. SINCE THEN HE HAS BEEN WRITING TO THE DIRECTORS OF THE AIRLINES BUT NO HELP.

THROUGH A FAMILY FRIEND AN ATTEMPT OF COMPROMISE IS BEING WORKED OUT BUT AIRLINES WANT AN APOLOGY LETTER FROM MY FRIEND THAT HE MADE MISTAKE IN FLIGHT FOR WHICH HE FEELS SORRY BUT CAN WE BELIEVE THE AIRLINES COULD EVEN MISUSE THE LETTER AS THE FIR IS ALREADY FILED (NO COURT HEARING HAS BEEN DONE NOR ANY NOTICE RECEIVED FROM COURT SO FAR) AS APOLOGY LETTER MEAN CONFESSION AND CONFESSION IS CONVECTION.

PLS SUGGEST THAT CAN WE GIVE AN APOLOGY LETTER TO THE AIRLINES IF YES THEN CAN THEY MISUSE IT IN THE COURT OF LAW IF THEY WISH TO BETRAY US.

THANK YOU IN ANTICIPATION FOR YOUR REPLIES & VIEWS.

Reply Follow

7 Replies

Saratchandra Sivalenka (Lawyer) 01 October 2010

Hello,

All terms and conditions, including the withdrawal of criminal case, no further filing of cases or recovery of damages, etc., should be included in the compromise settlement by all parties (your friend, air hostess, and the airline). Otherwise, a letter may not mean anything.

Thanks,

Sivalenka SP Saratchandra Kumar, MA, BL
Hyderabad Lawyer for NRIs
Door No 1-8-540/2, First Floor
Next Lane to Odeon Theatre, Chikkadpally
Hyderabad, AP 500020
India
Tel: +91-9490119818
https://www.hyderabadlawyer4nris.com

Saratchandra Sivalenka (Lawyer) 01 October 2010

BTW, the FIR can be quashed by approaching the High Court. Otherwise, the compromise settlement may be filed with the Criminal Court and have the Judge dismiss the case.

Thanks,

Ziaur Rahman ( Practice) 01 October 2010

Let us take the matter that a consumer was travelling against the payment of fare which was inclusive of food and services during the flying hours. He was not served properly and was frmaed for his protest by the air hostess of the Air company. There is a redressal for your friend in consumer forumso he should go to the Consumer forum for danmages and compensation for deficiency in service arising out of the conduct of the air hostess. This will put the air hostess employee in tight position. He should file a written complaint of misconduct against the air hostess before her disciplinary authority. He should file a case against the air hostess under section 182 IPC read with section 504 and 506 IPC. He can also level allegation of wrongful restraint against the air hostess for keeping him restrained in his seat in air and for not allowing him to take up the matter with the flight captain or the competent authority. There is no case against your friend for wrongfully restraining the air hostess since she was in her own duty place. It was rather wrongful restraint to your friend at the behest of the air hostess that he was forced to sit in his seat instead of seking redressal. Fight the case, the air hostess will not come to depose in the case and then sue the flight company. Best of luck. You can also write to the concerned ministry. But at present the Consumer forum is the best option since the company will have to pay for the vicarious liability of his servant i.e air hostess. In that case a full fledged enquiry will be started against the conduct of the air hostess. Best of Luck.

(Guest)

Send a polite letter to the Chief of the Airlines about the impunity of the Airhostess[They are not supposed to file trivial cases against customers]. If she doesn't lose her job then consider legal options after exhausting non legal remedies.

1 Like

Stanley Ravi (Consultant Conservation) 19 February 2011

Please Mention the Name of the Airline here. It should draw enough attention.

Here is a dia-metrically opposite incident,

google this "southwest airlines pilot holds plane"

or Let Me Google That for you below

https://lmgtfy.com/?q=southwest+airlines+pilot+holds+plane

S.B.adil rahman (Legal Consultant ) 20 February 2011

Please inform us about the further development in your friend's case. BTW the law is on your friend's side. He can also file a criminal case against the air hostess at least under section 182 IPC. The air hostess is trigger happy that her complaint has worked but she does not know that once she is accused she will have to appear in Delhi Court to defend herself(if your friend filed a case) and to face cross examination in the case in which she is complainant. So far the witnesses are concerned none repeat none of the passengers will appear in court to depose. It is a gone case but will consume enough valuable time of your friend. However,you name the Airlines and the air hostess so that the members come to know about the nefarious activities of the air line and its staff members.

S.B.adil rahman (Legal Consultant ) 20 February 2011

Originally posted by :S.B.adil rahman
"	Please inform us about the further development in your friend's case. BTW the law is on your friend's side. He can also file a criminal case against the air hostess at least under section 182 IPC. The air hostess is trigger happy that her complaint has worked but she does not know that once she is accused she will have to appear in Delhi Court to defend herself(if your friend filed a case) and to face cross examination in the case in which she is complainant. So far the witnesses are concerned none repeat none of the passengers will appear in court to depose. It is a gone case but will consume enough valuable time of your friend. However,you name the Airlines and the air hostess so that the members come to know about the nefarious activities of the air lines and its staff members.This will keep them alert about the conduct of the Airlines company.	"