INDIAN AIRLINES Vs. U S MATHUR

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986") has been filed by the appellant against the order dated 26.4.1996 passed by the learned District Forum, Jaipur -II, Jaipur in Case No. 3136/1994 by which the complaint filed by the complainant -respondent under Section 12 of the Act of 1986 was allowed partially in the manner that the appellant was ordered to pay Rs. 500/ - as compensation and Rs. 500/ - as cost of litigation to the complainant -respondent.

(2.) IT may be stated here that on 26.2.1992, the complainant -respondent filed a complaint before the learned District Forum, Jaipur -II, Jaipur stating inter alia that he purchased air ticket Nos. 0582 -4101632 -633 costing Rs. 7,380/ - from Mayur Travels, local agent of the appellant, for undertaking journey from Jaipur to Calicut via Bombay for 18.2.1992 and return journey from Calicut to Jaipur via Bombay for 22.2.1992. It was further stated by the complainant -respondent that his original air tickets were lost in SMS Hospital, Jaipur, information of which, was given by him to the local agent of the appellant and on advice of local agent of the appellant, FIR was also got lodged. It was further stated by the complainant that since original tickets were lost and duplicate tickets were not issued by the appellant, therefore, he had to purchase fresh air tickets and thus, amount of original tickets, which were lost, was claimed by the respondent -complainant through the present complaint.

(3.) A reply was filed by the appellant and the case of the appellant was that under the provisions of the Indian Airlines Cancellation and Refund Regulations (1985) promulgated in exercise of the powers conferred by Section 45 of the Air Corporation Act, 1953 the refund against lost documents was not permissible. Hence, the complaint deserves to be dismissed.