AIR DECCAN Vs. INJEELA SHAH

JUDGEMENT

(1.) THIS appeal by the opposite party assails the order dated 30th October, 2007 passed by the District Forum, Indore in case No. 519/ 2007. By the said order the District Forum has allowed the complaint and directed the opposite parties, severally and collectively, to refund a sum of Rs. 2,822 charged in excess for rescheduling of the air ticket and to pay Rs. 15,000 for the mental agony suffered. A cum of Rs. 1,000 has been awarded as costs.

(2.) THE respondent had brought the said complaint for recovery of the said amount Rs. 2,822 and for mental agony and harassment Rs. 20,000 on the premises that she was a resident of Indore but, she was in Delhi and she had to take the examination in March 2007 of M.A. (Final History) of Devi Ahilya Vishwa Vidhyalaya, Indore and, therefore, through her brother she got a ticket reserved on 28.12.2006 for 27.3.2007 at apex rate of promotional tariff for a sum of Rs. 1,177. An ticket was issued to her. However, when she realized that her first paper shall convene on 26.3.2007, she informed her brother to get the flight rescheduled. On 15.2.2007 rescheduling charges of Rs. 208 were deposited. However when she went to board the flight on 25.3.2007 at Delhi Air Port she was not allowed to board the aircraft as her ticket had not been rescheduled and she was asked to pay full tariff of Rs. 3,949. After discussion when the complainant realized that further discussion will add to harassment the difference of Rs.2,822waspaid and then she was permitted to board the plane. In close proximity of her examination she was subjected to avoidable harassment and undue amount was exacted from her.

(3.) THE defence of the appellant - Air Lines was two fold: one, that the ticket having been purchased for commencement of the journey from Delhi, Indore had no jurisdiction to hear the complaint and two, that the amount of Rs.208 for rescheduling was not received and, therefore, there was no occasion to consider rescheduling of the ticket before the passenger actually reported at the Air Port.