GULF AIR COMPANY Vs. SANTOSH

JUDGEMENT

(1.) BOTH the appeals are being disposed of by this common order as there is common point of law and facts and the respondents have sought same relief for their grievances.

(2.) ON account of having denied the boarding pass to the respondents in spite of being in possession of air ticket of the appellant -airlines with an allegedly confirmed status, the District Form has vide impugned order dated 18.5.2001 given the following directions to the appellant : " Appellant to pay the money spent by the respondent after adjusting their ticket if already returned for the unused journey, otherwise the full amount of the tickets with interest @ 9% from 24.6.1997 till its realisation. Respondents are also entitled for a sum of Rs. 10,000 i.e. Rs. 5,000 each for stay of respondents at London on denial to enter in the plane by the appellant. The respondents are also entitled for damages amounting to Rs. 5,000 each and also Rs. 3,000 each as cost. We thus direct appellant to pay to the respondents the amount spent by respondents for their journey from London to Delhi after adjustment of the amount if any returned by the appellant to the respondents for not undertaken journey on the tickets issued by them for the Sector London to Delhi, otherwise full amount spent by the respondents for their journey from London to Delhi be paid by appellant to them with 9% interest from 24.6.1997 till its realisation together with Rs. 5,000 each for the stay of each respondent at London airport together with Rs. 5,000 each as damages/compensation and Rs. 3,000 as cost within a period of 45 days of each order."

(3.) FEELING aggrieved the appellant has preferred this appeal. The case of the respondent/complainant before the District Forum in brief was as under : Respondents had purchased tickets of appellant Ex -Delhi to Calgary with break journey at Abu Dhabi, London, Toronto and also return journey from Ex -Calgary to Delhi with breaks at Toronto, London, Abu Dhabi against due payment from respondent No. 2. The respondents had undertaken their journey Ex -Delhi to Calgary with breaks as pointed out above with confirmed tickets and for the return journey the ticket was O.K. upto Abu Dhabi and from Abu Dhabi to New Delhi, the tickets were not having confirmed seats. As the respondents were not permitted to undertake the journey at London so under the compelling circumstances they purchased another ticket Ex -London to Delhi of British Airways after making due payments amounting to Rs. 32,000. The respondents were having O.K. tickets for seat in the flight for 24.6.1997 but on account of appellant s carelessness and negligence, they had to stay for many hours at London Airport and spent Rs. 5,000 each for stay at London Airport. The respondents lodged complaint at London Airport and at serial No. 4 remarks were made that "Regret, unable to assist until load reduced, Sd./ on 24.6.1997".