VINOD KUMAR GUPTA Vs. INDIAN AIRLINES

JUDGEMENT

(1.) The petitioner is an advocate by profession. He probably travels frequently by air. He states that he takes keen interest in the general welfare measures of the public at large concerning various consumers and other problems of the public. This petition is filed by him "on the basis of a cause of action having personally accrued to him" but in which the public also is interested. In this petition, the petitioner seeks to espouse the cause of that oppressed and Cleared for sections of the society whose only misfortune is their affluence and who perforce have to use as their means of travel the jet propelled winged birds flying in the air. The provocation for this petition is the denial by the Indian Airlines, Jammu, of the "fabulous" amount of Rs. 20/- to the petitioner, on each of the two wait-listed tickets he held. Through this petition he invites this Court to safeguard the interests of such wait-listed persons who are frequently robbed of this amount of Rupees 20/- illegally, mercilessly and unjustifiably by the Indian Airlines. I wished, that this exercise, under the garb of public interest litigation, was reserved for a better cause; but that was not to be. The zeal and zest with which the petitioner pleaded his cause and that of persons of his ilk compel me to note his contentions and meet them.

(2.) The petitioner purchased two tickets for his travel from Jammu to Srinagar for 10th and 25th May, 1983 respectively. Status of both the tickets was shown as "wait-listed". The tickets were purchased from the 3rd respondent, the Station Manager, Indian Airlines, Tourist Reception Centre, Jammu. Despite his best efforts, he could not get the tickets confirmed. He, therefore, surrendered the tickets to the 3rd respondent and claimed refund. The ticket fare was Rs. 179/-each. The 3rd respondent deducted Rupees 20/- each from the tickets for "alleged service charges". Aggrieved by this, the petitioner sent a notice to the 3rd respondent on 10-6-1983 with a copy endorsed to the Managing Director, Indian Airlines in Delhi detailing therein "the absolute illegality and irregularity" in deducting Rs. 20/- and claiming refund of the amount of Rs. 40/- illegally deducted from the fare amount. He received a reply in which he was told that the matter was being investigated. Subsequently, he received another letter from the Chief Commercial Manager, Indian Airlines, Janpath, New Delhi, 2nd respondent herein, informing him that the deductions were properly made. The petitioner was, however, told that the respondents were waiving their claim for service charges in the petitioner's case as a special case and informed him to collect the amount from the 3rd respondent. The petitioner was not prepared to accept the refund as "charity" but insisted upon being told of the sanction behind this deduction. It is against this background that this petition has been filed requesting this Court for the issue of a writ of mandamus commanding the respondents to refund to the petitioner the amount of Rs. 40/- illegally deducted towards service charges and for a writ of prohibition restraining the respondents (1st respondent being the Indian Airlines through its Managing Director) from levying service charges on any wait-listed ticket.

(3.) The case of the petitioner is met by the respondents through their counter- affidavits. The maintainability of the petition and the petitioner's locus standi to sustain it is questioned. The petitioner was wait-listed No. 163 for flight No. 421 from Jammu to Srinagar scheduled to leave on 10-5-1983. On the day of flight the petitioner did not show up at the airport when his name was called. The available seats were therefore, allotted to waiting passengers after S. No. 163. The names of such passengers are given in the counter-affidavit. Similarly the petitioner held request-ticket wait-list at S. No. 79 on flight IC-421 from Jammu to Srinagar on 25-5-1983. On the said date also the petitioner failed to show up at the Indian Airlines checking counter at the airport. Consequently the passengers holding request-tickets below the petitioner's serial number, were accommodated by the said flight. The deduction in question is justified as per regulation No. 9 of the Indian Airlines Cancellation of Tickets and Refund Regulations, 1980. It is averred in the counter-affidavit that there are only three types of tickets recognised under the regulations, namely, O. K., Open and Request-tickets. The petitioner's case that regulation does not cover wait- listed ticket, is denied. Tickets which are neither O. K. nor Open, fall in the category of Request-tickets which take wait-listed tickets also. Along with counter-affidavit the passenger lists for the two flights have been enclosed. The counter-affidavit winds up with the request to dismiss the petition as one devoid of merits.