ROYAL JORDANIAN AIRLINES Vs. NANAK SINGH

JUDGEMENT

(1.) The petitioners, Royal Jordanian Airlines and its officials, have filed this revision petition, challenging the concurrent order of the two consumer fora below imposing on them an award of Rs.5 Lakh for deficiency in service.

(2.) The dispute between respondent no.1, Mr. Nanak Singh (the complainant) and the petitioners arose under the following circumstance.

(3.) The complainant is an Indian citizen and was working in Greece at the relevant period and possessed a valid Indian passport. During early 2000, he wanted to make a visit to India and obtained the re-entry visa permit from the Greek Authorities, which was valid upto the 6th of March, 2000. In order to be back in Greece before this crucial date for re-entry, he purchased a return journey air ticket from the petitioner/airlines at Athens, which was confirmed for the return journey from Delhi for the 2nd of March, 2000. While his stay in India, he had cross-checked his booking for the return journey from the petitioner/airlines branch office at Jalandhar and was reassured that he had a return journey OK ticket for the 2nd of March, 2000. However, when he reached the Airport to commence his return journey on 2nd of March, 2000, he was informed that he would not be able to board the flight due to over-booking of its capacity. He was at the same time assured that he would be sent by a flight on the 4th of March, 2000. Expecting the petitioners to be true to their commitment, he reached the Airport on the 4th of March, 2000 and was boarded into the aircraft but was later on deplaned again on the pretext of over-booking of passengers. His pleadings that his re-entry to Greece was valid only upto the 6th of March, 2000 and his failure to reach there before that crucial date will result in the authorities not permitting him to enter that country, which will in turn deprive him of his job and livelihood, fell into deaf ear. Even thereafter it took a fortnight for the petitioners/opposite parties/airlines to manage a flight for the complainant but when he reached Greece on 25th of March, 2000, he was not allowed to stay there since his entry permit had expired on the 6th of March, 2000. When his appeal before the local authorities was summarily rejected, he was deported back to India. No doubt, the petitioners/opposite parties had tried to help the complainant getting his entry permit extended by approaching the Greek Embassy at New Delhi and later through their manager to get the intervention of the Jordanian Embassy to get a re-entry permit for the complainant. They even contacted the complainants employer in Greece to help clear the immigration problem but the fact remains that the complainant was sent back to India, leaving his house and belongings back in Greece, in addition to losing his job forever. On return to India, he was paid a sum of $150 on account of denied boarding compensation.