INDIAN AIRLINES LTD Vs. N N KINI

JUDGEMENT

(1.) This revision petition has been filed by the Indian Airlines, a statutory Corporation constituted under the Air Corporation Act, 1953. It is aggrieved by the judgment of the Maharashtra State Consumer Disputes Redressal Commission upholding the order of the Bombay District Forum which directed the petitioner-Airlines to refund the value of the air tickets to the respondent (complainant).

(2.) Complainant-first respondent purchased two tickets of Indian Airlines from the second respondent, a travel agent, for Bombay-Calcutta-Bombay sector for himself and his wife in March, 1992. He paid Rs. 11,840/- for the two tickets. Complainant and his wife travelled to Calcutta by scheduled flight of the Indian Airlines. For return journey he got both the tickets confirmed by March 30, 1992. On the same day, however, he found that both the tickets were lost. He immediately notified this fact in writing to the Indian Airlines City Office, Calcutta with a view to prevent any possible misuse of the air tickets. A police complaint on the instructions of the Duty Officer of the Indian Airlines was also lodged. Complainant was not issued duplicate tickets in lieu of the lost tickets. He was given two new air tickets though under the same old PNR number. He was, however, required to pay Rs. 5,920/- towards these two tickets from Calcutta to Bombay. Indian Airlines refused to refund the amount of the lost tickets. Thus complainant filed a complaint before the District Forum seeking refund of the value of the two tickets which were lost. Complainant also claimed Rs. 2,500/- towards compensation for loss of time, energy, mental anguish etc.

(3.) It was contended by the Indian Airlines that it offers lot of flexibility in re-routing and refund of air tickets to passengers with a view to facilitate them. These tickets have a validity of six months up to which time passengers are allowed the facility of travel/change in itinerary/ dates of travel, part reassurance or refund on presentation anywhere in India. It was thus contended it was not possible for the Indian airlines to keep a track of all such transactions. It was difficult for it to check misuse by way of travel/re-routing or refund by the finder of the lost ticket. After considering the rival contentions District Forum came to the conclusion that the fact of lost ticket was immediately notified to the concerned Authorities and thus lost tickets had not been traced or used for such long period it was appropriate to ask the Indian Airlines to refund value of the two tickets to the complainant. District Forum also awarded Rs. 500/- to the complainant as compensation and cost of the complaint. Direction was given to the Indian Airlines to comply with the order within three months from the date of receipt of the order or else to pay interest @ 18% per annum.