NAMITA NIGAM Vs. JANTA TRAVELS

JUDGEMENT

(1.) -PETITIONER was the complainant before the District Forum. Though she succeeded before the District Forum in her complaint, she lost in the State Commission on appeal filed by the respondent-opposite party against the order of the District Forum. Petitioner had an excursion ticket which was purchased from the respondent, a GSA of Air India. Ticket was for Rs. 16,306 and was for the Sector Delhi-London New York-Delhi. Petitioner could travel upto London and as she was not having visa for USA, she came back to Delhi. Since she did not utilise air journey from London to New York and back to London she sought refund of the air ticket to this extent. Ticket was sold to her on 25. 11. 1989. Since the respondent did not agree to any refund, it would appear petitioner wrote to Air India. She got reply from Air India on 6. 3. 1990 informing her that since it was an excursion ticket and though it was not utilised for the whole journey, refund was not permissible. We produce the letter dated 6. 3. 1990:

(2.) MATTER did not rest at that petitioner went to the District Forum which allowed her complaint. She did not make Air India as an opposite party. District Forum however, allowed her complaint against respondent. Aggrieved, respondent went in appeal to the State Commission which was allowed by it and the complaint was dismissed.

(3.) NOW the petitioner is before us. She argued her case quite admirably but we are unable to help. One thing when she boarded the flight at Delhi, she knew that she was not having a visa for USA. There was, therefore, no need for her to get her excursion ticket upto New York.