RAJINDER PAL JAURA Vs. SECRETARY UNION OF INDIA

JUDGEMENT

(1.) This complaint pertains to DBC (Denied Board Compensation). Complainant, a Non-Resident Indian living in Canada, came to India on 11.8.1997 by Air India flight originating from Toronto. According to him he had a confirmed ticket to go back to Toronto on 30.8.1997 by Air India flight No. 189 starting at 11.20 p.m. Complainant was in fact holding an open ticket for going back to Canada but he got it confirmed and reconfirmed on 29.8.1997 for his flight back to Canada. However, when the complainant reached at the airport on 30.8.1997 to board the flight he was given a boarding pass after he had checked in and completed all the formalities. However, before he could board the flight he was told that the aircraft was full and complainant could not be accommodated in the flight.

(2.) Complaint is that complainant had a very important business meeting in Toronto at 10.00 a.m. on 31.8.1997. Complainant says he told the staff of the Air Canada at the airport that in case he missed the meeting he would suffer tremendous monetary loss which would adversely affect his business and would be against the decorum and business ethics. Air India, however, did not give any thought to the difficulty in which the complainant was put. Complainant said that there was exchange of hot words with the result he suffered a shock and also suffered chest pain and heart trouble. He was removed to Centure Hotel by Air India. His request for medical help was refused. Complainant was put in another flight No. AI 125 by Air India on 31.8.1997 at 3.00 a.m. from Delhi to Mumbai from where he was put in another flight No. AI-863 of Air India by which the complainant travelled to London. There at the London Airport he was shifted to Air Canada flight going to Toronto. This was done by the official of Air India. Complainant reached Toronto late in the evening of 31.8.1997 when the meeting which he was to attend was at 10.00 a.m. Complainant sought Rs. 60.000 lakhs as damages with interest @ 18% per annum. He also sought for cost of the proceedings.

(3.) As to the illness of the complainant which he alleged to have suffered at the Delhi Airport, there is no evidence whatsoever. Since he could not be accommodated in the Air India flight on 30.8.1997 he was accommodated at Centure Hotel at New Delhi and put on the next available Air India flight for him to reach Toronto on 31.8.1997 though late in the evening.