AIR FRANCE Vs. UNIK TRADERS

JUDGEMENT

(1.) AIR carrier is the appellant before us. It is aggrieved by the order of the State Commission awarding compensation to the respondents-complainants for having denied boarding to respondent No.2, employee of respondent No.1, when he was holding a confirmed ticket on a flight to Frankfurt from Delhi and awarding Rs.1.00 lakh as compensation, Rs. 25,000/- as compensation for mental distress and agony and Rs. 5,000/- as costs, in all Rs. 1,30,000/-.

(2.) WE partly heard the arguments on 24.5.2002 and adjourned the matter to 30.5.2002 by making the following observations.

(3.) RESPONDENT No. 1-complainant No.1 is dealing in the sale of furnishing material at Jaipur. It wanted to participate in Heim Textile Fair in order to promote Indian Textiles and also its business. It booked a stall in the Fair through Trade Fair Authority and paid Rs.31,050 towards that. Respondent No.1 purchased a ticket from the appellant for travel of its Sales Executive, Krishan Kumar on its flight No.AF-175 leaving Delhi on 7.1.91 for Frankfurt. It was a confirmed ticket. At the appropriate time Krishan Kumar reported for taking the flight but he was told at 11.00 PM on 6.1.1991 that the flight was overbooked and that there is no seat available in the aircraft for him.