CHANDI PRASAD BHATT Vs. BRITISH AIRWAYSO

JUDGEMENT

(1.) Complainant, who was to go to Mexico to attend an international conference between 13.4.1996 and 22.4.1996, held a confirmed ticket of British Airways departing from Indira Gandhi International Airport on 13.4.1996 at 12.30 a.m. Because of overbooking of the aircraft, complainant was denied boarding. In this complaint, complainant has made a claim for Rs. 25.00 lakhs as compensation as he said that he suffered loss and injury to his professional standing and reputation in the international community and also for the mental anguish, harassment and inconvenience he suffered on that account.

(2.) Such type of claim is not maintainable in a case where a passenger, though holding a confirmed ticket, is denied boarding due to over-booking. In the case of denied boarding in similar circumstances this Commission has already given two judgments viz. Dr. Arun Jain v. Thai Airways International Ltd., Original Petition No. 80 of 1997, decided on 21st March, 2002 and Rajinder Pal Jaura v. The Secretary, Union of India & Anr., I (2003) CPJ 24 (NC)=Original Petition No. 266/1997, decided on 12th November, 2002. In these cases this Commission has held that overbooking is an international practice resorted to by all international airlines. In fact in the folder of the ticket issued to the complainant he had been apprised of the circumstances of "No-Show" Passengers and Overbooking and these we quote :

(3.) Complainant it appears when he has denied boarding, he immediately left the airport and sent a notice through his legal adviser to the opposite party-British Airways on 13.4.1996 which was received by the British Airways on the same day. Complainant was flown by the British Airlways on the night of 14.4.1996, the aircraft departing at 12.30 a.m.