EXPRESS TRAVELS Vs. M R SHAH

JUDGEMENT

(1.) These two appeals by the Airlines (F.A. No. 765 of 1994) and Travel Agent (F.A. No. 757 of 1994) are directed against the common order of the Gujarat State Consumer Disputes Redressal Commission holding them guilty of deficiency in service and awarding compensation of Rs. 20,000/- to each of the complainants. Rs. 2,000/- was also awarded as costs to each of the complainants. In the complaint, the complainant had claimed damages over Rs. 4,20,000/- with interest @ 18% p.a., apart from the costs.

(2.) It is a tale of two young couples who immediately on their marriage wanted to go to Kulu-Manali for their Honeymoon. They are the residents of Ahmedabad. They were to go by Jagson Airlines flight from Delhi to Kulu on 26.4.1992 and return from Kulu by air on 2.5.1992. They got four tickets confirmed from Express Travels, an authorised travel agent of Jagson Airlines. All the four travelled to Delhi by train and reported at the airport much before the time shown on the tickets. At the airport, they were told that the aircraft had already taken off at 12 noon while the time shown on the tickets was 13.15 hrs. Complainants had already done their hotel booking at Kulu-Manali and they went to Kulu-Manali by hiring a taxi which took 17 hrs. to reach there. They said that at that time, there was a lot of terrorists activities in the State of Punjab from where they had to pass through and they were in great mental tension and suffered hardships.

(3.) It appears there was no end to the ordeal of the complainants for their flight back to Delhi. They reported at the Kulu airport on 2.5.1992. They were given boarding passes after their baggage had been checked in. They waited at the airport for a long time when they were told that the flight had been cancelled. Since the complainants had already been booked by flight, they, it appears, were short of money. They, therefore, requested the airlines to refund the price of the air ticket. This was denied to them. Airlines also refused to make any arrangement for their stay in hotel or to grant them any other facility. This was normal courtesy expected of the airlines after the flight was cancelled without notice, particularly when they had already been given boarding passes. With great difficulty the complainants were able to come to Delhi by engaging a taxi as they had no other alternative. Now, at Delhi, they were certainly in dire circumstances. They were short of money and after borrowing from their friends they reached Ahmedabad.