M V BHASKARA RAU Vs. P DAYAKARA REDDY

JUDGEMENT

(1.) The un-successful second opposite party is the appellant in FA 682/1998 and the complainant who has partly succeeded in the complaint is the appellant in FA 763/1998.

(2.) The facts in brief are that the second opposite party is the authorised agent of the third opposite party, and the first opposite party is the agent of the second opposite party, and the complainant's son, P. Anil Kumar was proceeding to USA for higher studies in New Orleans University. He purchased an air travel ticket from the second opposite party, and through the first opposite party at Nellore which was O. K. Ticket from Madras to Bombay, from Bombay to New York and from New York to New Orleans by paying Rs.36,095/-, the ticket bearing No.098 441735440 50 dated 24.7.1997 towards reservation for flight No.477 from Madras to Bombay on 10.8.1997, and flight No. A1 III from Bombay to New York on 11.8.1997 and flight No. TW 709 V from New York to New Orleans on 11.8.1997.

(3.) When the complainant and his son reached Madras Air Port on 10.8.1997 to take the flight, the authorities of the third opposite party informed them that the ticket was confirmed only from Madras to Bombay and it has no confirmation further and that there is no accommodation till the end of August 1997. As his son had to join the University on 18.8.1997, he secured alternative accommodation in the executive class by paying extra amount of Rs.14,064/- upto New York and after reaching New York, he stayed in a lodge during the night of 11.8.1997, and then went to New Orleans by road covering a distance of 2,500/- kms. The grievance of the complainant is that he and his son underwent mental agony and tension to collect the money and to pay for the road journey. The complainant claimed for refund of Rs.14,064/- paid for the executive class accommodation, Rs.8,000/- said to have been paid by his son for the road journey, Rs.2,000/- for lodging and boarding in New York, Rs.3,000/- spent for phone calls, and Rs.5,000/- for mental agony and suffering.