STIC TRAVELS P LTD Vs. INDRA KATHPALIA

JUDGEMENT

(1.) This revision petition arises out of the order of the State Consumer Disputes Redressal Commission, Delhi, whereby the State Commission affirmed the order of the District Forum.

(2.) The brief facts giving rise to the complaint are as under : The complainants, in this case, are wife and husband, who had purchased excursion tickets of Lot Polish Airlines through their Agent, M/s. Stic Travels Pvt. Ltd. petitioner before us. These tickets were valid for four months, i.e., from 31.7.1992 to 30.11.1992. The journey to be performed was from Delhi-Warsaw-London-Toronto-London-Warsaw-Delhi. As is found from the records placed before us the route adopted was Warsaw-Moscow-New York, instead of Warsaw-London-Toronto and separate tickets were purchased by the respondents from New York to Buffalo after paying additional fare. The tickets for return journey were kept open and since the Lot Polish did not fly Trans Atlantic, the said journey could be performed by any other carrier and there was an endorsement to the said effect on the tickets. The complainants in August, 1992, on arrival in Canada, contacted British Airways and requested for the booking of return journey on 24.10.1992 from Toronto to London by British Airways and from London to Warsaw on 4.11.1992 by Lot Polish Airlines and from Warsaw to New Delhi also by the same airlines on 4.11.1992 itself. The tickets of the respondents from Toronto to London for 24.10.1992 and London to Warsaw by Lot Polish Airlines on 4.11.1992 were confirmed, however the section of return journey from Warsaw to New Delhi was not confirmed immediately. On being contacted by British Airways, the office/agent of Lot Polish Airlines at Toronto intimated that they had not yet received schedules for flights from Warsaw to New Delhi after October 21, 1992 and, therefore, the bookings of the respondents were shown as "Requested For" by British Airways. The respondents thereafter contacted the office/agent of Lot Polish Airlines in Toronto over telephone and were advised to contact them again in September, 1992. The respondents again contacted the British Airways on 28.9.1992 for confirmation of the return tickets and were again informed that the booking for return journey for section Warsaw to New Delhi scheduled for 4.11.1992 was still not confirmed and as such the very next day, i.e., on 29.9.1992 the respondents again visited the office/agent of the Lot Polish Airlines in Toronto where they were informed that the flights from Warsaw to New Delhi had been discontinued after 21.10.1992 and that the said decision had already been taken some time in January/February, 1992. The request of the respondents for endorsement of tickets to another Airlines was also turned down. The respondents sought the help of their friend for intervention in the matter but since the flight of Lot Polish Airlines from Warsaw to Delhi was to leave on 31.10.1992 and the said Airlines refused to endorse the tickets of the respondents to any other Airlines. The respondents were left with no alternative but to curtail their trip and return to New Delhi on the flight of the Lot Polish Airlines leaving on 21.10.1992. As such, not only the respondents had to curtail their visit/stay in Canada/USA but had to completely cancel their plan to visit UK and Western Europe in order to catch the last flight of Lot Polish Airlines leaving on 21.10.1992. As such the respondent filed separate complaints before the District Forum claiming damages and compensation from the appellant and the Lot Polish Airlines.

(3.) The District Forum had given the opportunity to both the sides to file their respective contentions through documents and oral evidence in the form of affidavits. Both the complainants had filed their own affidavits besides producing other documents in support of their contentions while the opposite parties had adduced no evidence in spite of taking time for the purpose. While deciding the complaints, the District Forum held as under :