MANAGER AIR INDIA LTD Vs. A MOIDEEN KUTTY

JUDGEMENT

(1.) Appellants, Air India - national carrier, are aggrieved by the order of the Kerala State Consumer Disputes Redressal Commission holding them to be deficient in service and directing payment of compensation to the complainant who is the first respondent before us. Respondent No. 3, Ashoka Travels is the agent of Air India. Second respondent is the branch of Ashoka Travels at Ottapalam in the State of Kerala. They being the agents had been let off. It had not been proved that they had been in any way deficient in service.

(2.) Complainant, an Indian national, was employed in Saudi Arabia since 15.5.1990. He took leave from his employer there and came to India. Before leaving Saudi Arabia complainant obtained re-entry endorsement. He was to return Saudi Arabia within two months' period which expired on 23.9.1992. His visa to enter Saudi Arabia was to expire on this day. This was as per Hijara Calender. In spite of his having confirmed ticket to travel from Bombay to Riyadh of the appellants-Air India he was not provided a seat in the aircraft leaving on 21.9.1992 or even on 23.9.1992 with the result he lost his job which he could have continued for a further period of one year and nine months. Complainant said that he suffered great shock and mental agony the way he was treated by Air India. He fell unconscious in front of the counter of Air India when he was denied seat in the aircraft leaving for Riyadh and his prospect of losing his job. He was even hospitalised. He had to incur expenses for travel from his home town from Kerala to Bombay and back and also for stay in Bombay.

(3.) Complaining deficiency in service he filed a complaint before the State Commission. According to the complainant he is entitled to the compensation of Rs. 22,16,002.00 but he is limiting his claim to Rs. 10.00 lakhs within the jurisdiction of the State Commission. State Commission by the impugned order awarded him Rs. 2,52,000/- for loss of salary for the period of one year and nine months in Saudi Arabia @ Rs. 12,000/- per month, Rs. 10,000/- for mental shock and agony, and Rs. 4,500/- for expenses incurred. Thus totalling Rs. 2,66,500/-.