LUFTHANSA GERMAN AIRLINES Vs. SUNIL KOTHARI

JUDGEMENT

(1.) These three revision petitions arise out of a common order passed by the Rajasthan State Consumer Disputes Redressal Commission in Appeal Nos.600-602/2009. The State Commission has confirmed the order of the District Forum and dismissed the appeal filed by the present revision petitioner, Lufthansa German Airlines.

(2.) The facts as seen in Revision Petition No.1737 of 2012 have been taken for the purposes of the consideration of these revision petitions. The matter arose out of travel of the Complainant from New Delhi to Tusan (US) for participating the Tusan Fair in February, 2005. The journey, in both sectors, was booked on Lufthansa Flight. Onward journey from New Delhi to Tusan via Munich (Germany) had apparently no problem. But, for the return journey, which was from Tusan to New Delhi via Frankfurt (Germany), the Complainant was not allowed to board the flight, on the ground that he did not have transit visa for Germany. He had to undergo considerable additional expenditure and personal inconvenience and could return to Delhi after a delay of two days. In the consumer complaint filed against Royal Classic Tours and Travel Pvt. Ltd. (OP-1) and Lufthansa German Air Lines, through its Country Manager, New Delhi (OP-2), the Complainant claimed 1488.44 US $ towards cost of the tickets, Rs.4 lacs towards compensation and Rs.21,000/- towards costs.

(3.) Before the District Forum, OP-1 took the stand that he had only sold the ticket as the agent of OP-2. According to OP-2 transit visa was demanded by the officials of United Airlines on whom OP-2 did not exercise any control. These contentions were rejected by the District Forum which relied upon the letter of 23.2.2005 address by OP-2 to OP-1 in which it was clearly admitted that the problem arose due to miscommunication between the immigration officials and the United Airlines, which was partner airline of OP-2/the present revision petitioner. The District Forum also took note of the submission of OP-2 that they had rebooked the passenger from Tusan to New Delhi on the next day i.e. 9.2.2005 but it has observed that no supporting documentary evidence was produced in this behalf. In the result, the District Forum allowed the complaint and awarded the air fare from Tusan to New Deklhi via Frankfurt, rejecting the claim of the Complainant for a much longer route of travel. The Forum also awarded compensation of Rs.1 lakh.