REGIONAL MANAGER AIR INDIA Vs. TARUN SETH

JUDGEMENT

(1.) The Regional Manager, Air India and another (hereinafter referred to as the 'Petitioner') have filed this revision petition against the order of the State Consumer Disputes Redressal Commission, Gujarat (hereinafter referred to as the 'State Commission') which was decided in favour of Tarun Seth and another, Respondents herein who were the original complainant before the District Forum.

(2.) According to the Respondents/Complainant they had purchased two business class air tickets for Rs.2,39,537/- + Rs.3,740/- from the Petitioner/Airlines for the return journey from New York to Mumbai and were allotted Seat Nos.15-J and 15K which were defective since they did not slide or move forward. Respondents immediately complained about this to the Petitioner/Airlines staff and they were assured of a change of seats or upgrade at London but no action to do so was taken nor were the seats repaired. As a result, Respondents had to sit in an upright position throughout their long air journey causing severe physical pain and discomfort. Respondents were provided upgradation of seats only from Delhi to Mumbai but the major part of their journey was under great physical and mental stress. On arrival at Mumbai, Petitioner/Airlines in acknowledgment of their deficiency, offered the Respondents business class tickets for Mumbai-London-Mumbai sector which was not accepted and Respondents requested for tickets from Mumbai-New York with a halt at London. Petitioner/Airlines agreed to provide tickets for Mumbai-New York-Mumbai sector but with no halt in London which was not acceptable to the Respondents who therefore, requested for refund of business class air fare tickets from New York to Mumbai. Since, Petitioner/Airlines did not accept this request, Respondents filed a complaint before the District Forum on grounds of deficiency in service and requested that Petitioner/Airlines be directed to pay Respondents, Rs.2,39,537 and Rs.3,704/- being the cost of their air tickets along with interest @ 9% per annum, Rs.8 lakhs towards mental agony and harassment, Rs.5,000/- as litigation cost and any other relief as deemed appropriate.

(3.) Petitioner/Airlines upon being served, accepted that that the seats assigned to the Respondents were defective and unfortunately because the flight was full, alternate seats were not available upto Delhi after which they were upgraded. But Petitioner/Airlines was ready to compensate the Respondents for the inconvenience caused and therefore, offered them business class tickets from Mumbai-New York-Mumbai which was not accepted. It was not possible to accommodate Respondents' request for a halt in London on this sector because Petitioner/Airlines was no longer operating this flight with a halt in London.