LUFTHANSA GERMAN AIRLINES Vs. R BHASKARAN

JUDGEMENT

(1.) PETITIONER, Lufthansa German Airlines, having failed to persuade both the District Consumer Disputes Redressal Forum, Chennai North (District Forum for short) and the Chennai State Consumer Disputes Redressal Commission (State Commission for short) that they were fully justified in denying the claim of the respondents/complainants have filed this revision petition challenging their findings.

(2.) BRIEFLY stated, Dr. R. Bhaskaran and his wife (the complainants) purchased return journey air tickets from the petitioner Airlines' travel agent at Chennai and paid a sum of Rs.1,60,160/ - on 08.08.2002. The tickets were valid upto the 8th of February, 2003. While the respondents/complainants performed the onward journey to USA on 08.08.2002 as stated in the air tickets, their return journey was kept open for the period of its validity. While in the USA Dr. Bhaskaran, one of the complainants, was taken ill and the couple decided to return to India and, therefore, they approached the petitioner Airlines in the USA to confirm their return journey sometime in the last week of November, 2002. Their request, however, was declined on the ground that seats were not available until January, 2003. Unable to wait until January, 2003, which was the peak winter season, the respondents/complainants had no alternative but to approach other Airlines to return to India. Finally, they managed to return to India by North West Airlines on the 1st of December, 2003 by paying a heavy cost for the tickets.

(3.) ON their return, they approached the travel agent who had issued the tickets i.e. respondent no.3 at Chennai, who reportedly informed that refund for the unused part of the tickets could be admissible on medical grounds subject to a deduction of Rs.4000/. However, that was not to be as the petitioner Airlines when approached with the necessary document rejected their claim for refund forcing the respondents/complainants to approach the District Forum. The complaint was resisted by the petitioner Airlines, who amongst other pleas mainly contended that the respondents/complainants having availed the discounted tickets under the Excursion Fare Scheme of the Airlines, which was covered by certain specific terms and conditions, they were not entitled to any refund for the partially used tickets. The District Forum after due consideration of the material/documents and evidence produced by the parties felt that the petitioner Airlines had not been able to establish its defence and, therefore, held them liable and ordered them to refund Rs.80,080/ - with a cost of Rs.1000/ - within two months from the passing of its order. Aggrieved thereupon, the petitioner Airlines filed appeal before the State Commission who too did not find any merit in the appeal and dismissed the same, thereby confirming the order of the District Forum. This is how the petitioner Airlines is before this Commission by virtue of this revision petition filed under Section 21(b) of the Consumer Protection Act, 1986.