(1.) These two revision petitions (R.P.No.4090/2007 and R.P.No.4158/2007) have been filed by British Airways Plc.(hereinafter referred to as the 'Petitioner') and M/s Nijhawan Travels Services Pvt. Ltd. (hereinafter referred to as the 'GSA') respectively being aggrieved by the order of the State Consumer Disputes Redressal Commission, UT Chandigarh (hereinafter referred to as the 'State Commission') in Appeal No.26/2007 decided in favour of Santosh Kumari and another, Respondents herein who were original complainants before the District Forum. Since, the facts and issues involved in these cases are similar, these revision petitions are being disposed of through a single order by taking the facts from R.P.No.4090/2007.
(2.) The facts of the case are that the Respondents/Complainants had purchased two air tickets of British Airways through Janta Travels Pvt. Ltd. (hereinafter referred to as the 'Respondent No.3') for undertaking a journey from Delhi to Atlanta, USA and return. The tickets were valid for six months from the date of outward journey i.e. 22.03.2003 and return on 18.09.2002 with an assurance of an OK status with connecting flights on the same day at London. A print -out of the computerized confirmation for the to and fro journey was issued to the Respondents on 26.02.2002 with a British Airways Confirmation Number BA/R6E7G1. After reaching Atlanta Respondents contacted office of Petitioner in USA on phone in April, 2002 who again confirmed the OK status of their return journey from Atlanta (USA) to Delhi via London on 18.09.2002 with reference to the computerized confirmation earlier issued. However, just before their scheduled departure on 18.09.2002, the USA Office of Petitioner informed Respondents that the confirmation of their tickets has been cancelled and the PNR Number on tickets was thus invalid because of non -adherence of a minimum 3' hours' connecting time between arrival at Gatwick and departure from Heathrow Airport, both being London Airport Terminals. Petitioner also refused to issue fresh tickets to Respondents for the return journey. Thereafter, several requests were made by Respondents to Petitioner's Counter at Atlanta Airport, USA who stated that their Agent in India should be approached for the purpose. After a great deal of physical stress, mental agony and additional expenditure, Respondents had no option but to buy fresh tickets from another Airlines costing equivalent to Indian Rupees 97,344/ - for their return journey to India. On their return to India, Respondents took up the matter with Petitioner and asked for refund of the cancelled tickets and compensation. Petitioner vide its letter dated 22.04.2003 while admitting cancellation of the tickets expressed its inability to give them any compensation and suggested that the matter be taken up with the Respondent No.3 (Janta Travels Pvt. Ltd.) who should not have booked Respondent on a flight where the connecting time between two flights is less than 3' hrs. for the same day. Aggrieved by these actions, Respondents filed a complaint on grounds of deficiency in service before the District Forum and requested that Petitioner along with Respondent No.3 (Janta Travels Pvt. Ltd.) be directed to pay Respondents a sum of Rs.42,800/ - being the cost of the return tickets, Rs.20,000/ - for mental agony and harassment caused to them and Rs.5,000/ - as litigation costs along with interest @ 18% per annum.
(3.) Petitioner denied the above allegations and stated that the tickets were confirmed only for the onward journey from Delhi to Atlanta(USA) and the tickets from Atlanta to Delhi were open and confirmation of the same was declined on account of the fact that undercutting of the minimum connecting time between two flights being one of the conditions of the special fare charged for the tickets was not fulfilled in the instant case. It was under these circumstances, Respondents were advised to take up the matter with their travel agent Respondent No.3(Janta Travels Pvt. Ltd.) who should not have booked Respondents on a flight where the connecting time between two flights is less than 3' hrs. for the same day. Petitioner further stated that the Respondents are not entitled for refund as Respondents' tickets were booked by Petitioner and confirmed for 22.09.2002 but due to 'no show' by the Respondents at Atlanta Airport on the said date the same became invalid. There was therefore, no deficiency on the part of Petitioner.