V KRISHNASWAMY Vs. MANAGER SOUTHERN REGION AIR INDIA

JUDGEMENT

(1.) This is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act

(2.) The complainant is a non-resident Indian in America holding a green card and his Indian passport No. is 1-055322. He is a carrying on export and import business in leather goods, garments and food stuffs etc. He claims to be the President of Globe Enterprises and American Computer Technology and is having his office at No.90, Winter AVE 2 FL, Staten Island. New York. The complainant purchased an Air India Ticket bearing No.02039001 at Kualalumpur on 25.4.92 with destinations at Singapore, Madras, Bombay, New York, London, Bombay, Madras, Singapore. He arrived in Madras on 16.2.92 and on 19.4.92 he got his ticket confirmed (O. K.) for his flight to Singapore from Madras by Air India flight No. AI 424 leaving the Meenambakkam Airport at 13.20 hours on 22.4.92. According to the complainant he had very important business to be transacted at Singapore on 22nd and 23rd of April '92 to sign a business contract with M/s. Master Spices Pvt. Ltd. , Singapore and other business dealings with M/s. A. S. M. Garments and Traders and M/s. Garden Gift Corner, Singapore. On 22.4.92, the complainant reached the International Airport at Meenambakkam at 12 noon. After paying the Foreign Travel duty, he got the boarding pass from the Air India counter and the security check for his luggages was also cleared. He then got immigration clearance and customs clearance and finally security check up for personal and hand luggage and was about to board the aircraft after completing all these formalities, when opposite parties 3 and 4 stop him at the entrance of the aircraft. His boarding pass was snatched away from him to the complainant's utter shock and confusion. Even though he explained to them the importance of his trip to Singapore and the loss and damage that would be caused, if he was not allowed to board the flight, he was not allowed to board the aircraft. It is alleged by the complainant that he was manhandled and pushed to the waiting hall and taken to the Air India Office. He went down to the ground floor, where he got the luggage. He was waiting in the Air India Office behind the booking counter and after a very long time, his documents were got back and it was written on the ticket coupon as "off loaded A.1 -426/22 - APRIL. Due late reporting for Government formalities". This endorsement is incorrect and false. The opposite parties 3 and 4 not only misdonducted and misbehaved themselves, but also made false entry in the ticket. According to the complainant his seat was allotted to somebody else. The complainant was subjected to serious shock, mental agony and illtreatment for which he claimed damages in the sum of Rs.1 lakh. If he had been allowed to proceed to Singapore and keep up his business contracts, he would have earned a profit of Rs.8,50,000. In all he claimed damages in the sum of Rs.9,50,000/-.

(3.) The opposite parties in their joint counter resisted the complaint and denied the allegations of the complainant. It is admitted that the complainant checked-in at the-eheck-in counter of the Air India at Madras with one piece of luggage (apart from his hand baggage) for flight No. A.1- 424, Madras to Singapore on 22.4.92. At the time of the closing of the counter, there was a total of 64 passengers including the complainant. At 13.15 hours, the opposite party's staff found that only 63 passengers had boarded the plane and found out that the complainant was still in the customs area awaiting customs clearance. It was ascertained on enquiry that he was not being cleared by the Customs due to TBRE problem (Tourist Baggage for Re-export) This passenger while coming into India had imported items free of duty on condition that they would be re-exported at the time of the departure and he was unable to produce those items at the time of the departure and hence the customs authorities did not give clearance. At 13.20 hours, the customs authorities gave statutory clearance only for 63 passengers. As the scheduled departure time of 13.20 hours had already arrived, it was decided to release the flight with 63 passengers only. The load Sheet was amended and signed by the Commander. The doors were closed and the aerobrindge was disconnected. When the aircraft started pushing back, the complainant came rushing towards the area and he was stopped by Duty Officer, Mr. Djeakumar-opposite party No.3. He explained to the complainant his inability to accommodate the complainant. It is true that the complainant was upset and agitated as he missed the flight, but it was denied that he was prevented while he was about to step into the aircraft or that his boarding pass was snatched away or that he was dragged away, assaulted or manhandled. He was offered a ticket in the next Air India flight on 23.4.92, but the complainant did not choose to travel on that flight. It is denied that his seat was allotted to somebody else. There was only 104 passengers on board on that day, while the total capacity was 181. The opposite parties therefore contended that there was no deficiency or negligence on their part.