RAMPRASAD Vs. HARI PRASAD

JUDGEMENT

(1.) Complainant No.1 is the husband of complainant No.2. Complainant Nos.3 and 4 are their minor sons. They are residents of Memphis, in U. S. A.

(2.) Complainants purchased air tickets for their journey by Gulf Air from U. S. A. to India on 1.7.1991 and for their return journey from India to U. S. A. commencing on 29.7.91 from one Mrs. Prabha Marvada at Memphis. This, Mrs. Prabha Marvada was originally made by the complainant as opposite party No.4 but subsequently her name was deleted by the complainants. The complainants travelled to India by Gulf Air under those tickets on 1.7.1991 but it is the case of the complainants that their return journey which was to commence on 29.7.1991, the opposite party failed to make arrangements for their return journey by Gulf Air on 29.7.1991. Thereby the opposite parties committed deficiency of service in not arranging for their return journey by Gulf Air flight on 29.7.1991. The complainants further averred that their return journey tickets by Gulf Air for the journey commencing on 29.7.1991 were confirmed tickets. The material averments in the complaint in this regard read as under: "the complainants submit that for the purpose of coming to Bangalore, they had purchased their air tickets through one Mrs. Prabha Marvada, the regular correspondent of Gulf Airline, having her residence at Memphis, U. S. A. and the complainants had purchased their air tickets, far to and from U. S. A. on 1.7.1991 and with a definite return confirmed airtickets dated 29.7.1991 paying a sum of Rs.1,00,000/- (Indian currency value) for airtickets for their return journey to U. S. A. on 29.7.1991 from Bangalore. The said Mrs. Prabha Marvada, had purchased the tickets of the complainants through Gulf Airlines, Memphis, U. S. A. and the same has been negotiated through their Bangalore authorised agents, Respondent No.1 in collusion with their counter part at Bombay. "

(3.) Complainants nextly averred that O. P. No.1 who is the authorised manager of Gulf Airline at Bangalore, failed to make necessary arrangements even on repeated requests for their return journey by Gulf Air flight on 29.7.1991 from India to U. S. A.