AIR INDIA Vs. HARPREET SINGH

JUDGEMENT

(1.) AIR India who is the petitioner before us was opposite party No. 2 before the District Forum in a complaint filed by respondent Nos. 1 and 2 being the father and son. M/s. Grand Travel Planners (P) Ltd. who is the 3rd respondent before us was respondent No. 1 before the District Forum.

(2.) THE complaint was that in spite of having a confirmed ticket of Air India issued by the Travel Agent, Harpreet Singh was denied boarding. District Forum held that there was deficiency in service and awarded Rs. 15,000/- as compensation and had also awarded Rs. 4,000/- as travel expenses from Indira Gandhi International Airport (IGIA), Delhi to Connaught Place offices of the Air India and then from IGIA to Domestic Airport. Complainant had claimed expenses for mental agony and physical harassment. In all, District Forum awarded Rs. 19,000/- to the complainant and in case the amount was not paid within one month from the date of receipt of the order, it will carry interest at the rate of 9 per cent per annum from that date. A sum of Rs. 1,000/- was also awarded as litigation cost to the complainant.

(3.) AS stated above, the Air India still feels aggrieved and has come before us in this petition under Section 21(b) of the Consumer Protection Act, 1986. Two points have been raised before us - (1) the travel agent was not the agent of Air India though he was agent of IATA (International Air Transport Association) and (2) ticket was not re-confirmed by the passenger. Both these points are without substance, Travel agent was the accredited agent of IATA of which Air India is a Member, An argument that Air India could not suffer for the fault of the agent is against the basic principles of law particularly against the provisions of the Contract Act. Air India is certainly liable for the negligence of its agent. Ticket was purchased on 23.2.1999 and Harpreet Singh, the passenger, was to take the flight on 25.2.1999, within 72 hours of purchase of the okay ticket. There was no question of any re-confirmation when travel agent had issued a ticket with confirmed status. Harpreet Singh was to join university in Sydney on 1.3.1999 for higher studies. We have not been shown any condition requiring confirmation in a case like the present one.