K V S SURYANARAYANA Vs. JET AIRWAYS

JUDGEMENT

(1.) The complainant, not satisfied with the quantum of damages awarded to him by the District Forum, has preferred this appeal claiming enhancement of the damages.

(2.) The facts in brief are the complainant has purchased four tickets for his relatives for travelling from Hyderabad to Bombay by the evening flight of the opposite parties which was scheduled for departure at 18.25 hours. The passengers have to catch another flight to London from Bombay on the same day and they arrived at the Airport at Hyderabad on 11.12.1993 at 5.25 p. m. The flight to Bombay had already left and they were informed that the flight schedule was revised from 7.12.1993 and as per the revised schedule the flight has left at 5.15 p. m. The complainant has protested with the officials of the opposite parties, but to of no avail. But they were accommodated on the next day's flight by the Indian Airlines by the opposite parties. Though the opposite parties promised to accommodate them in Bombay, there was no body to receive them at Bombay and they have to made their own arrangements for their stay at Bombay. The complainant claimed that those persons came from U. K. to perform wedding of their daughter with his son and that they lost wages amounting, approximately, to Rs.15,000/- (300 pounds) and incurred an expenditure of Rs.4,000/- at Bombay. The complainant claimed Rs.15,000/- towards wages, Rs.4,000/- towards expenditure incurred at Bombay, Rs.3.00 lakhs towards damages, Rs.2,000/- towards costs for contacting their relatives at London and Rs.2,000/- towards costs of the complaint.2. Opposite parties 1 and 2 filed their separate written version contending that timings are liable to change from time to time and it is a normal and accepted principle of Airlines and that at the time of issuing tickets a sticker was attached to every ticket stating that the passengers are obliged to check the timings on the date of journey and since they changed the schedule of flight with effect from 7.12.1993 they made several attempts to inform the passengers over telephone, but as they were not available they could not communicate the change of timings to the complainant or the passengers.

(3.) Basing on these pleadings and the evidence adduced, the District Forum held that there was deficiency in service and awarded damages of Rs.5,000/- and costs of Rs.500/- to the complainant.