S R SATHYA KUMAR Vs. AIR INDIA

JUDGEMENT

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

(2.) The complainant purchased a Round the World Ticket from the Opposite Party's office at Madras on 20.4.90 at the special fare of Rs.27,609/- for the trip from Madras to Frankfurt-Boston-New York-Detroit-Cincinnati-Detroit-San Francisco-Tokyo-Singapore-Madras. The complainant left Madras on 22.4.1990 and stayed at Frankfurt on the first lap of his journey. When he started from Frankfurt to Boston by N. W. Orient Lines Flight, he found his passport missing. He could not therefore undertake his journey. The Air India Office at Frankfurt uplifted all the remaining coupons of the Round the World Ticket and re-issued a ticket from Frankfurt-Bombay-Madras and charged Rs.30,288/-. The complainant returned to Bombay by Air and from Bombay to Madras by train. On 12.6.1990, he requested the Air India to re-instate the Round the World Ticket. But the opposite party did not respond to his requests. This according to the complainant amounts to deficiency of service and negligence. He claims to have suffered business loss and put to much mental pain and agony. He has therefore filed this complaint to return and refund the uplifted coupons in the complainant's ticket for the remaining part of the journey from Frankfurt-Boston-New York-Detroit-Cincinnatti-Detroit-San Francisco-Tokyo-Singapore-Madras, after collecting the then fare from Frankfurt to Bombay to Madras and pay damages in the sum of Rs.8 lakhs.

(3.) The claim is resisted by the Opposite Party Air India. It is pointed out that under the' Round World Ticket purchased, the complainant has to travel by several Airlines and those airlines are also necessary parties to this complaint. The complaint filed without impleading them has to be dismissed in limini. It is denied that there was any negligence or deficiency of service on the part of the opposite party. There has been utter negligence only on the part of the complainant in losing his passport at Frankfurt. The Opposite Party though not obliged in order to help the complainant boarded him on its flight to Bombay and to Madras. The fare from Frankfurt-Bombay-Madras is Rs.30,288/- which the Opposite Party did not collect from the complainant. The actual payment made by the complainant for the purpose of Round the World Ticket is only Rs.27,509/-. Therefore, the complainant has to pay the difference of Rs.2,779/-. There is no question of re-instating the original tickets. After utilisation of the same, the claim for refund of the ticket for the untravelled portion is mischievious and no question of refund arises. The allegations against this Opposite Party are baseless, unfounded and the complaint has to be dismissed with full costs.