LAWS(NCD)-2004-11-123

INDIAN AIRLINES Vs. SUBRATA SINHA

Decided On November 10, 2004
INDIAN AIRLINES Appellant
V/S
SUBRATA SINHA Respondents

JUDGEMENT

(1.) The appellant is domestic airlines run by the Government of India. Government servants are forced to take the services of the appellant airlines merely because the appellant happens to be a public enterprise. Respondent has suffered at the hands of the appellant because of compulsion of travelling by the appellant-airlines for official purpose. In spite of having a confirmed and with 'ok status' ticket from Delhi to Bangalore, he was left high and dry when he on reaching the airport was told that due to heavy booking his ticket has been cancelled.

(2.) Vide impugned order dated 13.9.2004 the District Forum granted only Rs.5,000/- though respondent claimed Rs.50,000/- as compensation amount for the mental agony suffered by the respondent besides the cost of the ticket of Jet Airways purchased by him for reaching his destination. Still the appellant is aggrieved and has assailed the order by preferring this appeal.

(3.) The respondent who is Head of Bio Chemistry Department of All India Institute of Medical Sciences (AIIMS) purchased a ticket of appellant-airlines though respondent No.2 M/s. Sphnix Travel Worldwide on 3.1.2004 and paid Rs.19,705/- for his proposed to and fro visit from Delhi to Bangalore. The ticket was carrying OK status both ways. When he reached the airport on 14.1.2004 the date of journey well on time to check in for boarding the plane he was made to wait for long time and ultimately he was informed that there was no room for him as his ticket has been cancelled. Since he was required to reach Bangalore on 14.1.2004 he purchased a new ticket for Jet Airways one way costing Rs.9,498/- and left for Bangalore on the same day. Since the respondent was not entitled to seek reimbursement of the amount spent by him on the ticket of Jet Airways in spite of his official visit he filed a complaint before the District Forum seeking compensation to the tune of Rs.50,000/- for mental agony and harassment and Rs.5,000/- as cost of litigation besides the cost of the ticket of Jet Airways with 9% interest.