AVTAR SINGH Vs. ICICI HFC LIMITED

JUDGEMENT

(1.) by way of this complaint the complainants have prayed for following reliefs: " (a) To refund the money of the tickets paid by the complainant i. e. , Rs.20,500/- to the opponent for journey from New York to Bombay, together with interest @ 18% p. a. thereon from 6.5.1995 till the date of actual payment thereof. (b) To pay Rs.2,50,000/- to the complainant No.1 for not providing him the vegetarian food and not making the necessary and relevant arrangements in time for the alternate arrangements and for making the same after inordinate delay and for the mental tension, harassment, mental agony, mental and physical stress caused to the complainant No.1. (c) To pay Rs.2,50,000/- to the complainant No.2 for not giving any information about his son who was to go to Bombay and for the mental tension, harassment and incon-venience and mental agony and stress caused to the complainant No.2. (d) To pay Rs.10,000/- to the complainants towards the cost of this complaint. "

(2.) It has been the case of the complainants that the complainant No.1 wanted to go to U. S. A. on visitor's visa and the complainant No.2 was to go to U. S. A on Immigration visa. Complainants, therefore, approached Vyas Travels Pvt. Ltd. , who had booked tickets through Ajanta Travels Pvt. Ltd. , the general sale agents of Alitalia Airlines (opponents ). The complainants paid Rs.1,23,000/- by way of ticket charges. They travelled on 19.5.1995 and stayed in U. S. A. for four months. They had return tickets from New York to Bombay and the same were confirmed on 17.9.1995 under confirmation No. JT4 SJ1. Complainant No.1 had informed the opponents that he would be taking vegetarian food. Complainant No.1 travelled from New York to Rome by Alitalia Airlines Flight No.611. The departure time was 5.30 p. m. However, the flight was delayed upto 8.00 p. m. resulting into delay of 2 hours. Besides, during the journey from New York to Rome complainant No.1 was informed that his name was not shown in the list of passengers taking vegetarian food.

(3.) It has also been the case of the complainants that complainant No.1, a young man of about 24 years, travelled all alone as he had missed the connecting flight on account of delay caused by the opponents. From inquiry made by him he was informed that he would have to wait for half an hour to get the information regarding his connecting flight. Ultimately he was informed that he would have to go to Frankfurt from Rome and from Frankfurt the opponents would make arrangement to send him to Bombay through Lufthansa Airlines. Complainant No.1 also informed the concerned officer of the opponents (Alitalita) at Rome that his luggage did not arrive and the officer informed and assured that his luggage would be taken care of and would be sent through the flight to Frankfurt. Complainant No.1 had no other alternative except to wait and travel from Rome to Frankfurt, which he did. Even that flight from Rome to Frankfurt was late by 30 minutes and the complainant again missed the flight from Frankfurt to Bombay. His luggage was also not transferred. No one cared to attend to him when contacted. Not only that the concerned officer rudely informed the complainant No.1 that flight of AIR INDIA was going and if he wanted to travel by that flight he might have to go for that. Ultimately the complainant No.1 reached Bombay by Air India Flight No.150 from Frankfurt to Delhi and from Delhi to Bombay on 19.9.1995. It has, therefore, been alleged by the complainant that on account of such delay and deficiency on the part of the opponents he has suffered a lot. He suffered mental agony and torture. He sustained physical stress coupled with uncertainty for a long period of six hours. He had to pass the entire period without food as no vegetarian food was supplied, though he had given choice for vegetarian food as stated above. Under such circumstances the complainants have prayed for compensation as aforesaid.