SURESH RASTOGI Vs. ROYAL JORDAN AIRLINES

JUDGEMENT

(1.) feeling aggrieved of the order passed by the District Forum whereby the complaint of the appellant seeking refund of the price of the ticket of O. P. No.1 purchased through its agent O. P. No.2 M/s. Bajaj Travels as well as compensation on account of mental agony and harassment.

(2.) Primary facts are not in dispute. The appellants purchased two tickets of respondent No.1 M/s. Royal Jordan Airlines for their journey from Delhi to New York. The tickets were issued by its agent M/s. Bajaj Travels on 8.5.1997 with O. K. status for outward journey from Delhi to New York and return ticket was also confirmed for 5.12.1997. In token of confirmation of the tickets sticker of O. K. status was pasted on the ticket. These tickets were valid for six months. After availing the ticket for the journey from Delhi to New York the appellant wished to come back India a little earlier than the confirmed flight on 5.12.1997. However, on contacting respondent No.1 at New York he was told that all seats were full on 5.12.1997. Thereafter he remained in touch with respondent No.1 on every alternate date to get the confirmed tickets and the respondent confirmed the flight on 28.10.1997 with O. K. status. Before proceeding he again confirmed the status and he was told that everything is confirmed and he along with his wife could check in atleast 2 hours before the flight's scheduled time and he was shocked when he was getting his baggage at respondent's counter checked that one of their staff told that their tickets were expired. Since it was Diwali festival he wanted to celebrate it in their native country and, therefore, requested the Flight Manager of respondent No.1 to permit them to go by the same flight. This request was acceded to but on payment of charges for new two tickets equivalent to US $ 788.

(3.) On account of aforesaid conduct of respondent No.1 emanating from the conduct of respondent No.2 the appellant approached the District Forum seeking refund of the tickets he was forced to purchase in spite of having a confirmed status of already purchased tickets.