INDIAN AIRLINES LTD Vs. TRAVLINX TRAVELS PVT LTD

JUDGEMENT

(1.) The respondent/complainant Shri R. P. Singh (since deceased) availed the facility of Leave Travel Concession (for short hereinafter referred to as LTC) from his employer-Punjab and Sind Bank at Patiala for himself and his wife Mrs. Gurinder Jit Kaur and minor son Shri Simranjit Singh and minor daughter Ms. Bahoor Jit Kaur for travelling to Leh for the period from 26.6.2000 to 3.7.2000. This facility of LTC was available to him only once in every four years and the same could not be carried forward. With a view to avail the LTC facility, the deceased complainant Shri R. P. Singh approached the O. P. No.1 - M/s. Travlinx Pvt. Ltd. , SCO No.28-30, First Floor, Sector 9-D, Chandigarh who were the authorised agents of the appellant-M/s. Indian Airlines Ltd. having their office in Sector 17-C, Chandigarh. The tickets were booked much in advance. The first leg of journey was from Jammu to Leh, which was on 1.5.2000 itself. The return tickets were from Jammu to Leh. The invoice number for the return journey was 3211 dated 2.5.2001. The tickets both ways i. e. onward journey as well as return journey showed OK status. The deceased complainant with his wife and two minor children with a view to avail LTC, left for Jammu in a hired taxi to catch the flight on 26.6.2000 and paid to the taxi cab driver a sum of Rs.2,900/-. They reached the airport well in time for check-in of the flight but at the airport in Jammu, they learnt that their names did not figure in the list of passengers. They were told that their confirmed tickets from Jammu to Jindal have been cancelled on the instructions of O. P. No.2- M/s. Hargobind Travels, SCO No.130-131, Sector 34-A, Chandigarh and against their seats, some other passengers were booked. The complainant and his family members had no option but to return to Patiala after spending one night in a hotel at Jammu. Later on he came to Chandigarh and discussed the matter with the O. Ps. but none of them could satisfactorily explain the mess in which the complainant and his family members found themselves on 26.6.2000 at the Jammu airport.

(2.) The O. Ps. tried to pass on the buck to one and the other. The written representation was made on 21.7.2000 to the appellant-Indian Airlines Ltd. and in response, they sent a letter of apology dated 9.8.2000 but they did not compensate him. However, on 23.10.2000, the appellant called upon the O. P. Nos.1 and 2 to refund air tickets to the complainant pending the resolution and other disputes between the parties. Accordingly, O. Ps.1 and 2 refunded the air tickets fair of a sum of Rs.12,972/- on 3.10.2000. At the same time, since the complainant could not avail the LTC facility after drawing an advance from the Punjab and Sind Bank, was involved in some domestic inquiry despite the fact that he had deposited back the advance amount withdrawn by him from the Bank for availing the LTC facility. This led to the filing of the complaint. The complainant eventually died and the complaint was pursued by his Legal Representatives comprising his wife and two minor daughters under her guardianship.

(3.) The complainants claimed Rs.20,000/- as compensation and a further sum of Rs.50,000/- as compensation for mental and physical harassment caused to the complainant by the acts of omission and commission on the part of O. Ps. who were deficient in rendering the service to the deceased complainant. A sum of Rs.11,000/- was claimed as costs of litigation. Interest was also claimed on these amounts @ 18% per annum.