EMIRATES Vs. RAJ KUMAR SHARMA

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 09.03.2009 passed by the learned Delhi State Consumer Disputes Redressal Commission, (in short, 'the State Commission') in Complaint No. C-127 of 2001 Raj Kumar Sharma Vs. Emirates Airlines by which, while allowing complaint, Rs. 5,00,000/- were allowed as compensation in favour of the complainant.

(2.) Brief facts of the case are that complainant/respondent was working under a contract of employment with Central Hospital, Benwalid, Libya and was getting salary of Rs.65,000/- approx. In November, 1989, on account of his mother's ailment he came to India on leave and got confirmed return tickets to Djerba from Air Malta, who had flight agreement with OP/appellant and reservation tickets were as following :-

(3.) On 6.5.1999, complainant reached Indira Gandhi International Airport where he was informed by the concerned authorities that reservations from Dubai to Malta was not in the list and flight from Malta to Djerba was also cancelled, but reservation from Delhi to Dubai was still existing. Complainant contacted OP and OP asked him to get fresh confirmed tickets on payment of Rs.35,000/-, but complainant refused. Thereafter, complainant got new reservation for 13.5.1999, which was further extended to 17.5.1999 by the OP. Libya Visa Authority in India refused to extend emergency visa. Complainant served legal notice on the OP and OP replied that as complainant had not supplied telephone number for contact, they could not intimate to complainant. Alleging deficiency on the part of OP, complainant filed complaint before State Commission and claimed Rs.18,70,000/- as compensation in different heads. OP resisted complaint and submitted that OP was not a service provider qua the complainant. Tickets were obtained by the complainant from Air Malta from Tripoli/Libya on 3.12.1998 and OP was only a participating carrier from Dubai to India. It was further submitted that complainant contacted OP on 24.2.1999 and ticket from Delhi to Dubai for 6.5.1999 was confirmed, but tickets from Dubai to Malta and Malta to Djerba were not confirmed. It was further submitted that tickets from Dubai to Malta and Malta to Djerba were confirmed by Air Malta on the same day. Later on, on 19.4.1999, OP received intimation from Air Malta about change of schedule of their flights from Dubai to Malta and flight was re-arranged from 7.5.1999 to 6.5.1999. As OP was not having any contact number of complainant, complainant could not be informed. It was further submitted that OP was not in a position to influence Libyan Visa Authority for extension of visa and prayed for dismissal of complaint. Learned State Commission after hearing both the parties, allowed complaint as aforesaid against which, this appeal has been filed.