PROXIMA STEEL FORGE LTD Vs. AIR INDIA LTD

JUDGEMENT

(1.) THIS Original Petition has been filed claiming a sum of Rs. 66,30,155/ - as compensation for the loss of business and inconvenience suffered by the Managing Director of the complainant Company due to denied boarding of the plane on a confirmed ticket.

(2.) THE Managing Director of the complainant Company, M/s. Proxima Steel Forge Ltd. & Anr. Mr. Rakesh Rathour wanted to attend International Hardware Fair from 3.3.1996 to 6.3.1996 in Cologne to explore the business possibilities of the Company in global market. The Company had incurred certain expenditure, in that regard to have a stall in the Trade Fair. Ticket to visit Cologne with Air India was booked for Sh. Rakesh Rathour, the Managing Director of the Company by paying Rs. 36,420/ - and the ticket was purchased from M/s. Janta Travels, respondent No. 3, indicating passage was routed Delhi -Frankfurt -Cologne London Delhi. The ticket was confirmed. The journey was to start from Delhi on 3.3.1996 at 21.5 p.m. Sh. Rakesh Rathour arrived in New Delhi by the Shan -e -Punjab on 2.3.1996.

(3.) THE matter was contested by the respondents. It is claimed that the respondent had reported late so he could not be accommodated in the said flight. It was an international commercial practice to take additional bookings for a flight to avoid losses due to failure of people to report on time or for 'no shows'. Due to over -booking of the said flight the Managing Director of the complainant. Mr Rathour along with other passengers could not be accommodated on the said flight. Provisions were made for Mr. Rathour to stay at the hotel Le Meridian. Damages, which have been claimed, are highly inflated claims, it was also claimed that Mr. Rathour should not have left his travel till the last day on which he was supposed to be present in Cologne i.e. 3.3.1996. Flights of the Airlines are often delayed due to various reasons and he should have made enough allowance for such a contingency.