AIR INDIA Vs. GEETIKA SACHDEVA

JUDGEMENT

(1.) Air India, the petitioner/OP has made a feckless attempt against the orders rendered by the fora below. Both the fora below have given the concurrent findings. The first objection raised by the learned counsel for the petitioner was that the filing of this complaint before the District Fora was delayed by 72 days. The cause of action has arisen on 06.12.2001, but the complaint was filed in the year 2004. Counsel for the petitioner submitted that the complainant did not file the complaint within the period of two years. In support of his case, he has cited few authorities reported in HUDA Vs. B. K. Sood, 2006 1 SCC 164, State Bank of India Vs. B.S. Agricultural Industries (I),2009 2 CPJ 29 , Kandimalla Raghavaiah & Co. Vs. National Insurance Co.Ltd., & Anr., 2009 CTJ 951 and a case of this Commission, RP 1113 of 20014, titled HCL Ltd. Vs. Bureau of Indian Standards, decided on 09.01.2015.

(2.) However, I am of the considered view that these authorities have no application to the facts of this case. To top it all, by no stretch of imagination, it can be held that the case is barred by limitation. As a matter of fact, the period of limitation has not yet started till the filing of the complaint or even, till now. However, it is essential to discuss the facts of this case before adverting to this issue.

(3.) Ms. Geetika Sachdeva, the complainant/respondent, purchased an open air ticket from Air India, OP, through its agent International Students Travel Pvt. Ltd., for Delhi-London-Toronto-London-Delhi and she was given a confirmed status. She travelled to Toronto on 09.09.2001 and intended to return to Delhi on 06.12.2001. On 02.11.2001, she informed the Air India of her intention to travel from London to Delhi on 07.12.2001 and in turn she was informed that her ticket was confirmed for 07.12.2001 from London to Delhi by Flight No. AI 120. She boarded an Air Canda Flight from Toronto on 06.12.2001 and reached London from where she was to board the flight for Delhi. However, at London, she was informed that the validity of her ticket had expired and she was denied boarding. She was all alone, was not having sufficient funds to buy another ticket and had to wait for about eight hours at the air port when she met another passenger, named, Dr. Shobit Sinha. Dr. Shobit Sinha had come from Chicago and was also denied boarding on the same ground. She borrowed money from Dr. Shobit Sinha and purchased another ticket by Virgin Atlantic Airways and came to Delhi. Her baggage was allowed by the Airlines - Air India, which was delivered to her after a long delay and she had to pay a sum of Rs.665/- on 11.12.2001.