ANIL PREM NATH SHARMA Vs. AIR INDIA LTD

JUDGEMENT

(1.) I.A.NO.1755 OF 2015

(2.) The complaint has been opposed by the opposite party Air India on the ground that as per the booking rules, all out bound and in bound passengers to the Gulf countries were required to reconfirm their return ticket 72 hours prior to departure time of the flight. According to the opposite party since the complainant did not confirm the return journey the ticket issued to him was cancelled on 30-06-2006. As regards issue of boarding card to the complainant it is stated in the reply that another person namely Mr. Anil K. Sharma was also scheduled to travel on the flight on which the complainant had booked the return ticket and by mistake occurring due to similarity of the names and PNR numbers, PNR No. of Mr. Anil K. Sharma being H7MEK and that of the complainant being H7MET, the ground staff of Air India issued the boarding card of Mr. Anil K. Sharma to the complainant. When the mistake was realized the complainant was not allowed to board the plane.

(3.) Though the opposite party Air India Ltd. has claimed that as per the booking rules applicable at the relevant time the passengers traveling to and from Gulf countries were required to reconfirm their journey at least 72 hours before the scheduled time of the flight, no such rule has been placed on record. During the course of arguments the learned counsel for the opposite party submitted that the aforesaid requirement was printed on the jacket containing the ticket issued to the complainant and he is ready to produce a copy of the said jacket if so permitted. However, in the reply filed by the opposite party there is no averment that the jacket containing ticket delivered to the complainant carried a stipulation requiring him to reconfirm the journey at least 72 hours before the scheduled time of the flight. In the absence of such an averment in the reply we cannot allow the respondent to place the copy of the aforesaid jacket on record at this stage when the complaint is pending for last nine years. This is more so when the complainant vehemently disputes having received any such jacket along with ticket issued to him.