K R SHYAM SUNDAR Vs. INDIAN AIRLINES

JUDGEMENT

(1.) The appeal arises out of O. P. No.588/99 on the file of the District Consumer Disputes Redressal Forum, Chennai (South ). The case of the complainant was as follows: He booked a ticket in the opposite party's Airlines on 23.6.1998 for travel from Chennai to Madurai on 24.6.1998 and he postponed his journey to 26.6.1998. The opposite party issued a confirmed ticket for travel by IC 535 on 26.6.1998 Chennai-Madurai with departure time 17.20 hrs. When the complainant sent one of his staff to collect the boarding pass, he was informed that there was no flight on that day. Hence he refixed his programme on 2.7.1998. The opposite party had issued ticket for a non-scheduled day and caused mental agony. After exchange of letters and after verification of the original ticket by the Superintendent of the opposite party, the opposite party failed to take further action. Inasmuch as the opposite party had issued a confirmed ticket with wrong departure time it amounted to deficiency in service. The complainant's claim was for Rs.2,15,000 towards mental agony and Rs.3,000 towards costs.

(2.) The opposite party resisted the complaint contending inter alia as follows: The complainant had wrongly stated that the opposite party had mentioned the flight time of 26.6.1998 as 17.20 hrs. and there was no such flight. A perusal of the ticket would show that the complainant had originally booked the ticket on 23.6.1998 for the flight on 26.6.1998 at 6.00 a. m. at which time there was a flight. But on 24.6.1998 he revalidated it to 27.6.1998. On 26.6.1998 at 5.20 p. m. he got it revalidated it to 2.7.1998. The time at which the revalidation was done was 17.20 hrs. Wrongly taking the endorsement of 5.20 p. m. as the flight time on 26.6.1998, the complainant had filed the complaint. There was no deficiency in service.

(3.) The District Forum accepted the case of the opposite party and held that the complainant had originally booked his ticket for the journey on 23.6.1998 for the flight on 26.6.1998 at 6.00 a. m. ; on 24th he had postponed the journey to 27.6.1998 and again changed his mind and on 26.6.1998 at 17.20 hrs. he got his journey postponed to 2.7.1998 on which date he travelled to Madurai. There was no deficiency in service.