KUWAIT AIRWAYS CORPORATION Vs. AJAY GUPTA

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of Consumer Protection Act, 1986 by the Kuwait Airways, challenging the impugned order dated 1.4.2016, passed by the State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (hereinafter referred as 'State Commission') in Appeal No.224/2016, Kuwait Airways Corporation vs. Ajay Gupta and others, vide which, while dismissing the appeal, the order passed by the District Consumer Disputes Redressal Forum, Jaipur in Consumer Complaint No.485/2013, filed by the present respondent no.1/R -1, Ajay Gupta, allowing the said complaint, was dismissed.

(2.) The facts of the care are that the complainant, Ajay Gupta booked two air tickets with OP/petitioner, Kuwait Airways Corporation through their agents/OP -2 and OP -3 for travelling from New Delhi to Frankfurt for himself and his wife on 13.4.2010. The complainant and his wife were to travel from Delhi to Frankfurt on 14.4.2010 and back from Frankfurt to Delhi on 18.4.2010 . A total sum of Rs.67,934/ - was spent on the purchase of the tickets. It has been alleged that when the complainant and his wife reached Frankfurt Airport on 18.4.2010 for their back journey, they came to know that the flight from Frankfurt to Delhi had been cancelled by the OP Airlines without any prior intimation to them. The complainant urged that the OP Airlines arranged alternative flights for other passengers, but the complainant and his wife had to stay in Germany unnecessarily for three more days and they had to spend a sum of 1200 euros for the said stay. The complainant and his wife purchased tickets from Gulf Airlines and they reached Delhi on 21.4.2010. They had to spend Rs.59,561/ - for the purchase of new tickets. The complainant, alleging unfair trade practice for not giving them prior intimation about the cancellation of the flight and then refusing to refund the amount of the tickets for the cancelled flight, filed the consumer complaint in question, seeking directions to the OPs to pay them a sum of Rs.33,967/ - as value of the cancelled tickets and also a sum of Rs.59,516/ - as cost of the alternative flight, alongwith compensation of Rs.2 lakhs for mental agony and also a sum of 1200 euros as their expenses for extra stay abroad.

(3.) In reply, the OP -1 Airlines stated that due to sudden volcanic eruption over the Frankfurt Airport on 16.4.2010, they had to cancel the flight under force majeure conditions. There was no deficiency in their part and the complaint should not have been allowed. The OP -1 stated that the confirmed tickets for 24.4.2010 were given to the complainant, after the Airport became functional.