(1.) WE intend to dispose of the above title three Revision Petitions by this order as the facts in all these cases are similar. These Revision Petitions have been filed against the orders dated 31.8.1995 passed by the State Consumer Disputes Redressal Commission, Tamil Nadu (for short State Commission).
(2.) THE facts are that the Respondents purchased Air India tickets from Air India's Agent-Speed Bird Travels Pvt. Ltd., Vellore for travel to Moscow and back. The Complainants were to leave India on 10.5.1992 for Moscow and return on 16.5.1992. The tickets were confirmed both ways. The Complainants had also obtained visas from Russian Consulate for stay in Russia from 10.5.1992 to 16.5.1992. The Respondent-Complainant left India by Air India Flight on 10.5.1992. The Opposite Party refused to accommodate them on the ground that they had come to Moscow on excursion fare and as per the rule they had to stay in Moscow for a minimum period of 10 days. Thus the Complainants were told that they could travel back to India only on 19.5.1992 even though they were having valid visas only upto 16.5.1992. Due to this action of the Opposite Party the Complainants had to over-stay in Moscow without valid visas and suffered mental pain and agony. They had to stay at a Hotel in Moscow upto 19.5.1992 spending 300 US$ per day and another 25 US$ per day for transport and incidental expenses from Moscow Airport to their hotel. The Complainants alleged deficiency in service on the part of the Opposite Party i.e. Air India and filed a compliant before the District Forum in Madras claiming Rs. 28,900/- being the amount spent by each Complainant in Moscow plus Rs. 2,00,000/- as compensation for mental pin, agony and hardship.
(3.) THE District Forum held that tickets issued to the Complainants was just like other ordinary tickets and it was nowhere mentioned on the tickets that those were issued on excursion fare basis. No rule was printed on the ticket that the Complainant had to stay for minimum period of 10 days in foreign country. Air India contended that its agent while issuing the ticket had committed mistake for which they were not liable. The District Forum rejected that contention on the ground that the Agent was not the agent of the Complainant but it was the agent of the opposite party itself and if the agent commits any mistake the principal is certainly liable for the same. It was also held by the District Forum that the Complainant had obtained visa for 6 days only and, therefore, the Opposite Party should have prevented the Complainants from travelling to Moscow on verifying the said tickets at Delhi itself as there was no visa for 10 days. Considering all these facts the District Forum was of the opinion that because the Complainants were refused accommodation on a flight on 16.5.1992 the Complainants had to suffer mentally as the visa was only for 6 days and the Complainants had also to spend a huge amount for their extended stay for lodging, transport etc. Therefore, the District Forum directed Air India to pay Rs. 28,900 to each of the Complainants, the amount which was actually spent by them and Rs. 10,000/- were awarded to each of the Complainants as compensation.