SANTOSH KUMARI Vs. BRITISH AIRWAYS

JUDGEMENT

(1.) THIS appeal has been directed by complainants against order dated 3. 8. 2006 passed by Consumer Disputes Redressal Forum-I, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which their complaint was accepted against respondent No. 2-Janta Travels Pvt. Ltd. and it was directed to pay Rs. 97,344 as air fare of appellants from Atlanta to Delhi by Air France. It was further directed to pay compensation of Rs. 20,000 for mental agony and harassment along with litigation costs of Rs. 1,100. The said amount was to be paid within 30 days from the receipt of order, failing which amount would carry interest @ 7% p. a. from the date of order till actual payment. However, complaint against British Airways-respondent No. 1 and Nijhawan Travel Services Pvt. Ltd. respondent No. 3 was dismissed.

(2.) BRIEFLY stated the facts are that the appellants (complainants) purchased two air tickets Annexures C-A and B of British Airways through respondent No. 2 Janta Travels Pvt. Ltd. for journey from Delhi to Atlanta and return, valid for six months from the date of outward journey i. e. 22. 3. 2002 and return on 18. 9. 2002 on the assurance of OK and confirmed reservation and trouble free journey. A printout of the computerized confirmation both ways with date Reference No. BA/r 6e 761 dated 26. 2. 2002 was issued to appellants. The British Airways computer reference No. PNR also showing confirmed reservation was provided for reference and use at the time of check-in and any other difficulty during travel vide Annexure C-C.

(3.) IT was next averred that after reaching Atlanta (USA), appellants contacted British Airways officials on phone in April, 2002 who once again confirmed OK status of the tickets and reservation for return journey from Atlanta to Delhi on 18. 9. 2002. However, at the time of reconfirming the return journey on 18. 9. 2002, British Airways told that the confirmation had been cancelled as the tickets were invalid because of non-adherence of the minimum of 3 hours of connecting time between arrival at Gatwick and departure from Heathrow Airports, both being London Air terminals, due to which they suffered stress, mental agony and torture.