AIR INDIA Vs. PRAKASH SINGH

JUDGEMENT

(1.) -IT is the say of the complainants Shri and Smt. Prakash Singh that they had obtained tickets through their authorised agents M/s. Globe Trotter Pvt. Ltd. for their journey from Delhi-Hong Kong-USA-Seoul-Singapore and back to Delhi. For the return journey they had confirmed booking with Air India in flight No. 411 on June 3, 2002 for the Singapore-Delhi sector which they have decided to prepone to June 2, 2002. Accordingly, Shri Mahendra Singh, nephew of complainant No. 1 contacted the office of Air India at Singapore for this preponement, but no request was made for the cancellation of the bookings of 3rd June, 2002. The complainants on their return journey after reaching Singapore on May 27, 2002 made persistent efforts on 28th and 29th May to contact the office of Air India but every time a taped voice was heard stating that all the operators were busy. Their efforts to contact Mr. Sen Gupta, the senior-most officer of Air India was in vain. On 29th May, 2002 the complainants left for Bali Islands and returned on 1st June, 2002. Soon after they contacted Air India office regarding their seats for 2nd June, 2002 and were told that as the seats were not reconfirmed they have been automatically cancelled by a system on 31st May, 2002 itself and further that seats for June 3, 2002 were also cancelled by their representative Mahendra Singh. Air India refused to accommodate them on the flight of June 2nd and forced them to upgrade their tickets from V to L class after charging Singapore $ 234 which was paid as there was no alternative. It is alleged by complainants that by cancelling their seats of June 2, 2002 Air India has acted in a negligent manner and this has been done without intimation. Accordingly, they prayed for direction to the District Forum for refund of this sum.

(2.) THE case was contested by Air India and it was submitted that as the passengers are in habit of changing their dates of journey and in order to give transparency in bookings and cancellations/reconfirmations of the seats is a routine practice followed by them and by the airline industry. They further submitted that the representative of the complainant was told to reconfirm the seats 72 hours before the date of journey and as no such request was received the tickets were automatically cancelled on 31. 5. 2002 for 2nd June, 2002 and seats for 3rd June, 2002 were cancelled by the complainants' representative earlier. Accordingly, they had to charge additional sum for upgradation for the journey.

(3.) THE District Forum held that there is no authority of law with the Air India to cancel a booking if not reconfirmed automatically and therefore, not providing the seats to the complainants on 2nd June, 2002 is a deficiency in service. The District Forum directed the Air India to pay the complainants a sum of Indian rupee equivalent Singapore $ 234 at the rate prevailing on the date of their order dated 27. 11. 2004 along with 9% interest from 1. 8. 2002 till realisation with cost of Rs. 2,000.