INDIAN AIRLINES Vs. MASRAT ISLAM SOHRAWARDY

JUDGEMENT

(1.) -THROUGH the medium of this appeal order dated 29. 8. 2005 passed by the learned Divisional Consumers Protection Forum, Srinagar (hereinafter to be referred to as the Forum) has been challenged. The brief facts of the case are that respondent No. 1 was going to be married in Jammu on 2. 10. 2001 and the reception of "barat" was fixed at 2. 30 p. m. at Jammu Airport. On 25. 9. 2001, the father of respondent Nos. 1 and 2 had purchased three OK air tickets for respondent Nos. 1, 2 and 3 and the sellers who were respondent Nos. 4 and 5 are the travel agents of the appellant (Indian Airlines ). The scheduled departure of the air flight for 2. 10. 2001 from Srinagar to Jammu was at 12. 45 p. m. and respondent Nos. 1 to 3 had reached at the Customers Counter in the airport premises at 11. 45 a. m. and presented their tickets for getting the respective boarding cards. The dealing assistant told them that plane was already full with passengers and for that reason boarding cards could not be issued. Respondent Nos. 1 to 3 entered into heated arguments with him by emphasizing the point that a boarding card to emplane the aircraft could not be legally with-held from a customer who has the status of a confirmed traveller on the basis of OK ticket. The dealing assistant took their tickets for showing them to his immediate superior who was sitting in a room inside the airport building and after having some consultations with him informed them that there was no space left in the aircraft because some VIP passengers had been accommodated in the flight on account of a bomb blast which was caused on 1. 10. 2001 in the Assembly building. He extended an offer that they would be accommodated for the next day's flight. When the scheduled flight reached Jammu airport without carrying respondent Nos. 1, 2 and 3, the family members of the bride along with their relatives who had collected there to receive them became panicky and contacted the father of respondent Nos. 1 and 2 at Srinagar who too became panicky and immediately rushed to the airport Srinagar but was denied the entry inside the building premises.

(2.) DURING this hour of trial and tribulation there occurred a Divine intervention as Srinagar to Delhi bound direct air flight of Jet Airways was reconnected via Jammu. Respondent Nos. 1 to 3 with great persuasion and at the mercy of the staff members of the Jet Airways at spot succeeded in purchasing three executive class tickets at the price of Rs. 2,300 each as against air fare payable for one ticket in the economy class at Rs. 1,395. Respondent Nos. 1 to 3 were short of cash amount so they got refund of Rs. 4,185 against the price of five purchased returned tickets from Jammu to Srinagar for 3. 10. 2001 in the sum of Rs. 4,485. The difference of Rs. 2,715 towards the total cost of Rs. 6,900 of three executive class tickets was paid by respondent Nos. 1 to 3 from their pocket vide receipt No. 0589514148149750. The fare of the three tickets received by the appellant for travelling from Srinagar to Jammu was not returned. The bridegroom's in-laws at Jammu had spent huge amount totalling to the amount of Rs. 2. 00 lakhs to receive the "baratis" for the solemnization of the marriage and had the Jet Airways flight not taken off at 3. 30 p. m. and reached at 4. 00 p. m. in Jammu the whole amount would have gone into drain and their status as well as the status of the respondents and their family members would have gone down in the eyes of the public. The mother of respondent Nos. 1 and 2 is a chronic diabetic patient and had gone into shock after hearing the news that Indian Airlines flight had reached Jammu without bridegroom and the "baratis" but when she learnt that at 4. 00 p. m. they had reached there she recovered from the shock. The non-availability of the travel facility by the appellants was not justified but it was done in an arbitrary manner and that caused mental and physical harassment to respondent Nos. 1 and 2 and their relations as well as to family members. Besides incurring financial loss for paying more amount in order to get accommodated in the executive class mental torture was caused to them. Respondent Nos. 1 to 3 had claimed refund of the actual air fare paid by them from Srinagar to Jammu in the amount of Rs. 4,485 which included the payment of difference which the appellants had illegally with held by adjusting the amount with the Jet Airways as well as refund of Rs. 2,715 which amount in cash was paid by them along with compensation for mental agony, injury and inconvenience to the tune of Rs. 2,07,200 The Forum after appraising the evidence directed the appellants to make the payment of Rs. 7,200 as fare from Srinagar to Jammu (Rs. 4,485 + Rs. 2,715 ). Besides that, compensation for causing mental agony, injury and inconvenience was awarded in the amount of Rs. 50,000. Direction was given to the appellants to make the payment within one month failing which interest @ 6% was made available.

(3.) THE order has been challenged on the following grounds: