AIR INDIA LTD Vs. R NAGARAJAN

JUDGEMENT

(1.) M/s. Air India Ltd. against which an award has been passed by the District Forum, Chennai-South is the appellant. The Ist complainant Mr. Nagarajan is the father-in-law and the 2nd complainant is the son-in-law. The case of the complainants (respondents herein) is that on 27.5.95 the Ist complainant purchased two tickets from the opposite party for the Sector Madras-Kuwait with confirmed status for travel by the 2nd complainant and his wife i. e. the daughter of the 1st complainant, on 29.8.95. The tickets were issued with confirmed status 23 days in advance. The cost of the tickets was Rs.51,030/-. On the date of travel when the 2nd complainant and his wife went to the Airport they were offloaded with a sudden announcement that they could not be accommodated because of overbooking. According to the complainants, on account of this, they underwent great hardship, mental pain and suffering. The 2nd complainant who was a Chief Executive had to be in his company in Kuwait the next day and his wife who was a temporary teacher in a popular school there also should have been present there the next day; but they could not do so. On these allegations the complaint has been filed.

(2.) The opposite party contended that because of over-booking some of the passengers could not be accommodated and the 2nd complainant and his wife are two of them. Some such passengers preferred to go by the next flight and they were accommodated but the 2nd complainant and his wife refused to do so. However, they were sent in the flight the next day. In these circumstances, it cannot be said that there was any deficiency in service on their part and, therefore, the complaint is liable to be dismissed.

(3.) The District Forum, on consideration of the pleadings and evidence, came to the conclusion that there was deficiency in service on the part of the opposite party. On the quantum of compensation it held that the petitioners are entitled for a sum of Rs.51,030/-spent by them for the tickets for the flight in question, and for mental agony and pain they are entitled to Rs.10,000/-. An award was passed for these amounts. It also ordered costs of Rs.1000/-.