LAWS(NCD)-2008-7-77

INDIAN AIRLINES LTD Vs. TRAVLINX TRAVELS PVT LTD

Decided On July 09, 2008
INDIAN AIRLINES LTD Appellant
V/S
TRAVLINX TRAVELS PVT LTD Respondents

JUDGEMENT

(1.) -PETITIONER was the opposite party before the District Forum where the respondent No. 3, Mr. R. P. Singh (since deceased) had filed a complaint alleging deficiency in service on the part of the petitioner and respondent Nos. 1 and 2.

(2.) VERY briefly stated, the facts leading to filing of complaint are, that the respondent No. 3 who was an employee of the Bank, with a view to utilize his Leave Travel Concession facility decided to go to Leh for vacation for which he booked tickets for himself and other family members from Jammu to Leh through the authorized agent of the petitioner Indian Airlines. The complainant and his family reached Jammu by road and then contacted the Airlines on 26/6/2000 to catch the Jammu-Leh flight. They were told that their tickets had been cancelled on instructions from the agent. As per the complainant, the matter was taken upon with the Station Manager and other authorities but nothing could be done. The matter was again taken up with the travel agent as also the petitioner. But when nothing came out of this effort, a complaint was filed before the District Forum wherein only petitioner who was opposite party No. 3 appeared and argued the case. The respondent Nos. 1 and 2 before us remained ex parte. The District Forum after going through the material, and hearing the petitioner, allowed the complaint wherein the opposite parties were directed to refund cost of the tickets along with the interest @ 8% p. a. from 2/5/2000 till the date of its refund i. e. 23/10/2000, this being the date of payment made by the O. Ps. The opposite parties were also directed to pay Rs. 60,000. 00 as compensation to the legal heirs and successors to the complainant along with cost of Rs. 3,000. This payment was to be made within 2 months from the date of receipt of order, failing which it shall carry interest @ 8% p. a. on the aforesaid amount of Rs. 60,000. 00.

(3.) AGGRIEVED by this order, the petitioner alone filed an appeal before the State Commission who after hearing the parties i. e. the petitioner and the complainant, and perusal of material on record, dismissed the appeal with cost of Rs. 250. 00. Hence, this revision petition before us.