AIR FRANCE THROUGH COUNTRY MANAGER Vs. O P SRIVASTAVA MANAGING WORKER SAHARA INDIA PARIWAR SAHARA INDIA BHAWAN

JUDGEMENT

(1.) By this First Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), Air France, Opposite Party No.1 in the Complaint under the Act, calls in question the legality and correctness of the order dated 29.05.2008, passed by the U.P. State Consumer Disputes Redressal Commission at Lucknow (for short "the State Commission") in Complaint Case No. 74/SC/2003. By the impugned order, while allowing the Complaint, preferred by Respondents No.1 to 3 herein, the State Commission has directed the Appellant herein to pay to each of the three Complainants a sum of Rs. 6,30,000/-, totalling Rs. 18,90,000/-, with simple interest @ 10% p.a. within a period of one month from the date of the order, with a default stipulation of enhanced interest @ 15% p.a., on the said amount, if the same was not paid within the stipulated period.

(2.) On 05.11.2002, the Complainants, who were holding senior management positions in the Sahara Group of Companies, including Sahara Airlines, had booked their 'H' Class confirmed air tickets with the Appellant, through its Agent, Opposite Party No.2, based at Kanpur, Uttar Pradesh for journey to Paris to attend a business meeting. As per their travel itinerary, their departure from Delhi to Paris was on 06.11.2002 and return on 09.11.2002. Due to change in the schedule of the meeting, at Paris, for which the Complainants had gone to Paris, but for attending a meeting with the Officials of Government of India on 11.11.2002, on 08.11.2002 they requested for change of date of return journey from 09.11.2002 to 10.11.2002. The Complainants were issued three 'K' Class confirmed tickets from Appellant's Sales Office at Delhi for which change they were required to pay differential amount of Rs. 10,270/- per person. However, on 10.11.2002 they were not allowed to board Flight No. AF-148 at Charles De' Gaulle Airport at Paris due to over boarding. It was the say of the Complainants that they were subjected to humiliation and embarrassment by the staff of the Appellant. Their tickets were also not endorsed to travel by Air India Flight No. AI-146, departing on the same day at 1750 hours, for which the Appellant had provided them confirmed booking in the Economy Class. The Complainants had to stay at Paris at their own expenses. According to the Complainants, since valuable 24 hours were lost; they being Commercially Important Persons, (CIP), their every minute was precious for the Company; and in their absence, the schedule of meetings got disturbed, resulting in a monetary loss of Rs. 50,00,000/- to the Company as consequential business loss. Accordingly, on 28.12.2002, the Complainants got issued a legal notice to the Appellant for compensating them for the aforesaid loss, harassment and humiliation. In the said background, alleging deficiency in service on the part of the Appellant on the afore-noted counts, the aforesaid Complaint came to be filed before the Uttar Pradesh State Commission by the Complainants, praying for a direction to the Appellant to return to them the excess amount charged on tickets with 24% compound interest and a compensation of Rs. 50,00,000/- for the losses suffered by the Company and mental agony undergone by them.

(3.) Upon notice, both the Opposite Parties, viz. the Appellant and their Agent, filed their respective Written Versions, refuting the allegations levelled against them in the Complaint.