JET AIRWAYS (INDIA) LTD Vs. ETHELWAD O MENDES

JUDGEMENT

(1.) This first appeal has been filed under section 19, read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 14.06.2012, passed by the Goa State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in consumer complaint No. 06/2010, vide which, the said complaint filed by the present respondent was allowed and the appellant Jet Airways (India) Limited were directed to provide compensation to the complainant for the alleged deficiency in service made by them.

(2.) Briefly stated, the facts of the case are that the complainant Ethelwald O. Mendes, who is a practising Advocate, purchased air tickets from an agent M/s. Trade Wings Limited for himself, his wife, daughter and son (4 persons) to travel to Toronto, Canada from Mumbai via London-Heathrow by Jet Airways flight, having arrangements for code-sharing with the Air Canada etc. The journeys were to be performed between 10.05.2008 to 15.06.2008. It is stated that the complainant alongwith his family travelled by Jet Airways flight, 9W 0118 from Mumbai to London and then, on code-sharing flight AC 0859 of Air Canada from London to Toronto. The complainant had booked six pieces of checked-in baggage for the said travel, but on his arrival at Toronto at about 22:00 hrs, the complainant found that his baggage had not arrived. He lodged a complaint with Air Canada, whereupon he was informed that the baggage had not been loaded on the flight from London to Toronto and the said baggage would arrive by the next flight from London to Toronto and would be delivered to their holiday address at Scarborough, Toronto, the next day. It is alleged that the baggage was delivered to them after 3 days. The complainant and his family members had to undergo a lot of inconvenience as their personal effects, including essential items were all in the checked-in baggage. Moreover, they had to purchase clothes and toiletries etc. in emergency. The complainant and his family spent approximately 592.43 Canadian dollars on the purchase of clothes and another 43.04 Canadian dollars for snacks and refreshment. The Airline agreed to provide them only 100 US$ and that money was also to be given at the address in India. The complainant has alleged that during those three days, they were unable to go anywhere and enjoy their holidays, because they did not have any change of clothes etc.

(3.) The complainant further stated that on their return journey on 31.05.2008, the Air Canada flight was to depart at 0800 hrs. from Toronto for London. They were given the boarding passes without seat numbers at Toronto Airport. However, when they reached the embarkment gate after going through the security check, they were told that the said flight of Air Canada was overbooked and hence, they could not be accommodated in the same. They were made to travel by Air Lufthansa flight to Heathrow London via Frankfurt on the next date, i.e., on 01.06.2008 and that also in the evening at 18:00 hrs. They were given some vouchers for refreshment etc. but the same were inadequate. The complainant has stated that since they were late in arriving at London, their relative who was a Doctor in Nottingham, could not come to