INDIAN AIR LINES Vs. ENGINEER CHANDER MOHAN KAURA

JUDGEMENT

(1.) This appeal is by Indian Air Lines challenging order of District Forum, Patiala dated December 24, 1996 directing the appellant to pay in lumpsum Rs.15,000/- inclusive of price of air ticket as well as compensation and costs to the complainant. Engineer Chander Mohan Kaura.

(2.) The question involved in this appeal is about deficiency in rendering service on the part of the Indian Air Lines in the matter of asking the complainant to purchase another ticket as the original had been lost to take journey in the same plane. Chander Mohan claimed compensation to the extent of Rs.15,000/- before the District Forum. The stand of the opposite party - Indian Air Lines being that original ticket was not available and no duplicate could be issued. There was no deficiency on their part as on return of original ticket the price could be paid back by any of the offices of the Indian Air Lines. Both the parties produced their evidence on affidavits and documents on the basis of which impugned order was passed.

(3.) Chander Mohan, respondent appeared in person on one of the dates of hearing i. e. June 2, 1997. Thereafter, he did not put in appearance. We have heard Counsel for the appellant. There is no dispute that the original ticket had been lost or misplaced and the complainant had to purchase another ticket and he availed the same seat and completed the journey. The question is as to whether there was deficiency in rendering service calling upon the complainant to purchase another ticket for the same journey. State Commission, Calcutta, in Commercial Manager, Indian Air Lines, Calcutta V/s. S. N. Mukherjee,1992 7 CPR 66, held that there was deficiency in rendering service asking the passenger to purchase duplicate air-ticket when the original had been lost. We are of the opinion with great respect to the President and Members of the State Commission, Calcutta that the view expressed therein is not correct. Without the air-ticket nobody could be allowed to board the plane and if the same had been misplaced and in the absence of any terms and conditions of the ticket or air rules and regulations of the Air Lines to issue duplicate ticket, it was incumbent upon the complainant to purchase another ticket to complete the journey. On that account, there was no question of any deficiency in rendering service on the part of Indian Air Lines.