RADHEY SHYAM SHARMA Vs. GULF AIR

JUDGEMENT

(1.) Brief facts of the case are that Mr. Radhey Shyam Sharma, complainant, is a qualified Engineer and he was sponsored by Al Dilly Tour and Travels Agency (UAE), Al Fujairah. He obtained a visitors visa and purchased a return ticket dated 7.9.1993 from the Gulf Air, hereinafter referred to as the opposite party. The complainant arrived at Al Fujairah (UAE) on 9.11.1993. It was discovered that the ticket issued by the opposite party at New Delhi had no coupon for the return flight from Al Fujairah to Muscat on way to New Delhi. He handed over his passport and return ticket to the Agency which had sponsored him to get the needful done. In January, 1994 the Sponsoring Agency produced the aforesaid ticket at the opposite party's office at Al Fujairah. The opposite party, however, failed to return the ticket alongwith the necessary coupon from Al Fujairah to Muscat. The visitors visa expired on 16.2.1994. The complainant was unable to undertake the return journey in the absence of the aforesaid ticket. He was also without a job ever since his arrival in UAE. For over stay after the expiry of the visitors visa, he was taken into custody by the police and remained in jail besides a fine of 700 DH. According to the complainant, the above problems arose because of failure of opposite party to have issued an incomplete return ticket in the first place and to have failed to issue the necessary coupon from Al Fujairah to Muscat within a reasonable time forcing the complainant to over stay his visitors visa resulting in his prosecution conviction and sentence in jail. The above course of events completely broke the complainant and he had no source to turn for help. The return ticket was supplied by the opposite party only on 7.8.1994. The said ticket was again found to be incorrectly prepared and the correct ticket was provided on 1.9.1994 when the complainant travelled back. Legal notice dated 6.9.1994 was got issued by the complainant and the present complaint instituted on 17.10.1994 claiming 1,70,000 DH equivalent to Rs.14.45 lacs (1 DH being Rs.8.05) at the rate of Foreign Exchange at the relevant time) alongwith interest @ 24%.

(2.) In the written version filed by the opposite party, it was stated that the complainant reported the loss of the coupon from Al Fujairah to Muscat on 18.1.1994. Immediately the General Sales Agent (GSA) took up the case for permission of the Competent Authority located at Bahrain. The permission having been received, the coupon in relation to the lost coupon was prepared and was ready to be issued on 20th January, 1994 within two days of the report of loss. The complainant, however, did not collect the said coupon and the same could not be delivered to him as he had not left any con tact address. Again in the second week of February, 1994, someone on behalf of the complainant contacted the District Sales Manager to issue a ticket in relation to the lost coupon without disclosing the background including the report made earlier on 18.1.1994. The District Sales Manager obtained fresh authorisation and the ticket was ready for being delivered on 13.2.1994 but the same again remained unutilised.

(3.) A third time, the opposite party's office was contacted on 10.8.1994 and finally the ticket issued on 23.8.1994 was delivered to the complainant and he returned on 1.9.1994.