ETHOPIAN AIRLINES Vs. NAVEEN SINGH GREWAL

JUDGEMENT

(1.) AS the facts of the case in these two Revision Petitions are similar and they emanate from the same common order passed by the State Commission, we propose to hear them together and pass a common order.

(2.) FOR the sake of simplicity we will refer the case of Shri Harpreet Singh Giani. Shri Giani had purchased a return air ticket from M/s. Ethopian Airlines through its agent M/s. Paul Merchants Ltd. for New Delhi -Peking (Beijing), New Delhi. He was invited to present papers at the Biennial Conference of the Pacific Basin Consortium, Peking University, Beijing (China).

(3.) THE dispute relates to the return journey from Beijing to New Delhi. Shri Giani reached Beijing airport at 17.25 p.m. on 1.11.2007 and was shocked to know from the official at check -in -counter of M/s. Ethopian Airlines that the route of the flight had been changed and the aeroplane would fly directly from Beijing to Addis Ababa as there were not enough passengers for disembarking at New Delhi. When Shri Giani and other passengers protested, the duty manager of the airline consented to provide alternative seats on Air China flight for 2.11.2007 and also provided a room and meal in the hotel during the period of delay subject to getting necessary endorsement on the ticket for transfer to other Airline from Beijing city which was more than an hour's drive costing about 100 Yuan as taxi fare. However, on reaching the hotel they expressed their inability to either provide separate room or separate meal. He hired a taxi and reached the office of Ethopian Airlines office in the city, which provided endorsement enabling him to fly to India by late evening flight. He had to waste the train ticket already booked for the journey from New Delhi to Chandigarh. He had to appear in large number of cases in the Punjab and Haryana High Court on 2.11.2007 and also as the insurance cover had elapsed, he remained without protection of the coverage. Further in China Airlines, he was allowed a baggage of only 20 kgs. as against 40 kgs. in Ethopian Airlines. Accordingly he had to discard a number of his belongings and gifts in order to avoid excess baggage charges.