LAWS(NCD)-2019-8-10

YAHOO TOUR AND TRAVELS Vs. AKASH LALWANI

Decided On August 07, 2019
Yahoo Tour And Travels Appellant
V/S
Akash Lalwani Respondents

JUDGEMENT

(1.) No one is present for Jet Airways India Ltd. petitioner in RP/2094/2015 despite notice having been served upon its Counsel Mr. Nitin Kumar Gupta. Vakalatnama in favour of Mr. Nitin Kumar Gupta is on record and has not been withdrawn. I have, therefore, heard the learned counsel for the petitioners in RP/1433-1434/2015 and have also heard the learned counsel for the complainant.

(2.) The complainant in these matters, Dr. Akash Lalwani who is a doctor by profession, booked an air ticket through M/s Yahoo Tour and Travels, on Jet Airways Flight No. S-2 3822 from Raipur to Kolkata. The said flight was to depart at 9.25 p.m. on 9.6.2012. The flight, however, was combined with another flight bearing No. S-2 3509 and the combined flight left Raipur at 10.40 a.m. on 9.6.2012. Thus the flight left more than 10 hours before the scheduled time of departure, recorded in the ticket issued to the complainant. When the complainant reached the airport, he came to know that the flight had already left in the morning. As a result, he could not appear in an examination in which he was to appear at 9.00 a.m. on 10.6.2012 at Kolkata. Being aggrieved, he approached the concerned District Forum by way of a consumer complaint claiming compensation under several heads, aggregating to Rs.1138432/-.

(3.) The complaint was contested by both Jet Airways India Ltd. and Yahoo Tour and Travels. In its written version, Jet Airways India Ltd. interalia stated that flight No.S-2 3822 was combined with flight No. S-2 3509 for commercial reasons and this was duly intimated to Yatra Online Pvt. Ltd. It was also alleged that Yatra Online Pvt. Ltd. was also informed in this regard by the call centre of Jet Airways India Ltd., but it had failed to inform the complainant with respect to the change in the schedule, though they had received intimation from Jet Airways India Ltd. on 6.6.2012.