IMPORTANT POINT
Travel documents must be verified by Airlines before issuance of ticket.

B.C. Gupta, Member—This single order shall dispose of two revision petitions as detailed in the head-note above and a copy of the same may be placed in each file.

2. These two revision petitions are concerning the consumer complaint filed by Dr. Rabindra Nath Pati who had planned to travel by British Airways from India to Philadelphia, USA and back and purchased air ticket for the said travel from Swosti Travels. The petitions have been filed against the impugned order dated 26.12.2007, passed by the Orissa State Consumer Disputes Redressal Commission (for short ‘the State Commission’) in FA No. 287/2006, “British Airways versus Rabindra Nath Pati and Anr.” and FA No. 568/2006 “Rabindra Nath Pati versus M/s. Swosti Travels & Anr.” These appeals were made against the order dated 07.02.2006 passed by the District Forum, Khurda, Bhubaneswar, Orissa in Consumer Complaint No. 348/2004, filed by Dr. Rabindra Nath Pati complainant against Swosti Travels and British Airways.

3. The facts of the case are that the complainant Rabindra Nath Pati was invited by Penn State University, Pennsylvania, United States of America to attend the Indigenous Knowledge Conference – 2004 which was to take place from May 27 to 29, 2004 in USA. He applied for getting a visa to the US Consulate at Kolkata, indicating that he wanted to stay in USA for two weeks. He purchased ticket for his travel from M/s. Swosti Travels (OP No. 1) for flying in British Airways ‘to and fro’ flight on payment of Rs.62,992/-. He proceeded from New Delhi to USA on 24.05.2004 by British Airways flight. According to the complainant, his visa was valid upto six months as a short-term scholar. After completion of the programme in USA, he came to Philadelphia airport on 22.06.2004 to board the British Airways flight to come back to India. However, the British Airways did not permit him to board the Aircraft on the ground that his Visa for stay in USA stood expired on 29.05.2004 and since he had no valid visa for stay in USA, he was supposed to obtain a transit visa for flying through U.K. The complainant, having been denied by the British Airways to board the flight, requested for refund of the balance cost of the ticket, so as to enable him to purchase another ticket in some other airlines, where such transit visa was not required. The British Airways, however, replied that the refund could be given only at the place of booking in India. The complainant had to stay in USA for more time and according to him, he had to borrow money from some friends as well as spend from his own sources. He purchased the return ticket by Alitalia Flight and reached India on 17.07.2004. In the meantime, he even tried to get a transit visa from the British Consulate in USA, but the said visa was refused by the British Consulate General vide their letter dated 14.07.2004. The complainant then filed the consumer complaint in question demanding a sum of Rs.14.49 lacs as compensation. The District Forum vide order dated 07.02.2005 allowed the complaint and directed the British Airways to refund the cost of return ticket, i.e., Rs.31,496/- and a sum of Rs.50,000/- for cost of living from 22.06.2004 to 16.07.2004 in USA and in addition, to pay another sum of Rs.50,000/- towards mental agony and Rs.2,000/- as litigation expenses. Against this order, two appeals, as detailed above, were filed before the State Commission – one by M/s. British Airways and the other by the complainant, Dr. Rabindra Nath Pati. Vide impugned order, the State Commission modified the order passed by the District Forum and directed the British Airways to pay a total sum of Rs.72,896/- to the complainant by 28.02.2008. The said sum included the balance price of the return ticket amounting to Rs.31,496/- and the price of the ticket for Alitalia Airways amounting to Rs.41,400/-. It is against this order that the present revision petitions have been filed.

4. At the time of hearing before us, the learned counsel for M/s. British