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CHANDIGARH CONSUMER DISPUTES REDRESSAL COMMISSION
K.C. Gupta, President, Maj. Gen. S.P. Kapoor and Devinderjit Dhatt, Members
SANTOSH KUMARI AND ANR. - Appellants
Versus
BRITISH AIRWAYS AND ORS. - Respondents
Appeal Case No. 26 of 2007
Decided on : 09-08-2007
Party in Person, for the Appellant; Mr. Randhir Singh, Advocate proxy for Mr. M. Wadhwani, Advocate, Mr. Vaneesh Khanna, Advocate, for the Respondent
The judgment establishes the liability of service providers for deficiency in service, leading to mental agony and financial loss for the consumers.
Headnote:
Consumer Dispute - Air Travel - [Consumer Protection Act, 1986 - Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(g), Section 2(1)(o), Section 2(1)(r)] - The court found that there was deficiency in service on the part of British Airways and its agent, Nijhawan Travels Service Pvt. Ltd. The court held them guilty of deficiency in service and directed them to pay airfare and compensation to the appellants. The court also established the jurisdiction of the District Consumer Forum to try the complaint due to the part of the cause of action arising at Chandigarh.
Fact of the Case:
The appellants purchased air tickets for a journey from Delhi to Atlanta and return, but faced issues with the confirmation of their return journey, leading to mental agony and financial loss. They filed a complaint alleging deficiency in service.
Finding of the Court:
The court found British Airways and Nijhawan Travels Service Pvt. Ltd. guilty of deficiency in service and directed them to pay airfare and compensation to the appellants.
Issues: The main issue was the deficiency in service by the airline and its agent, leading to mental agony and financial loss for the appellants.
Ratio Decidendi: The court established the liability of the airline and its agent for the deficiency in service, based on the confirmed status of the tickets and the mental agony and financial loss suffered by the appellants.
Final Decision: The court directed British Airways and Nijhawan Travels Service Pvt. Ltd. to pay airfare and compensation to the appellants, holding them guilty of deficiency in service.
ORDER
K.C. Gupta, President - This appeal has been directed by complainants against order dated 3.8.2006 passed by Consumer Disputes Redressal Forum-I, U.T.Chandigarh (hereinafter to be referred as District Consumer Forum), vide which their complaint was accepted against respondent No. 2-Janta Travels Pvt. Ltd. and it was directed to pay Rs. 97,344 as air fare of appellants from Atlanta to Delhi by Air France. It was further directed to pay compensation of Rs. 20,000 for mental agony and harassment along with litigation costs of Rs. 1,100 . The said amount was to be paid within 30 days from the receipt of order, failing which amount would carry interest @ 7% p.a. from the date of order till actual payment. However, complaint against British Airways-respondent No. 1 and Nijhawan Travel Services Pvt. Ltd. respondent No. 3 was dismissed.
2. Briefly stated the facts are that the appellants (complainants) purchased two air tickets Annexures C-A and B of British Airways through respondent No. 2 Janta Travels Pvt. Ltd. for journey from Delhi to Atlanta and return, valid for six months from the date of outward journey i.e. 22.3.2002 and return on 18.9.2002 on the assurance of OK and confirmed reservation and trouble free journey. A printout of the computerized confirmation both ways with date Reference No. BA/R 6E 761 dated 26.2.2002 was issued to appellants. The British Airways computer reference No. PNR also showing confirmed reservation was provided for reference and use at the time of check-in and any other difficulty during travel vide Annexure C-C.
3. It was next averred that after reaching Atlanta (USA), appellants contacted British Airways officials on phone in April, 2002 who once again confirmed OK status of the tickets and reservation for return journey from Atlanta to Delhi on 18.9.2002. However, at the time of reconfirming the return journey on 18.9.2002, British Airways told that the confirmation had been cancelled as the tickets were invalid because of non-adherence of the minimum of 3 hours of connecting time between arrival at Gatwick and departure from Heathrow Airports, both being London Air terminals, due to which they suffered stress, mental agony and torture.
4. It was further averred that appellants approached British Airways ,Atlanta and Indian agent but they showed their inability to do anything. As such being left with no other alternative, they purchased fresh tickets on 14.10.2002 after arranging funds from Air France at a cost of 2080 US Dollars amounting to Rs. 97,344 at exchange rate of Rs. 46.80 per dollar. They on reaching India took up the matter with British Airways on 17.2.2003 for refund and compensation but they refused to do so.
5. Alleging deficiency in service, the complaint was filed.
6. Respondent No. 2-Janta Travels Pvt. Ltd. did not appear despite service, hence, it was proceeded against ex parte.
7. Respondent No. 1(British Airways) and respondent No. 3 (Nijhawan Travel Services Pvt. Ltd. appeared and filed written replies. Respondent No. 1 took one preliminary objection ; that the Forum had no territorial jurisdiction to entertain the complaint against it. On merits, the purchase of tickets by appellants was admitted. However, it submitted that Janta Travels Pvt. Ltd. was not its agent through whom appellants had purchased tickets and got reservation of seats and they never came in direct contact of respondent Nos. 1 and 3. It next stated that the tickets so purchased were given confirmed booking from Delhi-London-Atlanta sector but for reverse sector, the tickets were open and somebody unauthorizedly had pasted sticker showing confirmed reservation for the reverse sector which was apparent as the sticker was not stamped by the agency which pasted the sticker and if confirmed seats had been granted at the time of purchase of tickets, same would have been typed on the tickets like that from Delhi-London-Atlanta. The tickets held by appellants continued to remain open tickets in the record of resp
