KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHPAURAM Common order in Appeal Nos.1116/01 and 314/02 Judgment dated:17.5.08 Appeal filed against the order passed by CDRF, Thiruvananthpauram in OP.283/99 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.S.CHANDRAMOHAN NAIR : MEMBER Appeal No.1116/01 1. Air India Ltd., represented by the : APPELLANTS Commercial Manager, Air India Office, Vellayambalam, Thiruvananthpauram. 2. Manager, Passenger Relations, Air India, Air India Building, Nariman Point, Mumbai. 3. Manager, (Admn) Air India Ltd., Air India Office, Vellayambalam, Thiruvananthpauram. (By Adv.C.J.Simon) Vs Mohan.K.Varughese, : RESPONDENT Kuzhimuriyil House, Prakkanam.P.O., (Via elanthoor), Pathanamthitta, Pin – 689 643. By Adv.Sandeep T.George) Appeal No.314/02 Mohan.K.Varughese, : APPELLANT Kuzhimuriyil House, Prakkanam.P.O., Kozhenchery Taluk, Pathanamthitta, Represented by the Power of Attorney Holder Mathews Varughese -do- Vs. 1. Air India Ltd., represented by the : RESPONDENTS Managing Director, Air India, Air India Building, Nariman Point, Mumbai. 2. The Manager, Passenger Relations, Air India, Air India Building, Nariman Point, Mumbai. 400 021. 3. The Sr. Manager, (Admn) Air India Building, Museum Road, Thiruvananthpauram. Pin 695033. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT Both the appeals are filed with respect to the order in OP.283/99 in the file of CDRF, Thiruvananthapuram. The appellants in Appeal 1116/01 are the opposite parties and under orders to pay a sum of Rs.50000/- as compensation with interest at 12% from the date of the order and also to pay cost of Rs.1000/-. 2. The case of the complainant that he was working as an Engineer in an Oil Company in Libiya is that he had confirmed return air ticket from Thiruvananthpauram to Malta with stop over and change of flight at Dubai. He had to report at his place of work which he could have done only if he had traveled with the above ticket. The confirmation return ticket from Air Malta from Tripoly, Libiya was to travel from Thiruvananthapuram to Bombay on 23rd January 1998 and Bombay to Dubai on 24th January 1998 and from Dubai to Malta in KM 1853 flight on 25.1.98. The above air ticket was endorsed by Air Malta to Air India on 31.12.97 for the sector from Thiruvananthapuram-Bombay-Dubai. The above sector from Trivandrum to Bombay and Dubai was altered to Trivandrum to Dubai straight as per flight AI .971 to be operated on 24.1.98 and there from to Malta on 25.1.98 by KM. 1853 flight. But when the ticket was produced at air India office at Thiruvananthapuram on 22.1.98 for reconfirmation the flight from Dubai to Malta was reconfirmed in Flight KM.857 instead of in KM1853. The same was done with ulterior motives as there was no such a flight as KM. 857 operating on that day from Dubai to Malta. The complainant boarded the flight on 24.1.98. But he was made to offload by the Air India authorities showing him the photocopy of a computer print out that KM 857 Malta flight is not operating on that day. In fact the complainant had a confirmed ticket in flight KM 1853 and the same operated as per schedule. KM857 had no such schedule to fly from Dubai to Malta. The colleagues of the complainant had travelled from Bombay to Dubai had traveled in KM 1853 flight on the same day ie on 25.1.98. It is after much efforts that he could fly and reach Libya on 31.1.98. As the consequence of late arrival he was served with a warning and as per in the prevailing provisions 2.5 times of his salary was reduced as deducted ie 17.5 days of salary. 3. On the other hand the opposite parties have contended that the complainant is bad for non joinder of Air Malta which establishment, according to them has caused the problems in the matter. It is their case that when the complainant came to the Air India office for the confirmation there is a sticker affixed on the original ticket coupon changing the flight No. to KM.857 ie altering the travel from KM 1853 to KM 857. It is thus that the message was convey to Air Malta for reconfirmation in KM 857 and the reply received was that KM857 is not operating on 25th, the date of travel and that the passenger has been rebooked to travel in KM1853 on the same date. Another message was received on the next day ie 23.1.98 that it is not possible to confirm the booking in KM 1853. It was thus that the airport staff was instructed to off-load the passenger. It is admitted that it was an oversight that the reason is mentioned as non operation of KM 857. If any action lies it should be against Air Malta. It is also contended that no documentary evidence has been adduced to establish the alleged loss 4. The evidence adduced consisted of the testimony of PW1 and DWs 1 and 2 Exts.P1 to P16; D1 to D3. 5. We find that it is in response to Ext.D1 letter dtd. 5.2.98 issued by the complainant that the opposite parties have issued Ext.P10 reply dated 18.12.98, apologising for the inconvenience caused. It is mentioned in Ext.P10 the same reasons as mentioned in the version. But in the version filed it is mentioned that by a oversight on the part of the concerned staff of Air India the reason for off-loading the complainant from Trivandrum to Dubai flight was noted in the message sent to airport as non operation of the Dubai-Malta flight ie KM 857. The complainant has produced Ext.P11 letter from Air Malta wherein it is mentioned that the flight concerned had operated as per normal schedule and that seats were also available. It is also mentioned in P11 that the copies of telexes by the complainant from Air India were not sent by Air Malta. 6. It is also seen, as pointed out as the counsel for the complainant/appellant in Appeal 314/02, that the case that there was sticker with the original ticket changing the flight from KM 1853 to flight KM 857 when the complainant approached Air India for confirmation on 22.1.98, is raised for the first time in the version. The complainant has totally denied that there was any such sticker changing the flight to KM 857. It has come out in evidence that KM857 flight did not operate on the particular date at all and there was no such schedule for KM857. Apart from the recital for the version and in the interested testimony of the witnesses of the opposite parties there is nothing to show that there was a sticker on the flight ticket. Further we find that there was no occasion for affixing such a sticker as such as flight ie KM 857 never operated on that day nor it had such a schedule. Had the complainant travelled on the particular date to Dubai he could have boarded KM 1853 flight. Evidently absolute callousness negligence of the Air India staff is the reason for off-loading the complainant at the 11th hour without affording him even breathing time to ascertain the facts. In the circumstances, we find no reason to interfere in the finding of the Forum that the complainant could not travel on the particular date only on account of the negligence on the part of the staff of Air India. In fact the matter calls for an enquiry at the instance of the top echelous of Air India. 7. The contention that Air Malta is a necessary party and in the absence of Air Malta in the party array the complaint is not maintainable has no merits as the default was committed by the staff of Air India. 8. So for the claim in Appeal 314/02 filed by the complainant that he is entitled for enhanced compensation is not supported by any objective evidence, as noted by the Forum below. In Ext.D1 letter he had claimed only 1000 US dollars as compensation. He has enhanced the same to 4.5 lakhs when the complaint has been filed. No objective evidence has been produced to establish that 17.5 days salary was deducted and that he was administered a warning. We find that the compensation awarded by the Forum is reasonable in the circumstance. In the result the decision for the Forum is confirmed and both the appeals, ie 1116/01 and 314/02 are dismissed. The complainant/ respondent in Appeal 1116/01 will be entitled for cost of Rs.2000/- in the appeal. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.S.CHANDRAMOHAN NAIR : MEMBER
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
