21/10/2014

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This Appeal is directed against the judgment and order passed by Learned District Forum, Kolkata, Unit-I in case no.CC 93 of 2010 allowing the complaint with the direction to the OP to pay the Complainant a sum of Rs.28,712/- being the loss suffered by the Complainant and pay compensation of Rs.10,000/- and litigation cost of Rs.5000/- within 45 days from the date of order failing which an interest @ 10% p.a. shall accrue on the entire amount till full realisation. 

            The case of the Complainants/Respondents, in short, is that they purchased two air ticket coupons in their names from the Respondent for the air travel from Kolkata to Hyderabad on 11/12/09 by Flight No.3434 at 6.50 a.m. and return on 13/12/09 by Flight No.3433 at 8 p.m. by paying Rs.18,000/-.  According to schedule the Complainants arrived at Dum Dum Airport on 11/12/09 and at that time it was ascertained that the coupons issued by the Airlines for the journey which were kept in the luggage bag were not there and it appeared missing.  The matter was immediately brought to the notice of the Manager of Airlines at Airport who immediately printed a status report which showed confirmed validity of the journey.  The Complainants produced the PAN Card, voter identity card to prove the genuineness before the Airlines Authority who once agreed to allow their journey, but subsequently disagreed without showing any valid reason.  Subsequently, the OP asked the Complainants to purchase fresh tickets at the cost of Rs.16,000/- for two persons for one side journey.  The Complainants still agreed to keep in deposit with the OP Airlines the sum of Rs.18,000/- to cover financial loss of the Airlines, if any, arises in future from any other party claiming on the lost tickets.  In spite of agreeing to keep in deposit the sum of Rs.18,000/-, there was no reason to disallow the Petitioner from availing the schedule journey.  Subsequently, it came to the notice of the Complainants that the OP Airlines sold those two tickets to other persons in waiting in gross violation of natural justice.  Having no other alternative the Complainants had to pay Rs.28,712/- to purchase tickets from another Airlines “Indigo” for their journey.  For the said reason, the complaint was filed before the Learned District Forum.

            The Learned Counsel for the Appellant has submitted that at the time of travel Complainants could not produce the coupons at the counter which they allegedly lost.  It is contended that the first travel agent was Goodwill Transport Pvt. Ltd. and the second travel agent was Balurghat Technologies Ltd.  It is submitted that Annexure-A to the complaint does not contain the ticket number/PNR number.  It is contended that had the original coupons been produced the Appellant could have accepted it, but the Complainants could not produce the original coupons before the Learned District Forum.  It is submitted that the agents from whom the coupons were purchased have not been impleaded.  It is submitted that the agents did not deposit the money with the OP Airlines. 

            The Respondent in person submitted the BNA contending, inter alia, that the Learned District Forum was justified in passing the impugned order and there is no ground to interfere with the said judgment. 

            We have heard the submission made by both sides and carefully examined the papers on record.  It appears that the Complainants obtained air travel coupons on payment of Rs.18,062/- against proper receipt.  It is the specific contention of the Complainants that on the date of journey after reaching the Airport they lost the coupons which were in the bag and immediately reported the matter to the Manager of the Airlines at Airport who immediately printed the status report which showed confirmed validity of the journey.  This paper has been marked Annexure-A to the complaint.  It appears therefrom that the reservation number was IXFHMK duly printed thereon and there was no reason to deny the boarding of the Complainants.  It is the further case of the Complainants that the Complainants had to purchase tickets from Indigo Airlines and had to suffer harassment under the circumstances of the case.  The contention of the Learned Counsel for the Appellant in this regard is not acceptable.  The Learned District Forum considered all the aspects of the matter and rightly passed the impugned judgment.  There is no ground to interfere with the same. 

            The Appeal is dismissed.  The impugned judgment is affirmed.