INDIAN AIRLINES vs MASRAT ISLAM SOHRAWARDY

-THROUGH the medium of this appeal order dated 29. 8. 2005 passed by the learned Divisional Consumers Protection Forum, Srinagar (hereinafter to be referred to as the Forum) has been challenged. The brief facts of the case are that respondent No. 1 was going to be married in Jammu on 2. 10. 2001 and the reception of "barat" was fixed at 2. 30 p. m. at Jammu Airport. On 25. 9. 2001, the father of respondent Nos. 1 and 2 had purchased three OK air tickets for respondent Nos. 1, 2 and 3 and the sellers who were respondent Nos. 4 and 5 are the travel agents of the appellant (Indian Airlines ). The scheduled departure of the air flight for 2. 10. 2001 from Srinagar to Jammu was at 12. 45 p. m. and respondent Nos. 1 to 3 had reached at the Customers Counter in the airport premises at 11. 45 a. m. and presented their tickets for getting the respective boarding cards. The dealing assistant told them that plane was already full with passengers and for that reason boarding cards could not be issued. Respondent Nos. 1 to 3 entered into heated arguments with him by emphasizing the point that a boarding card to emplane the aircraft could not be legally with-held from a customer who has the status of a confirmed traveller on the basis of OK ticket. The dealing assistant took their tickets for showing them to his immediate superior who was sitting in a room inside the airport building and after having some consultations with him informed them that there was no space left in the aircraft because some VIP passengers had been accommodated in the flight on account of a bomb blast which was caused on 1. 10. 2001 in the Assembly building. He extended an offer that they would be accommodated for the next day''s flight. When the scheduled flight reached Jammu airport without carrying respondent Nos. 1, 2 and 3, the family members of the bride along with their relatives who had collected there to receive them became panicky and contacted the father of respondent Nos. 1 and 2 at Srinagar who too became panicky and immediately rushed to the airport Srinagar but was denied the entry inside the building premises.

DURING this hour of trial and tribulation there occurred a Divine intervention as Srinagar to Delhi bound direct air flight of Jet Airways was reconnected via Jammu. Respondent Nos. 1 to 3 with great persuasion and at the mercy of the staff members of the Jet Airways at spot succeeded in purchasing three executive class tickets at the price of Rs. 2,300 each as against air fare payable for one ticket in the economy class at Rs. 1,395. Respondent Nos. 1 to 3 were short of cash amount so they got refund of Rs. 4,185 against the price of five purchased returned tickets from Jammu to Srinagar for 3. 10. 2001 in the sum of Rs. 4,485. The difference of Rs. 2,715 towards the total cost of Rs. 6,900 of three executive class tickets was paid by respondent Nos. 1 to 3 from their pocket vide receipt No. 0589514148149750. The fare of the three tickets received by the appellant for travelling from Srinagar to Jammu was not returned. The bridegroom''s in-laws at Jammu had spent huge amount totalling to the amount of Rs. 2. 00 lakhs to receive the "baratis" for the solemnization of the marriage and had the Jet Airways flight not taken off at 3. 30 p. m. and reached at 4. 00 p. m. in Jammu the whole amount would have gone into drain and their status as well as the status of the respondents and their family members would have gone down in the eyes of the public. The mother of respondent Nos. 1 and 2 is a chronic diabetic patient and had gone into shock after hearing the news that Indian Airlines flight had reached Jammu without bridegroom and the "baratis" but when she learnt that at 4. 00 p. m. they had reached there she recovered from the shock. The non-availability of the travel facility by the appellants was not justified but it was done in an arbitrary manner and that caused mental and physical harassment to respondent Nos. 1 and 2 and their relations as well as to family members. Besides incurring financial loss for paying more amount in order to get accommodated in the executive class mental torture was caused to them. Respondent Nos. 1 to 3 had claimed refund of the actual air fare paid by them from Srinagar to Jammu in the amount of Rs. 4,485 which included the payment of difference which the appellants had illegally with held by adjusting the amount with the Jet Airways as well as refund of Rs. 2,715 which amount in cash was paid by them along with compensation for mental agony, injury and inconvenience to the tune of Rs. 2,07,200 The Forum after appraising the evidence directed the appellants to make the payment of Rs. 7,200 as fare from Srinagar to Jammu (Rs. 4,485 + Rs. 2,715 ). Besides that, compensation for causing mental agony, injury and inconvenience was awarded in the amount of Rs. 50,000. Direction was given to the appellants to make the payment within one month failing which interest @ 6% was made available. The order has been challenged on the following grounds: (a) The appellants had filed detailed reply and in that version it was pleaded that on 1. 10. 2001 a big mine blast had occurred, in front of the Jandk Assembly Secretariat which had created panic in the security circles and for that reason the counter at the airport had been closed on the direction of the security forces just few minutes before the schedule and respondents 1 to 3 had reported late. The staff members of the appellants helped respondents 1, 2 and 3 by way of transferring their tickets and the respondents had to pay extra amount of Rs. 2,715 for travelling in the executive class. There was no deficiency of service on the part of the appellants.

(b) The Forum has passed the impugned order without properly appreciating the evidence and the closing of the counter was not voluntarily done by the appellants but because of the peculiar situation it had gone beyond their control so it could not be said a deficiency in service.

(c) With the efforts of the staff members of the appellant, respondents 1 to 3 were accommodated in the Jet flight after taking their obligation and there was no occasion for them to suffer any mental agony. The award of damages is not justified.

We have heard the arguments of the learned Counsel appearing for the parties and perused the record. A perusal of the interim order dated 3. 3. 2002 shows that the learned Counsel for the appellant had filed an application and sought extension of time to submit the written version but in terms of that order the application was rejected and written version was not taken on record. Against this factual position in the memo of appeal a specific ground has been taken that detailed written version was filed wherein it was pleaded that because of the pressure of the security forces the passenger counter at the airport was closed just few minutes before the scheduled time and that respondents 1, 2 and 3 had reported when the counter had been closed. However, the Forum has accepted the evidence of Mr. B. R Sharma who was produced by the appellants as their witness. Mr. B. R. Sharma has deposed that on 2. 10. 2001 he was posted as Airport Station Manager, Srinagar and on account of a big blast caused by the subversive elements in front of the Jandk Assembly Secretariat the officials of the security agencies had directed the appellants to close the counter before the scheduled time and for that reason the counter had been closed 40 minutes ahead of scheduled time of departure when normally it is closed 20 minutes before departure. He had admitted that the plane had taken off from the airport at the normal time of departure. Against this evidence, there is evidence of the complainants as well as Mr. Zia-ul-Islam Sohrawardy who is the father of respondents 1 and 2. They have corroborated the allegations made in the complaint and stressed that mental torture and humiliation which they had to bear because respondent No. 1 who was attired as a bridegroom with a turban on his head along with his companion "baratis" namely, respondent Nos. 2 and 3 had to argue and then beg for alternative accommodation after facing dire necessity of arranging the funds for the purchase of tickets in the higher executive class. They with one voice have highlighted the worries of the father and close relation of the bride who were waiting at the Jammu Airport to receive them by 2. 30 p. m. They reached there at 4. 00 p. m. and this harrowing experience was stressful and humiliating. No other evidence oral or documentary have been placed on the record to make it believable that VIPs had been preferred in giving accommodation in the plane at the cost of the bona fide consumers. There is affidavit of Mr. R. S. Rana, Station Manager of the appellant on the record who has stated that at the material time he was not posted as Station Manager but verified the official records which prove that the inconvenience caused to respondents 1 to 3 was beyond the control of the management of Indian Airlines and because of security reasons only 129 passengers were loaded against the capacity of 145 passengers and that happened because of earlier closure of the counter under the instructions of the security officials. It has to be born in mind that if such was the condition at the airport there was a legal duty fastened on the appellants to attend their customers who had OK tickets with sympathy and gracious manner instead for filtring the amount of the air fare of their OK tickets as has been done in the present case. There was clear allegation made in the complaint by respondents 1, 2, 3 herein that the fare amount of their tickets from Srinagar to Jammu was forfeited and even when they were in their necessity of money for purchasing the executive class tickets from Jet Airways they forfeited the amount of refund which they got of 5 travelling tickets purchased for back journey for 3. 10. 2001 from Jammu to Srinagar. Even the appellants were callous and greedy to deduct the agent''s charges, etc. and instead of mitigating the woes of their customers they multiplied them. They should have taken some steps to convey the alleged earlier closure of the counter to their bona fide confirmed passengers which has not been done in the present case. The evidence led on the record has amply proved that it was a case of gross negligence on the part of the appellants in denying the travel facility to respondents 1, 2 and 3 at the appointed time and their plea that inconvenience was caused because of the circumstances beyond their control is a lame excuse which cannot be accepted to absolve them of rendering appropriate service. We find no evidence to upset the finding of the Forum below. In other words, the appeal has been found meritless which is dismissed with a cost of Rs. 4,000 to be paid by the appellant along with the awarded amount by the Forum within a period of one month from today failing which interest shall become chargeable @ 9% per annum. The record of the Forum be returned and the appeal be consigned to the records. Appeal dismissed.