K D SHARMA vs EVERGREEN TRAVELS

THIS appeal has been directed by the complainants against order dated 8. 2. 2006 passed by Consumer Disputes Redressal Forum-II, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which their complaint was dismissed being meritless, leaving the parties to bear their own costs.

BRIEFLY stated the facts are that the appellants (complainants) were to go from Chandigarh to Bombay on 17. 3. 2005. For this purpose, they approached M/s. Evergreen Travels (opposite party) for purchase of return air tickets from Chandigarh to Bombay. However, instead of issuing tickets for a single flight or same airline, respondent issued forward journey tickets of Jet Airways from Chandigarh to Delhi and then Air Sahara from Delhi to Bombay. The tickets for Jet Airways were with respect to flight No. 304 which was scheduled to take off from Chandigarh at 1410 hours on 17. 3. 2005 and was scheduled to arrive at Delhi at 1510 hours. The copy of the bill under which tickets for Chandigarh-Delhi sector were issued is Annexure A-1. The copy of the bill under which tickets for Delhi-Bombay sector were issued is Annexure A-2. It was next averred that the appellants had made booking well in time more than one month prior to the date of journey particularly with a view to obtain discounted fare and trouble-free journey. The tickets were purchased on 15. 2. 2005. The copy of the tickets from Chandigarh to Delhi Sector of Jet Airways is Annexure A-3 while the boarding pass of Jet Airways is Annexure A-4.

It was further averred that respondent issued tickets to them for Delhi to Bombay of another airline i. e. Air Sahara flight No. S2-105, the copy of which is Annexure A-5 and on reaching Delhi, they proceeded towards lounge of Sahara Airways but they refused the boarding pass of Air Sahara to Bombay on the plea that they had not turned up for check-in sixty minutes before the scheduled time of departure. However, appellant No. 1 contacted the respondent from Delhi Airport on telephone but of no avail and then also approached Air Sahara authorities but they refused to oblige him and told that if they were prepared to deposit Rs. 10,635 for three tickets, then they could be taken to Bombay on the next flight which was scheduled to take off at 1800 hrs. Finding no other alternative, they paid Rs. 10,635 vide receipt No. 25,000 dated 17. 3. 2005 and reached Bombay by Sahara Airways flight No. S2-103.

IT was next averred that OP (respondent) being in airline ticketing, should have been aware of the fact that the passengers were required to check-in at least sixty minutes before the scheduled departure time and as such it should not have issued tickets for a flight which was scheduled to take off at 1545 hrs. as they could not have arrived Delhi prior to 1510 hours which was scheduled arrival time of Chandigarh-Delhi flight at Delhi airport. Alleging deficiency in service, the complaint was filed.

THE opposite party (respondent) filed reply and controverted the allegations of appellants. It stated that the gap of timings were duly discussed with the appellant No. 1 and in spite of making aware, he purchased tickets as he wanted to reach Bombay in time and assured that he would arrange the things himself as he had links with higher authorities of the airline and as such it prayed that there was no deficiency in service on its part, so, complaint should be dismissed. Parties adduced their evidence by way of affidavits. After hearing counsel for the parties, the complaint was dismissed vide order dated 8. 2. 2006, being meritless.

AGGRIEVED by the said order, complainants have filed the present appeal.

WE have heard Counsel for appellants Mr. Pankaj Chandgothia, Counsel for respondent Mr. Anil Chopra and carefully gone through the file. It is an admitted fact that the appellants approached the respondent about one month in advance i. e. on 15. 2. 2005 for going from Chandigarh to Bombay on 17. 3. 2005. They purchased three return air tickets from Chandigarh to Bombay. However, the respondent instead of issuing single flight tickets or of the same flight from Chandigarh to Bombay, issued forward journey tickets of Jet Airways for the flight from Chandigarh to Delhi and further forward tickets from Delhi to Bombay of Air Sahara. The flight from Chandigarh of Jet Airways bearing No. 304 was scheduled to take off at 1410 hrs. on 17. 3. 2005 and was scheduled to arrive at Delhi at 1510 hrs. The copy of the bill under which tickets from Chandigarh to Delhi were issued is Annexure A-1. The copy of the bill under which tickets for Delhi to Bombay sector were issued is Annexure A-2. After reaching Delhi, they were to board Air Sahara flight No. S2-105 for going to Bombay which was to depart at 1545 hrs i. e. there was gap of only 35 minutes between arrival of Jet airways flight at Delhi and the departure of Air Sahara flight from Delhi to Bombay. According to rules of airlines, it was mandatory for the passenger to check-in at least 60 minutes before the scheduled departure time. As the appellant could not reach sixty minutes before the scheduled departure time, so, Air Sahara did not allow the appellants to get boarding pass.

The respondent is service provider in the field of airline ticketing. It is presumed that it must be aware of the rules of respective airlines of which tickets were issued by it. Therefore, it was incumbent upon it to refuse tickets for further journey from Delhi to Bombay by Air Sahara starting at 1545 hrs because the Jet Airways flight was to arrive at Delhi at 1510 hrs. and there was gap of only 35 minutes whereas they were required to check in sixty minutes before the scheduled time of departure. The next flight of Sahara Airways No. S2-103 was to depart at 1800 hrs. and it could have issued tickets for that flight.

THE case of respondent is that appellant No. 1 had insisted that the tickets of flight No. S2-105 of Air Sahara starting from Delhi at 1545 hrs. should be issued and as per his insistence, the tickets were issued. It is further stated that appellant No. 1 had insisted that he had some influence with the authorities of Air Sahara and would get accommodated. It does not appeal to reason that appellant No. 1 had made such an offer. No such condition was mentioned on the tickets or any form that the same had been issued at the instance of appellant No. 1. A layman does not know that the passengers should report for boarding an aeroplane at least sixty minutes before the scheduled time of departure. Certainly respondent has committed deficiency in service as the appellants have to pay Rs. 10,635 more in order to reach Bombay by the next flight and this amount had been charged by Air Sahara at Delhi Airport. Therefore, respondent is liable to pay this amount of Rs. 10,635 to the appellants. The appellants have also claimed compensation for harassment, etc. but we are not awarding any compensation because it was also duty of the appellants to be vigilant.

HENCE, in view of the discussion above, the appeal is accepted with costs of Rs. 3,000 and the order of dismissal of complaint is set aside. The respondent is directed to pay Rs. 10,635 to the appellants which they had incurred extra for going to Bombay from Delhi. Copies of this order be communicated to the parties, free of charge. Appeal allowed.