K.V.S.SURYANARAYANA vs JET AIRWAYS

THE complainant, not satisfied with the quantum of damages awarded to him by the District Forum, has preferred this appeal claiming enhancement of the damages.

THE facts in brief are the complainant has purchased four tickets for his relatives for travelling from Hyderabad to Bombay by the evening flight of the opposite parties which was scheduled for departure at 18.25 hours. THE passengers have to catch another flight to London from Bombay on the same day and they arrived at the Airport at Hyderabad on 11.12.1993 at 5.25 p.m. THE flight to Bombay had already left and they were informed that the flight schedule was revised from 7.12.1993 and as per the revised schedule the flight has left at 5.15 p.m. THE complainant has protested with the officials of the opposite parties, but to of no avail. But they were accommodated on the next day''s flight by the Indian Airlines by the opposite parties. Though the opposite parties promised to accommodate them in Bombay, there was no body to receive them at Bombay and they have to made their own arrangements for their stay at Bombay. THE complainant claimed that those persons came from U.K. to perform wedding of their daughter with his son and that they lost wages amounting, approximately, to Rs. 15,000/- (300 pounds) and incurred an expenditure of Rs. 4,000/- at Bombay. THE complainant claimed Rs. 15,000/- towards wages, Rs. 4,000/- towards expenditure incurred at Bombay, Rs. 3.00 lakhs towards damages, Rs. 2,000/- towards costs for contacting their relatives at London and Rs. 2,000/- towards costs of the complaint. 2. Opposite parties 1 and 2 filed their separate written version contending that timings are liable to change from time to time and it is a normal and accepted principle of Airlines and that at the time of issuing tickets a sticker was attached to every ticket stating that the passengers are obliged to check the timings on the date of journey and since they changed the schedule of flight with effect from 7.12.1993 they made several attempts to inform the passengers over telephone, but as they were not available they could not communicate the change of timings to the complainant or the passengers. Basing on these pleadings and the evidence adduced, the District Forum held that there was deficiency in service and awarded damages of Rs. 5,000/- and costs of Rs. 500/- to the complainant.

Aggrieved by the said finding and order, the complainant preferred this appeal claiming enhancement of compensation of Rs. 50,000/-.

THE point for consideration is whether the complainant is entitled for enhancement of compensation ? The facts which are not in dispute are that the complainant has booked four tickets for his relatives for travelling by the Airways of the opposite parties on 11.12.1993 and the scheduled departure time for the said flight was 18.25 hours. When the passengers and the complainant reached the Airport at 5.25 p.m. on 11.12.1993, they were informed that the flight has already left by 5.15 p.m. as per the revised schedule. The opposite parties claim that they have the privilege to change the timings and it is the duty of the passengers to enquire on the date of journey about the scheduled time of departure of aircrafts. They also contend that a sticker was attached to the ticket requesting the passengers to make inquiries on the date of the journey about the departures. It is ridiculous to say that merely because a sticker is attached, it is the duty of the passengers to enquire about the change of the schedule of departure or arrival. It is the duty of the Airlines to give wide publicity, if they effect any change of timings, by advertising in the newspaper or through electronic media. It is also the duty of the Airlines to inform over phone or send at least a written communication to the passengers, who have purchased tickets well in advance, prior to the date when the change was effected. In this case, as seen from the complaint, the tickets were purchased some time in the middle of November, 1993. As such the passengers cannot be kept in dark about the change of timings by the opposite parties. The Airlines was expected to contact the passengers and inform them of the change.

IN this case, the opposite parties claimed that they have made several attempts to inform the passengers over phone of the change of timings, but as the passengers were not in town, they could not inform them of the change of the schedule. It appears to be an utter lie on the part of the opposite parties. No record has been placed before the District Forum to show that any calls were made to any of the passengers informing them of the change. Abruptly and without notice to the passengers the change was effected. No doubt a sticker was attached to the ticket requesting the passengers to enquire about the alteration of timings, if any. IN this case, the District Forum has observed that none of the opposite parties was in a position to say the date from which the change of timings was effected. This observation is sufficient to say that the opposite parties themselves are not aware of the date on which the schedule was changed. If they themselves are not aware of the date of change of schedule, how can one expect them to inform the passengers of the change of timings ? The District Forum has rightly made this observation. Besides that does the Airlines expect the travellers to telephone and enquire them every day whether there was any change of timings and even they telephone, before how many hours should they enquire over the phone about the change of timings of the departure. For example, if a person enquires on 11.12.1993 about 6.00 hours in advance, it would be futile if the departure time is preponed by 8 or 10 hours. If a flight, which should leave at 6.00 p.m. is preponed to 6.00 a.m. or to 2.00 a.m. how do the passengers know and when should they contact the Airlines ? It is the matter of common sense that occasions come on such preponement the Airlines should issue a public notification in the newspapers or electronic media, so that the passengers will become aware of the change of timings and they will not be caught unawares. The complainant returned from Tirupathi on the same day at about 12.00 hours. Nothing prevented the opposite parties to contact the complainant over phone between 12.00 to 5.00 p.m. and intimate him of the change of timings. It is too much to expect the passengers on their own should go on enquiring about the possible change of air timings. The opposite parties took the matter so carelessly and they did not exercise due diligence in informing the complainant or the passengers about the preponement of the timings of the departure of the flight.

SINCE the opposite parties failed to intimate the complainant about the change of time, it resulted in their missing not only the flight to Bombay, but also the flight to London in their onward journey. The passengers travelled on the next day and as is claimed by the complainant they lost a day''s wages at London. There was no extra expenditure for the purchase of tickets either from Hyderabad to Bombay or from Bombay to London by the complainant or the passengers, as the opposite parties have borne the expenditure. No evidence was let in to prove that any expenditure was incurred by the passengers either in Bombay or at Hyderabad.

THE turbulance and turmoil undergone by a passenger, who misses his bus or train or flight can be understood only by the sufferer, but not by anyone else. This is the age of space and the age of bullock cart has become a subject for the archaelogists. Time has become most precious in the present day world. For the fault of the opposite parties, the passengers who are forced to postpone their journey by a day, would have paid a heavy price for missing their engagements, and would have suffered lot of mental agony. THEir agony cannot be compensated with any amount of money. In this case, the agony of the complainant is more. THE passengers are none other than the parents-in-law of his daughter, who was given in marriage to their son. THEy came for the wedding only. THE obligation and burden is more on him. He is expected to take more care in arranging their programme as he is very much obligated to them by newly acquired relationship. It is his duty to see that the marriage party in whose house his daughter would be stepping in, have a comfortable journey to reach their destination. If Airways behave in such a manner, they should be mulcted with some reasonable compensation. In these circumstances, we take the view that the compensation be enhanced to Rs. 25,000/- as the passengers and the complainant have suffered mental agony and the passengers were deprived of their day''s earning and have incurred some expenditure for their stay at Bombay and for making contacts at London. We enhance the compensation to Rs. 25,000/- from Rs. 5,000/-. The complainant is entitled for costs of Rs. 1,000/-. With this modification, this appeal is allowed. Time for compliance six weeks. Appeal allowed.