Santosh Kumari vs British Airways

THIS appeal has been directed by complainants against order dated 3. 8. 2006 passed by Consumer Disputes Redressal Forum-I, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which their complaint was accepted against respondent No. 2-Janta Travels Pvt. Ltd. and it was directed to pay Rs. 97,344 as air fare of appellants from Atlanta to Delhi by Air France. It was further directed to pay compensation of Rs. 20,000 for mental agony and harassment along with litigation costs of Rs. 1,100. The said amount was to be paid within 30 days from the receipt of order, failing which amount would carry interest @ 7% p. a. from the date of order till actual payment. However, complaint against British Airways-respondent No. 1 and Nijhawan Travel Services Pvt. Ltd. respondent No. 3 was dismissed.

BRIEFLY stated the facts are that the appellants (complainants) purchased two air tickets Annexures C-A and B of British Airways through respondent No. 2 Janta Travels Pvt. Ltd. for journey from Delhi to Atlanta and return, valid for six months from the date of outward journey i. e. 22. 3. 2002 and return on 18. 9. 2002 on the assurance of OK and confirmed reservation and trouble free journey. A printout of the computerized confirmation both ways with date Reference No. BA/r 6e 761 dated 26. 2. 2002 was issued to appellants. The British Airways computer reference No. PNR also showing confirmed reservation was provided for reference and use at the time of check-in and any other difficulty during travel vide Annexure C-C. It was next averred that after reaching Atlanta (USA), appellants contacted British Airways officials on phone in April, 2002 who once again confirmed OK status of the tickets and reservation for return journey from Atlanta to Delhi on 18. 9. 2002. However, at the time of reconfirming the return journey on 18. 9. 2002, British Airways told that the confirmation had been cancelled as the tickets were invalid because of non-adherence of the minimum of 3 hours of connecting time between arrival at Gatwick and departure from Heathrow Airports, both being London Air terminals, due to which they suffered stress, mental agony and torture.

It was further averred that appellants approached British Airways ,atlanta and Indian agent but they showed their inability to do anything. As such being left with no other alternative, they purchased fresh tickets on 14. 10. 2002 after arranging funds from Air France at a cost of 2080 US Dollars amounting to Rs. 97,344 at exchange rate of Rs. 46. 80 per dollar. They on reaching India took up the matter with British Airways on 17. 2. 2003 for refund and compensation but they refused to do so.

ALLEGING deficiency in service, the complaint was filed. Respondent No. 2-Janta Travels Pvt. Ltd. did not appear despite service, hence, it was proceeded against ex parte.

RESPONDENT No. 1 (British Airways) and respondent No. 3 (Nijhawan Travel Services Pvt. Ltd. appeared and filed written replies. Respondent No. 1 took one preliminary objection ; that the Forum had no territorial jurisdiction to entertain the complaint against it. On merits, the purchase of tickets by appellants was admitted. However, it submitted that Janta Travels Pvt. Ltd. was not its agent through whom appellants had purchased tickets and got reservation of seats and they never came in direct contact of respondent Nos. 1 and 3. It next stated that the tickets so purchased were given confirmed booking from Delhi-London-Atlanta sector but for reverse sector, the tickets were open and somebody unauthorizedly had pasted sticker showing confirmed reservation for the reverse sector which was apparent as the sticker was not stamped by the agency which pasted the sticker and if confirmed seats had been granted at the time of purchase of tickets, same would have been typed on the tickets like that from Delhi-London-Atlanta. The tickets held by appellants continued to remain open tickets in the record of respondent No. 1. Janta Travels Pvt. Ltd.-respondent No. 2 had created booking in the name of appellants for their journey ex Atlanta for 18. 9. 2002 but it was declined with the advice that the booking could not be given because of undercutting of the minimum connecting time being one of the conditions of special fares charged for the tickets that minimum connecting time between the incoming and outgoing flight had to be 3 hours. It was for Janta Travels Ltd. to have advised appellants about the said condition. The booking created by Janta Travels Pvt. Ltd. had to be cancelled as this was not permissible. It next stated that it made booking ex-Atlanta for the appellants on its flight on 22. 9. 2002 but the appellants failed to avail the same but no endorsement could be done on the tickets. Respondent No. 3 filed reply stating that the tickets in question were issued by it being the GSA (General Sales Agent) of British Airways (respondent No. 1) with an OK status for Delhi-London-Atlanta sector but for the sector from Atlanta-London-Delhi the same was left open as tickets were confirmed tickets for outbound journey and not inbound journey. The booking for Atlanta-London-Delhi for 18. 9. 2002 was created by Janta Travels Pvt. Ltd. which was not its agent and without its confirmation. It further stated that return booking for 22. 9. 2002 was also not done by it. It denied other allegations and stated that the complaint should be dismissed. Parties adduced their evidence by way of affidavits.

AFTER hearing Counsel for the parties, District Consumer Forum dismissed the complaint against respondent Nos. 1 and 3 but only accepted the complaint against respondent No. 2.

AGGRIEVED by the said order, Janta Travels Pvt. Ltd.-respondent No. 2 had filed appeal which was accepted by the State Commission vide order dated 13. 12. 2006. Now complainants have filed the present appeal for modification of order dated 3. 8. 2006 passed by District Consumer Forum and prayed that respondent Nos. 1 and 3 be held liable for the deficiency jointly and severally.

Along with the appeal, an application was moved accompanied by an affidavit of Sh. Bikram Tirath for condoning the delay of 157 days in filing the appeal. For the reasons stated in the application supported by affidavit, delay in filing appeal was condoned vide order dated 24. 4. 2007.

NONE appeared on behalf of Janta travels Pvt. Ltd.-respondent No. 2 subsequently, although initially Mr. Deepak Sharma, Manager had appeared, hence, it was proceeded against ex parte. We have heard Sh. Tirath Bikram on his behalf and on behalf of Smt. Santosh Kumar, Mr. Vaneesh Khanna,advocate for respondent No. 3 (Nijhawan Travels Services Pvt. Ltd.), Mr. Randhir Singh,advocate proxy for Mr. M. Wadhwani,advocate for respondent No. 1 and carefully gone through the file.

THERE is no dispute about it that appellants purchased two British Airways tickets from Janta Travels Pvt. Ltd.-respondent No. 2 for their outward journey from Delhi on 22. 3. 2002 and inward journey on 18. 9. 2002. The case of appellants is that the tickets were confirmed tickets with OK status and further they had made inquiry from the Atlanta office of respondent No. 1 i. e. British Airways in April, 2002 and came to know that the confirmation of their tickets for return journey from Atlanta to Delhi on 18. 9. 2002 was there but when subsequently confirmed on 18. 9. 2002, came to know that booking has been cancelled on account of non-adherence of minimum of 3 hours of connecting time between arrival at Gatwick and departure from Heathrow, both being London Air Terminals. The further case of the British Airways-respondent No. 1 is that appellants were offered booking ex Atlanta on its flight on 22. 9. 2002 but they did not respond. There is no documentary evidence to prove this fact. Therefore, mere oral assertion of respondent No. 1 that they had offered seats on its flight on 22. 9. 2002 cannot be believed. If they had offered seats then perhaps appellants would not have refused to same, so as to incur an extra amount of Rs. 97,344 for purchasing two Air France tickets for 14. 10. 2002 costing 2080 Dollars. It is an admitted fact that Nijhawan Travels Services Pvt. Ltd.-respondent No. 3 is General Sales agent of British Airways. A perusal of letter Ex. C-F which is dated 22. 4. 2003 which had been issued by British Airways to Birkram Tirath respondent shows that the tickets were issued by their GSA, Chandigarh office. The Delhi-London-Atlanta sector was issued with an OK status and Atlanta-London-Delhi sector was also issued tickets with O. K. status. The appellants had contacted Atlanta office for second time and came to know that their inbound journey scheduled for 18. 9. 2002 had been cancelled as it was not meeting minimum connecting time. The plea of respondent No. 1 that booking was made available to appellants for 22. 9. 2002 cannot be believed. At the cost of repetition we may say that there is no documentary evidence to prove that. Confirmed seats were offered for 22. 9. 2002 by respondent No. 1. If they had been offered confirmed seats for 22. 9. 2002, then there was no point for them to stay further in USA and then to spend Rs. 97,344 for buying fresh tickets of Air France. The further case of the respondent No. 1- British Airways is that sticker showing OK status ex Atlanta -London-Delhi for 18. 9. 2002 was not authorized sticker as sticker did not show the name of IATA agent and its code number who had pasted the sticker on the tickets. However, computerized statement taken from the Central Computer, London of the British Airways having No. BA/r6e7gi relates to the status of tickets of appellants. This very number R6 E7gi is mentioned on the tickets of appellants. Hence, this PNR relates to British Airways. It shows OK status. Therefore, Janta Travels even if it was not agent or sub-agent of British Airways, had not committed any deficiency because computer of British Airways showed status of tickets to be OK. If the time between two connecting flights was less than 3 hours, then computer should not have issued confirmed tickets for inward journey on 18. 9. 2002. British Airways should not have rejected the tickets on the plea that the time gap between two connecting flights was less once it had issued confirmed tickets.

THUS, certainly there was deficiency in service on the part of British Airways and its agent respondent No. 3 Nijhawan Travels Service Pvt. Ltd. As the appellants had suffered mental tension and agony besides they suffered loss of about Rs. one lac, thus, we hold respondent Nos. 1 and 3 to be guilty of deficiency in service.

DISTRICT Consumer Forum, Chandigarh had jurisdiction to try the complaint because a part of cause of action had arisen at Chandigarh as the appellants had purchased tickets of British Airways-respondent No. 1 through Janta Travels Pvt. Ltd. through respondent No. 3-Nijhawan Travels Service Pvt. Ltd. which is General Sales Agent and it had given confirmed tickets. If there was any negligence on the part of respondent No. 3, then respondent No. 1 being principal is liable and since tickets were issued at Chandigarh, so, part of cause of action had arisen at Chandigarh and District Forum at Chandigarh had got the jurisdiction to try the complaint. There is no evidence that the stickers on the tickets were unauthorizedly fixed by Nijhawan travels services Pvt. Ltd. Even if General Sales Agent had done something wrong on behalf of principal, then also principal is liable. Appellants had purchased tickets from IATA agent, therefore, complaint is maintainable.

Hence, we hold respondent Nos. 1 and 3 guilty of deficiency in service and accordingly appeal is accepted with costs of Rs. 10,000. We direct them to pay a sum of Rs. 97,344 as airfare to appellants from Atlanta to Delhi by Air France and they are further directed to pay Rs. 20,000 as compensation for mental agony and harassment along with costs of litigation of Rs. 1,100. The amount be paid jointly and severally within 30 days, failing which it would carry interest @ 9% p. a. from the date of order till actual payment.

COPIES of this order be communicated to the parties free of charge. Appeal allowed.