Decided on April 15,2004

B J Travels Respondents


- (1.)THESE are two connected appeals arising out of order dated 22.8.2003 passed by the District Forum, Dehradun whereby the complaint of the complainant was stayed till the disposal of the civil suit. In both appeals, common question of law and facts are involved. Therefore, both these appeals have been taken together for disposal. Copy of the order shall be placed in records of both the appeals.
(2.)THE brief facts of the case are that the opposite party, M/s. B.J. Travels filed a civil suit before the Civil Court against Shri Rohtash Kumar, Shri R.K. Mazari and two others (hereinafter called the appellants) with the allegations that it is registered society and it carries on the business of traveller's service. It is alleged that the appellants contacted the B.J. Travels (hereinafter called the opposite party) to provide tickets. It was alleged that the Government will pay the expenses, therefore, on performance of their journey, they will make the payment. The B.J. Travels provided the tickets. For some part of the journey, tickets for waiting list were issued. It was specifically informed to the appellant. He was also informed that if the ticket is not confirmed, a refund of about Rs. 2,000/ - (Rupees two thousand) per person had to be spent. The appellants told that enough time is left, the ticket shall be confirmed in due course. It is alleged that even after the return of the journey, the appellants did not pay the price of the tickets.
(3.)THE appellants filed written statement and claimed its counter allegations. It is alleged that there was no request for cheaper Airline service. The appellants wanted safe journey. The appellants being Govt. servants always admitted to have minimum expenses on account of travelling. In the written statement, it is alleged that B.J. Travels never made any attempt to get confirmation on unconfirmed sector. In the written statement, the entire allegation has been thrown over the opposite party, B.J. Travels that it has not performed its part of obligations and it has been deficient in discharge of its services.
The civil suit was filed by M/s. B.J. Travels on 2.4.1997. The written statement was filed by both the appellants on 27.4.2001.

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