ROYAL NEPAL AIRLINES Vs. VISHAL ARYA
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ROYAL NEPAL AIRLINES
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(1.) THIS case demonstrates as to the mental agony and harassment suffered by a consumer due to the erratic
functioning of an Airlines and their arrangement with their agents
through whom appellant -Airlines sold the tickets. A newly married couple
went to Kathmandu for honeymoon with a confirmed return ticket for 4th
July, 1997. Their presence at Delhi was very essential as reception of
their marriage was to be held on that date. On reaching the Airport they
were informed that their tickets had been cancelled. As a consequence,
they could not attend their reception.
(2.) ON account of the failure of the appellant -Airlines to inform the respondent No. 1 to its agent/The Explorers Unit and update about the
cancellation of the flight on 29th June, 1997 the District Forum has vide
impugned order dated 11th June, 2001 held the appellant guilty for
deficiency in service and directed to pay the cost of the tickets and
other expenses which the couple incurred for returning to Delhi on the
next day. In total compensation of Rs. 50,000 with interest @ 9% and Rs.
5,000 towards cost of proceedings have been awarded.
(3.) THE solitary plea raised by the appellant through this appeal that the District Forum wrongly held it guilty for deficient in service
as it had already informed its agent through whom the respondents
purchased confirmed tickets that the return flight from Kathmandu to
Delhi has been cancelled. Further that it was a common ticket from Delhi
to Kathmandu and from Kathmandu to Delhi and was issued on 28th June,
1997 and though it was specifically mentioned on the tickets that departure from Delhi will be on 1st July, 1997 and from Kathmandu to
Delhi will be on 4th July, 1997 but when the respondent -couple boarded
the flight from Delhi to Kathmandu it was pointed out to them that return
flight of 4th July, 1997 has already been cancelled and has been taken
off from the schedule. However, this fact has not been proved either by
way of evidence or document.
Whenever any Airlines makes an arrangement of sale of tickets through their agents or sub -agents it is vicariously as well as directly
liable for the acts of omission and commission of their agents. In such a
situation the convenient plea the Airlines as well as the agent can take
is that none of them is guilty because the appellant -Airline informed
about the cancellation of the flight to the agent and the agent would
take the plea that he had informed the consumer about the cancellation of
the flight or that the agent had not received any kind of intimation from
the Airlines about the flight having been taken off from its schedule.;
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