BIMAN BANGLADESH AIRLINES Vs. ANUP MITTAL & ANR

JUDGEMENT

(1.) ON account of wrongful cancellation of return ticket for the journey from Delhi -Bangkok -Delhi availed by the respondent -1 from the appellant -airlines and having suffered losses by way of making payment on fresh ticket from some other airlines as well as mental agony, harassment, the appellant has been vide impugned order dated 30.6.2006 passed by the District Forum directed to pay a sum of Rs. 27,700 the amount incurred by the respondent for purchasing the fresh ticket of Thai Airlines amounting to Rs. 17,700 and spending Rs. 10,000 for one day's additional stay including the expenditure on meals and other allied expenses and further to pay him a sum of Rs. 15,000 on account of compensation for suffering caused to him due to deficiency of service on the part of appellant for not providing seat despite confirmed ticket and for not providing him vegetarian food and to compensate him for cost of litigation. Feeling aggrieved the appellant has preferred this appeal.

(2.) THE allegations of the respondent -1 leading to the impugned order, in brief, were that he purchased a return ticket for journey for Delhi -Bangkok -Delhi from respondent -2 on the airlines of appellant for which due consideration was paid. The journey from Delhi to Bangkok was confirmed for 11.3.2004. However, time for departure was wrongly mentioned in the tickets. Despite categorical instruction of vegetarian food, the same was not provided and he had to remain without food for more than 12 hours during outward journey. In spite of having confirmed ticket for the inward journey from Bangkok to Delhi, he was not provided seat and when reported for the journey, he was told that his ticket had been cancelled due to not reconfirming 72 hours in advance. On 13.3.2004 he had reconfirmed at the local office of appellant at Bangkok but in spite of this he was not provided seat for the inward journey for 17.3.2004. His request to accommodate him in the next flight was turned down. He was shocked to know that eleven other persons were given the same treatment of deficiency in service. Under the circumstances he was forced to purchase fresh ticket for Rs. 17,700 from Thai Airways and had to spend additional amount of Rs. 10,000 for additional stay for one day and expenditure on meals etc. He reached Delhi and along with others served legal notice on appellant and respondent -2. The respondent -1 has claimed Rs. 27,700 besides compensation of Rs. 1,00,000, cost of Rs. 15,000 and Rs. 5,750 towards the refund of the ticket.

(3.) AS against this the version of the appellant was that the meals were provided as per requirement of passengers and no such complaint of not serving of food was brought to the notice of the steward or the incharge of the staff. With regard to cancellation of ticket it was submitted that the same was not cancelled but reservation of seat was cancelled due to non -reconfirmation at least 72 hours before departure of the flight and hence they are not liable for any deficiency of service. With regard to mentioning of wrong timings on tickets, it was stated that the departure time from Bangkok was correctly mentioned and discrepancy if any in any other timing is to be replied by respondent -2.