ANAND SHREE ENTERPRISES Vs. NIRANJAN SAXENA AND ANR

JUDGEMENT

(1.) THE case called out. None is present on behalf of the appellants M/s. Anand Shree Enterprises. Their Counsel too is not available. Sri M.H. Khan, learned Counsel for the respondent/ complainant Sri Niranjan Saxena is present. He submits that since it is an old matter of the year 2001 it may be heard and decided on merit. We agree with Mr. M.H. Khan and proceed to decide this appeal on merit.

(2.) SRI Niranjan Saxena has purchased eight air tickets for his family members including himself for their journey on 15.12.1995 from Guwahati to Imphal by Skyline NEPC Flight No. D5603. All the eight tickets (four full, three half and one infant) had a mark of confirmation but when they reached the airport to catch the flight on the scheduled date, they were informed that their tickets were on wait list and accordingly they were asked to wait. They had to to wait for four days i.e. from 15.2.1995 to 19.12.1995 and had to incur heavy expenditures unnecessarily while staying in Guwahati. The airlines neither made their arrangements for stay, nor provided any kind of assistance to them. It was on the plea of these facts and circumstances that the complainant filed his complaint for recovery of damages to the tune of Rs. 2,50,000 M/s Skyline NEPC did not come forward to contest the complaint.

(3.) HOWEVER , the appellants M/s. Anand Shree Enterprises filed their written statement and submitted that they had issued the confirmed tickets on the basis of the computer information provided to them by the Indian Airlines on computer. It is perhaps on the basis of the same plea that the appellants have pleaded that the complaint was bad for non -joinder of Indian Airlines.