M.THANIKACHALAM J. - (1.) The complainant is the appellant.
(2.) The complainant/appellant, being an ardent cricket fan, approached the Malaysian tourism official, on the basis of the advertisement given by them, regarding tri nations cricket tournament, between 12th to 24th September 2006, and in order to go to Malaysia, for booking air tickets and accommodation, he approached the opposite party, and paying a total sum of Rs.44,495/-, the air tickets were purchased, including confirmation of accommodation at Malaysia, as well at Singapore. The complainant wanted only vegetarian food, which was informed accordingly also.
(3.) On 20.9.2006, at 22 hours, he boarded the flight No.MH0181, from Chennai to Kualalumpur, and in the airlines, they have provided non-vegetarian food, instead of vegetarian, negligently, which should be construed as deficiency in service. On landing at Kualalumpur on 21.9.2006, at 4.30 a.m., he was not provided accommodation, and accommodation was provided from 2.00 p.m., as per the check out time, thereby compelling the complainant to stay in the lobby of the hotel, with luggage at the age of 73, which had caused mental agony, and untold misery. Thus, unable to get accommodation, as well as desired food, the complainant suffered in the foreign country. Despite the fact, the opposite party knew that the flight will reach Kualalumpur by 5 a.m, it is their failure to make reservation, from that time which should be construed as negligent act.;