M.THANIKACHALAM J. - (1.) The complainants have come before this Commission, as appellants, not satisfied with the order of compensation, granted by the District Forum, as per the order dated 11.08.2008.
(2.) The original complainants namely deceased first complainant and his wife-second complainant, have received a ticket from their son, who is the 4th appellant now for their travel on 11.05.2003 from Chennai to New York in the first class and for the return journey on 14.5.2003. All the tickets were confirmed tickets obtained by the son of the complainants, who is one of the Gold Card Holders of the opposite party Airways. Based upon the confirmed tickets, the complainants reached Chennai Airport from Madurai on 10.05.2003 and reported to the opposite party Counter well in advance on 11.5.2003 morning, where one of the Staffs informed the complainants, that only one ticket is available in the first class requesting either one of the complainants to travel in the business class. The complainants refused to take such a course since they were possessing confirmed tickets, which were booked six months earlier, reconfirmed through the agent also. In view of the high handed act of the opposite party and highly discourteous shown to the complainants, who are senior citizens, having status, they were constrained to cancel the trip and return to home, thereafter they traveled on 14.05.2003 rescheduling the ticket.
(3.) The complainants while they were at New York, requested the officials of the opposite party, to postpone the return travel fixed earlier for 14.05.2003 by four days on account of belated onward travel to New York by the action of the opposite party, which was not conceded. The complainants when reached Airport at New York on 14.07.2003, the opposite party issued the Club Class tickets, instead of first class from London to Chennai, thereby they have committed grave breach of contract in the return journey also. The opposite party having willfully and deliberately failed to accommodate both the complainant in first class on 11.5.2003, for their travel from Chennai to New York and similarly they have refused to postpone the return journey also, committing deficiency in service. Hence, the complainants are entitled to compensation of Rs.20 lakhs, under various heads, for which, a complaint was filed.;