M.THANIKACHALAM J. - (1.) The first opposite party in C.C.194/2007, on the file of the District Consumer Disputes Redressal Forum, Coimbatore, aggrieved by the order of the District Forum dated 21.08.2008, has preferred this appeal, questioning its correctness.
(2.) The complainants 1 to 7 and the 8th complainant booked air tickets on 26.10.2006 and 26.10.2007 respectively to fly to Coimbatore to Mumbai on 21.03.2002 and for return from Mumbai to Coimbatore 23.3.2007 at 7 a.m. As per the schedule, the complainants have reached the first opposite party?s office to proceed their journey on 21.3.2007, where they were informed that the air tickets were cancelled, upon query, not giving any proper reason, failing to give in writing also despite demand. Thus, the first opposite party as well as their agent namely the second opposite party, through whom tickets were booked have committed unfair trade practice, as well deficiency in service. The opposite parties have also failed to return the charges collected for the air tickets despite notice, thereby causing mental agony. Therefore, the complainants are constrained to file the case for the return of air tickets amount of Rs.15,675.60 with interest along with compensation of Rs.8 lakhs, at the rate of Rs.1 lakh per complainant.
(3.) The first opposite party admitting the booking of tickets, through the second opposite party, questioning the jurisdiction of the Consumer Forum, resisted the case, inter alia contending, that the complainants have not reported at the check in counter for boarding the flight, that as per the records, return tickets of the complainants 1 to 7 were also cancelled though 8th complainants was not cancelled, but he failed to report, that in fact, the onward tickets were not cancelled, whereas by the negligent act of the complainants, in not coming to Airport for boarding, they were unable to travel, for which, the opposite parties were not responsible, that for the cancelled tickets and not for undertaking journey as per rules and regulations if at all, they have to claim refund only from the second opposite party-agent, that since the first opposite party has not committed any deficiency, they are not liable for the imaginary damages, praying for the dismissal of the complaint.;