M.THANIKACHALAM, J. - (1.) The 1st opposite party, by filing this appeal, challenges the order of the district Forum dt.4.5.2010, wherein a direction has been given against them, to pay a sum of Rs.64,690.80/-, with compensation of Rs.5000/-, alongwith cost.
(2.) The 1st respondent/ complainant, had booked a package tour to visit Darjeeling, for which he took air tickets, and hotel accommodation, through the 2nd opposite party. As per the tour programme, he had obtained E-tickets, from the 2nd opposite party, on behalf of the 1st opposite party, to fly from Chennai Airport to Calcutta, on 17.5.2008, and from Calcutta to Baghdogra, by Jet airways, on the same day. As scheduled, the complainant and his family members reached the Airport, Chennai, they were issued boarding passes also, but it was informed that the flight will take delayed, and finally taken off from Chennai at 10.00 a.m, arriving Calcutta by 12.15 p.m, by that time, Jet Airways, left from Calcutta, depriving the journey, on the same day, to reach the place of accommodation. At Calcutta, when the complainant requested for alternative arrangement, the 1st opposite party, demanded ticket fare, and collected Rs.19,690.80/-, thereby they have committed negligence, and deficiency in service, by delaying the flight, then collecting the fare from Calcutta to Baghdogra, which the complainant is entitled to refund. Because of the delayed departure, and other inconvenience, the complainant suffered mental agony, with his family members, for which he is entitled to a sum of Rs.3 lakhs, as compensation, not only under this ground, but also on the ground of unfair trade practice. Hence the complaint.
(3.) The 1st opposite party , admitting the ticket booked by the complainant, for the flight No.DN 675, which was scheduled to depart from Chennai at 5.25 am on 17.5.2008 to Calcutta, resisted the case, interalia contending that before take off, when the routine checkup was conducted, they have noticed that the aircraft developed some technical problem, causing delay, for which, they cannot be held responsible, that from Calcutta to Baghdogra, originally the complainant had not purchased any ticket in their airways, and therefore when the complainant had sought to travel from Calcutta to Baghdogra, they have charged as per the flight charge, cannot be faulted, that even as per the terms and conditions available in the ticket, the 1st opposite party is not entitled to any damage, thereby praying for the dismissal of the complaint.;