Decided on May 29,2008



K.SAMPATH, J. - (1.) The complainant in OP No.356/2004 on the file of the District Consumer Disputes Redressal Forum, Chennai (North) is the appellant herein. The case of the complainant was follows: - The complainant along with her child proceeded to Dubai from Chennai airport by the flight of the 1st opposite party on 5/9/2003. The journey was booked under PNR BC 2Y5S. The tickets were purchased on 29/8/2003 from the 2nd opposite party through the 3rd opposite party. The tickets indicated the journey status as OK. The categorisation was under business class. The 1st opposite party though promised to provide a baby cradle in the front row, the facility was not provided. On 3/9/2003 the complainant received a phone call at 3.30 pm from the 1st opposite party seeking to ascertain whether the proposed journey would be performed on 5/9/2003 as fixed already. She answered in the affirmative. On 5/9/2003 the complainant took the child accompanied by their attorney and other family members and turned up at the Chennai International Airport at 7.15 am. She reported at the check-in counter of Emirates. The person at the counter said that the names of the complainant and her child were not found in the list of passengers. The complainants father explained to that person that there could be no reason for omitting the names of the complainant and her child when the tickets were okayed. After that the 1st opposite party permitted the complainant and her child to perform the journey. There was a delay of 30 minutes causing great mental agony, strain and stress to the complainant and her family members. The complainant addressed several letters to the opposite parties alleging deficiency in service inasmuch as they made her wait for more than 30 minutes and caused mental agony. The complaint therefore came to be filed for a direction to the opposite parties to pay Rs.1 lakh as compensation together with interest at 12% p.a.
(2.) The 1st opposite party filed a version stating as follows: - The complainant and her child did not apparently hold confirmed reservation at the time of checking-in due to the confusion in PNR numbers not tallying with the name and the PNR numbers. The complainant was therefore asked to wait for a while till the seats were available for travel in case of cancellation as the flight was completely booked. The complainant and her son were accommodated in the same flight. There was no deficiency in service. Their wait was very short and the claim was untenable. The complaint was liable to be dismissed.
(3.) The opposite parties 2 and 3 were called absent and were set exparte.;

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