M. THANIKACHALAM J. - (1.) The complainant in O.P.374/2004 on the file of District Consumer Disputes Redressal Forum, Chennai (South), having failed in his attempt to get any relief, has come to this Commission, as appellant.
(2.) The complainant/appellant had purchased an Air Ticket from the first opposite party for the flight operated by the second opposite party, on 17.09.2003, by paying a sum of Rs.29,970/-, to travel from Chennai Dubai Bahrain Dubai Chennai, having three months validity. At Dubai, due to delay in issuance of Dubai visa, the complainant could not travel on 04.10.2003 as scheduled and therefore opted to rebook for 13.10.2003 by Flight No.540 Dubai to Chennai. But, the second opposite party failed to accommodate the complainant whereas on 11.10.2003 when he approached the second opposite party, to book his return journey reservation on 13.10.2003, he was requested to approach Air India since they are having code sharing with them. But Air India refused to accommodate with this ticket, thereby, the complainant has to purchase a fresh ticket by spending a sum of Rs.13,000/-. It is the duty of the second opposite party, to give priority to its ticket holder and having failed to do so, they committed deficiency in service, causing undue hardship, sufferings, mental pain and mental agony to the complainant, which have to be compensated by the opposite parties, jointly and severally, not only by refunding a sum of Rs.13,000/-, but also by paying a sum of Rs.1 lakh as compensation. Hence the claim.
(3.) The first opposite party in its Written Version, denying the entire allegations in the complaint, would submit that the complainant himself had changed the date of return journey, which was not communicated to the first opposite party, that the first opposite party had got authority only for confirmation of seats sold by them and nothing more and that in this case, having sold the confirmation ticket, for the change of plan date by the complainant, the first opposite party cannot be held responsible for any alleged damages and thereby prayed for the dismissal of the complaint.;