M. THANIKACHALAM J. - (1.) The 1st opposite party, who suffered an adverse order in OP.No.373/2003, on the file of District Forum, Coimbatore, is the appellant.
(2.) The respondents 1 and 2 herein, as complainant, approached the District Forum, claiming compensation of Rs.25000/- to each person, from 1st opposite party, another compensation of Rs.10000/- to each from the 2nd opposite party and for the cost of Rs.2500/-, on the ground, that they have purchased air tickets from the 2nd opposite party on 7.8.2003, for the travel on 15.8.2003 at 8.00 a.m to Srilanka, that when they reached the airport and approached the counter for the issue of boarding pass, they were informed that no seats are available for the complainants, since there was over booking, that after much difficulty, by foregoing one day, they reached Colombo, where they felt difficulties also in securing accommodation, that having issued OK ticket, the refusal to issue boarding pass on the date of journey, as indicated in the ticket, amounts to deficiency in service, and therefore the opposite parties should be directed to pay compensation as claimed.
(3.) The 1st opposite party admitting the purchase of tickets and the complainants were off loaded due to over booking of the flight in question, had stated that action of the opposite party was neither willful, nor wanton, that not allowing the complainants to board the flight was due to over booking of the flight in question, which will not amount to unfair trade practice, that there was no discrimination of any kind with intention to harass anybody, and therefore claiming compensation for the alleged mental agony and other things, is not permissible.;