NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION
NEW DELLH
REVISION PETITION NO. 432
OF 1997
(From the order dated 7.6.96 in Appeal No.595/94 & 891/93 of the
of the State Commission, Maharashtra)
Indian Airlines Ltd. .. Petitioner
Vs.
N.N. Kini & Anr. .. Respondents
BEFORE:
HON’BLE MR. JUSTICE D.P. WADHWA,PRESIDENT
HON’BLE MR. JUSTICE C.L. CHAUDHRY, MEMBER
HON’BLE MR. JUSTICE J.K. MEHRA, MEMBER
MR. B.K. TAIMNI, MEMBER.
For the Petitioner : Mr. Lalit Bhasin, Ms. Shipra Mathur and
Ms. Jyothi Saigal, Advocates.
For the Respondents : N E M O
DATED
THE 10th MAY, 2001
ORDER
PER JUSTICE D.P. WADHWA
(PRESIDENT)
This
revision petition has been filed by the Indian
Airlines, a statutory corporation
constituted under the Air Corporation
Act, 1953. It is aggrieved by the judgment of the Maharashtra State
Disputes Redressal Commission upholding the order of the Bombay
District Forum which directed
the petitioner- Airlines to refund the value of the air tickets to the respondent (complainant).
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Complainant - first respondent purchased two tickets
of Indian Airlines
from the second respondent, a
travel agent, for Bombay - Calcutta - Bombay sector for himself and his wife in March, 1992.
He paid Rs.11,840/- for the two tickets. Complainant and his wife travelled to
Calcutta by scheduled flight of the
Indian Airlines. For return journey he got both the tickets
confirmed for March 30, 1992. On the same day, however, he found that both the
tickets were lost. He
immediately notified this fact in
writing to the Indian Airlines City
Office, Calcutta with a view to prevent any possible misuse of the air
tickets. A police complaint on the
instructions of the Duty Officer of
the Indian Airlines was also lodged.
Complainant was not issued duplicate tickets in lieu of the lost
tickets. He was given
two new air tickets though under
the same old PNR number. He was,
however, required to pay Rs.5,920/- towards these two tickets from Calcutta
to Bombay. Indian Airlines refused
to refund the amount of the lost tickets. Thus complainant filed a
complaint before the District Forum seeking refund of the value of the two tickets
which were lost. Complainant also
claimed Rs.2500/- towards compensation for loss of time, energy, mental anguish etc.
It
was contended by the Indian
Airlines that it offers lot of
flexibility in re-routing and refund of
air tickets to passengers with a view to facilitate them. These tickets have a validity of six
months upto which time passengers are allowed
the facility of travel/change in itinerary/dates of travel, part reissuance or refund on presentation
anywhere in India. It was thus
contended it was not possible for the
Indian airlines to keep a track of all
such transactions. It was difficult
for it to check misuse by way of travel/re-routing or
refund by the
finder of the lost ticket. After considering the rival
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contentions
District Forum came to the conclusion
that the fact of lost ticket was
immediately notified to the concerned
authorities and thus
lost tickets had not been
traced or
used for such long period it was appropriate
to ask the Indian airlines to refund
value of the two tickets to the complainant. District Forum also awarded Rs.500/- to the complainant as compensation and cost
of the complaint. Direction was given to the Indian Airlines
to comply with the order within three months from the date of receipt of the order or else to pay interest @ 18% per annum.
In
appeal by the Indian Airlines the State Commission upheld the order of the District Forum. State Commission noticed that on query made by complainant if the lost tickets had been
encashed, Indian Airlines refused to answer the query saying that they
were unable to look into such
information as they have “big offices”.
Before
us Mr. Lalit Bhasin, learned counsel for the Indian Airlines submitted that it was mentioned on the jacket of the
ticket that no refund was permissible against lost ticket. He has shown us jacket of a ticket which was prevalent in the year 1992. We find on the cover
page in small print it is written: “Ensure safe custody of your ticket. No refund is permissible against lost
ticket”.
It was therefore,
submitted that it was term of the contract that in case the ticket is lost refund is not
permissible. Secondly it was submitted
by Mr. Bhasin that under the Regulations framed by the Indian Airlines unless original ticket is
produced refund is not permissible.
This he said is a statutory regulation and that both
the District
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Forum and the State Commission were wrong in
directing refund of the tickets in the
face of the statutory provisions.
Indian
Airlines in the exercise of powers conferred upon it by Section 45 of the Air
Corporation Act, 1953 framed regulations called the Indian Airlines
Cancellation and Refund Regulations (1985) which came into force from 15th September, 1984. There are 21 regulations. For our
purpose it would be appropriate to
refer to regulations 2 and 8 which are as
follows:
2. Cancellation will be acted upon only when the ticket is actually tendred at the booking office for cancellation
except in the case of passengers
residing outside the Station of
emplanement, who may cancel their bookings by letter or telegram but not by
telephone. In respect of bookings outside the station of
emplanement, confirmation to the requesting station, agent or airline by the
station of emplanement shall be deemed
to be conformation of passage to
the passenger for purposes of calculating
the cancellation charges.
8. Refund will be made only
against documents surrendered and no claim will be entertained against lost documents”.
In fact, these statutory provisions were not
brought to the notice by the Petitioner
either before the District Forum or the State Commission.
There is thus statutory
bar on the refund of lost tickets. Refund is permissible only if original
tickets are produced. In the face of
statutory bar we do not think that the District Forum and the State commission
were right in directing refund of the
lost air tickets.
Before
concluding, however, we may observe
that the Indian Airlines’ Cancellation
and Refund Regulations
allowing refund only
if the original tickets are
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produced would appear
to be rather archaic in today’s
situation when there is explosion in communication and
spread of vast
computer net work
in the country. It was
submitted that Airlines
tickets are not transferable.
Airlines cannot get unjust enrichment at the cost of the passenger who lost his ticket and which has not been misused for a long period. Indian Airlines in the present case has
fixed validity of air tickets for six months.
But for the statutory
regulations we would certainly have struck down the condition that refund is
not permissible on a lost ticket for
all time. It will certainly appear to be
unfair trade practice and condition of
no refund in case of loss
arbitrary. We are told in the year 1992
a person had no choice except to travel by Indian Airlines. For the
present, we are not saying anything on
small print which appears on the face of the ticket that no refund is
permissible for lost ticket. There
are methods even
to save any loss that may
occasion to Indian Airlines for misuse of the tickets, if any. It is not for us to suggest to the Indian
Airlines what method it should adopt
for the purpose.
With
these observations this petition is
allowed and the order of the District
forum and State Commission are set
aside and the complaint dismissed. There will be no order as to cost.
…………………………….J.
(D.P.
WADHWA)
PRESIDENT
……………………………..J.
(C.L.
CHAUDHRY)
MEMBER
……………………………..J.
(
J.K. MEHRA )
MEMBER
………………………………
(
B.K. TAIMNI)
MEMBER