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Judgment
ON account of having off-loaded in spite of being in possession of the confirm ticket, the appellant has been vide impugned order dated 19. 8. 2002 directed to pay taxi fare from Delhi to Sikar and from Sikar to Delhi amounting to Rs. 4,400 along with interest @ 12% together with costs and damages amounting to Rs. 10,000.
FEELING aggrieved the appellant has preferred this appeal. While justifying the offloading the respondent took the plea that due to no show by many passengers all over the world a practice had been adopted for over booking of the passengers in order to avoid wastage of foods and also empty seats and, therefore, it cannot estimate exact number of passengers reporting and the case of the respondent was falling within such category.
In our view this defence of the appellant is highly frivolous and unacceptable. Once the Airlines issue a confirmed ticket with confirmed status it has no business to offload the passenger. If they want to avoid wastage of food and also empty seats they can have a waiting list of the passengers but in no eventuality any passenger with confirmed ticket can be put into jeopardy by offloading him after he reaches the airport well in time. The mental agony and the trauma suffered by such passenger is immense.
IN our view the interest awarded by the District Forum was not permissible under the law as the interest is awardable by way of compensation and once compensation is awarded the interest cannot be awarded. In the result, the appeal is partly allowed by setting aside the interest and maintaining the rest of the order. The payment shall be made within one month from the date of receipt of this order.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and, thereafter, the file be consigned to Record Room. Appeal partly allowed.