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Judgment
THESE two appeals are challenging the order of the District Forum; one by the opposite parties (for short, the "O.Ps.") and another by the complainants. They are heard together and disposed of by this common order.
THE complainants had purchased two Air Tickets to travel from Bangalore to New York and back from New York to Bangalore by paying a sum of Rs. 1,05,000 from the O.Ps. So far as the onward journey is concerned, the complainants have utilized the ticket. As far as the terms and conditions for the return journey is concerned, the complainants were required to travel from New York to Bangalore on or before 7.11.2002. In the case on hand, due to certain reasons, the complainants requested the O.Ps. to issued ticket to enable them to travel on 11.10.2002. THE issuing of ticket to travel on 11.10.2002 was subject to availability of seats. THE O.Ps. pleaded their inability to issue tickets to travel on 11.10.2002 as no seats were available. This made the complainants to travel in Lufthansa Airlines by spending a sum of Rs. 75,000. After returning to India, the complainants requested the O.Ps. to refund the amount paid for return tickets. But the request of the complainants was rejected by the O.Ps. and, therefore, the complainants have filed the complaint before the District Forum.
The District Forum directed the O.Ps. to pay a sum of Rs. 52,500 within a period of four weeks from the date of communication of the order of the District Forum. This Order is under challenge by both the parties.
AS per the Rule 11.4.1 referred in para 4 of the impugned order, the complainants are entitled for refund of an amount equal to the fare paid if no portion of the ticket is used. In the instant case, so far as the return journey is concerned, no portion of the tickets was used, since the said tickets were separate and distinct from the tickets for onward journey. Hence, we find no reason to interfere with the impugned order, since the District Forum has ordered to refund the money paid for the journey from New York to Bangalore. The learned Counsel appearing for the complainants submitted that the District Forum having ordered to refund the amount ought to have directed the O.Ps. to pay interest on the said amount. No doubt in the normal course, interest would be awarded on the amount ordered to be refunded. But, in the instant case, the complainants requested the O.Ps. to issue a fresh ticket by preponing the date of journey from 7.11.2002 to 11.10.2002. The said accommodation could be provided by the O.Ps. subject to availability of seats. It is not the case of the complainants that though seats were available fresh tickets were not issued by the O.Ps. If that is so, in our view, the District Forum is justified in not awarding interest on the amount ordered to be refunded.
THE District Forum has ordered to refund the amount within a period of four weeks from the date of communication of the order of the District Forum. In the appeal filed by the O.Ps., no interim order has been granted by this Commission staying the impugned order. Despite the fact that there is no interim order, the O.Ps. have not paid the amount to the complainants within the period specified in the impugned order. If that is so, the O.Ps. have committed default in the payment of the amount as directed by the District Forum. THErefore, the O.Ps. are liable to pay interest to the complainants from the date of expiry of four weeks'' time granted to the O.Ps. to pay the amount. THE impugned order is dated 5.9.2003. Immediately thereafter the said order has been communicated to the complainants. If that is so, the expiry of four weeks from 5.9.2003 will be 3.10.2003. Hence, the O.Ps. are liable to pay interest to the complainant at the rate of 9% per annum on the sum of Rs. 52,500 from 3.10.2003 till realization. Accordingly, we pass the following order in modification of the Order of the District Forum as follows: (1) The O.Ps. are directed to pay Rs. 52,500 to the complainants with interest at 9% per annum from 3.10.2003 till realization. (2) Both the appeals are disposed of accordingly.
Appeals disposed of.