CHAIRMAN, OFFICE OF THE INDIAN AIRLINES LTD. vs HASMUKHRAY SHANTILAL VADODARIA

THIS appeal arises from order dated 31.1.1998 rendered by the learned Consumer Disputes Redressal Forum, Bhavnagar in Case No. 149 of 1993 directing the opponent Indian Airlines to pay to the complainant Rs. 1,647/- with interest @ 12% p.a. from 25.11.1993 and cost quantified at Rs. 500/-. Opponent Indian Airlines has canvassed this order in the present appeal.

THE facts of the case are more or less not disputed. THE complainant had purchased air tickets for his scheduled travel from Ahmedabad to Delhi for 1.12.1992. It was not a confirmed ticket and he was at Wait List No. 5. Unfortunately for him, he lost the ticket as the same was misplaced. As there was no alternative except to travel on the same day, he informed the concerned officer of the opponent airlines at the airport about he having lost the ticket and he was informed that he could travel on Wait List 5 as it was possible for the opponent airlines to accommodate him but he would have to purchase fresh ticket. THE complainant had to purchase fresh ticket on account of his compelling circumstances of travelling on the same day from Ahmedabad to Delhi. It was his case before the learned Forum that since no one had claimed any refund on the ticket which he lost/misplaced, it would amount to unjust enrichment on the part of the opponent airlines and there was no reason for not granting him refund. He accordingly issued notice to the opponent airlines on 5.7.1993. THE opponent airlines replied the said notice on 1.8.1993 and set out relevant regulation which would negative the case of refund of lost ticket. THE learned Forum negatived the contention of the opponent airlines while distinguishing the regulation as also the decision cited on behalf of the opponent airlines. That decision has been referred from III (1996) CPJ 258. In this appeal, no one remained present on behalf of the respondent (original complainant). On equity grounds, we had made a suggestion to the learned Advocate appearing for the opponent airlines to consider refund without compensation as it was not the case of the opponent airlines that anybody else presented the lost ticket and refund was given upon such presentation of the ticket in question. However, since the regulations are statutory in nature, the opponent airlines has conveyed through its learned Advocate that it would not be possible to make an exception. Under the circumstances, we consider the matter on merits.

As stated above, the facts are not in dispute. It is an admitted fact that the lost ticket was never found out or traced out by the complainant even after the travel was over. It is also an admitted fact that till up to the filing of the complaint, the lost/misplaced ticket was not presented for enabling the opponent airlines to issue refund. Under such circumstances, it has been submitted that the opponent airlines would not be obliged to grant refund in absence of the ticket. Reference in this connection has been made to a recent decision of the honourable National Commission in the case of Indian Airlines Ltd. v. N.N. Kini & Anr., reported in II (2001) CPJ 56 (NC). Similar question arose before the National Commission, who, while making following observations concluded that the regulations in question could not be by-passed. The said regulations are quoted in the decision and accordingly refund would be made by concerned airlines only against documents surrendered and no claim would be entertained against lost document. We, therefore, first quote the observations and then proceed with this order : "Before concluding, however, we may observe that the Indian Airlines Cancellation and Refund Regulations allowing refund only if the original tickets are produced would appear to be rather archaic in today''s situation when there is explosion in communication and spread of vast computer network 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 of six months. But for the statutory regulations we would certainly have struck down the condition that refund is not permissible on a lost ticket of 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." It might be submitted on behalf of the complainant that the aforesaid Rule 6A/Regulation 8 quoted by opponent airlines would not apply to a ticket which is wait-listed and not confirmed. In our considered opinion, whether the ticket is confirmed ticket or wait-listed ticket, that would be covered under the word ''document'' used in the afore-referred regulation/rule. A wait-listed ticket would as much be a document as confirmed ticket. Hence, the regulation/rule would be applicable to the facts and circumstances of the present case also. To reiterate, the rule/regulation is about the refund being made only against surrender of document and when that document is stated to have been lost, no claim could be entertained by the opponent airlines.

UNDER the aforesaid circumstances, we have no alternative except to set aside the impugned order and dismiss the complaint. However, we would like to recommend to the opponent airlines to consider the aforesaid observation of the National Commission in its true spirit and make efforts to give refund to the consumers like the present complainant without compensation or interest, in case the amount has not been paid to anyone else. In the result impugned order dated 31.1.1998 rendered by the learned Consumer Disputes Redressal Forum, Bhavnagar in Case No. 149 of 1993 is hereby set aside. The complaint will stand dismissed. This appeal is accordingly allowed, with no order as to costs throughout. Appeal allowed.