SASHIKALA MOHANTY vs URMILA DUTTA

THE order of the District Forum directing the appellant to pay to the respondent No. 1 a sum of Rs. 10,000 as compensation and Rs. 500 as cost is the subject matter of challenge in this appeal filed on behalf of M/s. Utkal Travels and Tours.

THE case of the contesting respondent is that she along with her husband and two sons made a programme to go to Port Blair on L.T.C. For this the appellant was contacted who is a travelling agent. THE respondent booked four number of air tickets through the appellants from Calcutta to Port Blair Air Port in the month of August, 1997. THE appellant informed them that the tickets for the flight had been confirmed for 2nd January, 1998 at 6.30 a.m. and the return date was 8.1.1998 by C.D. 285 and 286 flight respectively. THE appellant accordingly handed over four to and fro Indian Airlines tickets. Subsequently, the appellant informed them that the return journey had been confirmed on 11.1.1998 instead of 8.1.1998. THE contesting respondent with his family members reached Kolkata on 1.1.1998 and enquired at Kolkata Airport counter regarding confirmation of their flight tickets. THEy were told that the inward journey from Kolkata to Port Blair had been confirmed but the return journey was in waiting list number 82 to 85 and there was no possibility of getting confirmed tickets before 25.1.1998. However, they reached Port Blair and after staying for some days contacted airport office for their confirmation for 11.1.1998. But to their bad luck no confirmation ticket was made available. However they managed to return on 17.1.1998 from Port Blair to Kolkata. THE allegation of the contesting respondent No. 1 is that due to unfair trade practice of the appellant they suffered mental agony, harassment and financial loss. Had they been not informed that the return journey was confirmed for 11.1.1998 they would have made some alternative arrangements. The appellant filed written version denying the allegation.

There is no dispute that the appellant is a travelling agent and runs the business professionally. It arranges flight ticket as and when requested by passengers. There is no dispute that a sum of Rs. 46,900 was paid to the appellant for tickets. The appellant infact had given eight number of tickets to and fro from Kolkata to Port Blair and together with return tickets. It is also undisputed that the contesting respondents were in the waiting list for the scheduled date on 11.1.1998. But the appellant informed them that the return journey from Port Blair to Kolkata on 11.1.1998 was confirmed. Obviously, it was a wrong and incorrect information furnished to the travelling respondent No. 1 and family which amounts to unfair trade practice. Since the appellant is a travelling agent, contesting respondent had to believe its version that their return journey for 11.1.1998 had been confirmed by the Indian Airlines which was not a fact. Consequently, they had to over stay at Port Blair and must have spent money which was beyond their expectation. They must have also undergone mental suffering. In these circumstances, the District Forum has rightly granted compensation of Rs. 10,000 to the contesting respondents.

FOR the reasons mentioned above, we do not find any merit in this appeal, which is accordingly dismissed. No costs. Appeal dismissed.