JUDGMENT - RANE M.S., President:---We are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available before us and on hearing the learned Advocates for the parties as above and on perusal of the documents, which were made available during the course of arguments. 2. For brevity's sake, appellants hereinafter are referred to as "Air India" and respondent Nos. 1 2 as "Complainants". 3. The Air India has filed this appeal against the order dated 31-1-02 passed by the District Forum, Nagpur holding it deficient in rendering services to the complainants in the matter of their journey in its Aircraft from India to San Francisco (U.S.A.), for which they had reserved tickets from its Authorized Agents at Nagpur/respondent No. 4 herein, with the Air India by paying required fare charges, as also other charges and so holding, Air India has been ordered and directed to pay a sum of Rs. 62,031/- being the amount paid by the complainants for purchasing air tickets for return journey from San Francisco to India, plus Rs. 50,000/- as compensation on account of agonies and harassment suffered by the complainants. 4. Few relevant facts : The facts as obtained in the matter herein are indeed revealing and shocking that Air India, which is a major agency, operating its flights in the country, as also abroad, as a major Air carrier had conducted itself, which is apart from being deficient and as such gross negligent, an attitude exhibited by, it is also shocking and most disturbing. 5. The factual aspects are as under : Complainant's are husband and wife and they had booked return tickets of air journey from Delhi to San Francisco (U.S.A.), date of journey being 10th and 11th June, 1999 from the respondent No. 4, an authorized agent of Air India. As the complainants are resident of Wardha, they purchased the tickets from respondent No. 4 who are original O.P. No. 3 in the complaint based at Nagpur. Tickets were purchased on 26-4-99 by paying necessary fare of Rs. 73,958/-. According to the complainant, O.P. No. 3 Sales Agent of Air India at Nagpur issued tickets to the complainants on the basis that journey from Delhi to San Francisco was confirmed, while for return journey the option was kept open. Tickets were purchased on 26-4-99 by paying necessary fare of Rs. 73,958/-. According to the complainant, O.P. No. 3 Sales Agent of Air India at Nagpur issued tickets to the complainants on the basis that journey from Delhi to San Francisco was confirmed, while for return journey the option was kept open. In paragraph 2 of the complaint, complainants have recounted, the horrendous experience which they had to face at Delhi Airport itself and we quote as it appears, which would make the position clear : "At that time a lady at the counter of Asiana Airlines prepared the boarding passes of the applicants only upto Seoul and told the applicants that their tickets were confirmed only upto Seoul and the tickets from Seoul to San Francisco were not confirmed. She further told the applicants that she can issue boarding passes only upto Seoul, but regarding second leg of journey the applicants" will have to go on their own risk". The applicants were stunned and astonished to hear it, as according to normal procedure boarding passes are issued for the entire journey at the place of origin i.e. at the first air port from where the tickets are booked." 6. It is further noticed that complainants were tossed from Air India counter to that of Asiana like a shuttle cock. Attendants at the counters of the Air India as also that of Asiana, besides being polite, courteous, and good enough in their behaviour towards the complainants, as also other 12 passengers, also did not render assistance and were indifferent towards the miserable plight of the passengers which turned to be nightmares experience. If one reads the averments as appearing in the complaint, in fact the complainants and other passengers placed in the same situation were treated by the persons at the Foreign Air Port as criminals. Journey was continued from Delhi to Seoul on 11-6-99 with great hustle. But the nightmares experience continued even thereafter and what had happened at the Seoul has been graphically narrated by the complainants in their complaint. 7. Complainants have stated that the agencies and personnel's of the Air India at the counters did not extend the requisite co-operation and virtually the complainants as also other passengers were left unattended and in a lurch. 8. 7. Complainants have stated that the agencies and personnel's of the Air India at the counters did not extend the requisite co-operation and virtually the complainants as also other passengers were left unattended and in a lurch. 8. Being fed up, the complainants decided to return and enquired the Asiana agency on 23-8-99 about the return journey and they were told that their seats were not confirmed on the flight. Complainant No. 1 immediately faxed a letter to the appellant No. 2/org. O.P. No. 2 at Nagpur and he was told to contact Mr. Bharatan from Air India office at Los Angles in the matter. 9. What transpired has been graphically averred by the complainant in paragraph 8 of the complaint, which we reproduce...... "On 27-8-99 the applicants again contacted Asiana Airlines, who then revealed that the reservations from San Francisco to Seoul were confirmed but those Seoul to Delhi were not confirmed and refused to issue boarding passes upto Delhi. Again the applicants contacted Mr. Bharatan at Los Angles, as suggested by the N.A. No. 2, but he expressed his helplessness about the second leg of journey i.e. from Seoul to Delhi. On the airport also the condition did not change." 10. It is in these circumstances that the complainants were compelled to purchase tickets of Singapore Airlines from San Francisco to Mumbai spending about 1426 US Dollars equivalent to Rs. 62,031/- and they could return only on 7-9-02 and till they were stranded at San Francisco. 11. Applicants on 20-10-99 served notice upon the Air India through their Advocate narrating their horrendous experience of the journey abroad and pointing out deficiency in service on the part of the Air India and their employees and agents, but even no courtesy was extended by the Air India to acknowledge the Advocate's notice, compliance apart. 12. On this background, complainants claimed a sum of Rs. 3,48,331/- furnishing particulars as under : (refer paragraph 12 of the complaint). 1. Expenses at Delhi on 11-6-99 Rs. 3,000/- 2. Fare of 2 Air tickets from San Francisco to Mumbai Rs. 62,031/- 3. Cost of extra stay in USA Rs. 78,300/- 4. Loss of Practice for 9 days Rs. 5,000/- 5. Physical Mental Torture Rs. 2,00,000/- ------------------ Total claim ... Rs. 3,48,331/- =========== 13. It is in these circumstances, that the complainants were required to approach the District Forum claiming the amount as above. 14. 62,031/- 3. Cost of extra stay in USA Rs. 78,300/- 4. Loss of Practice for 9 days Rs. 5,000/- 5. Physical Mental Torture Rs. 2,00,000/- ------------------ Total claim ... Rs. 3,48,331/- =========== 13. It is in these circumstances, that the complainants were required to approach the District Forum claiming the amount as above. 14. Air India who were noticed responded to the notice as also filed the written statement. We have carefully gone through the written statement filed and at the outset, it needs to be stated that same is delightfully perfunctory and vague and does not deal with the basic facts as have been averred by the complainants in their complaints as briefly adverted to herein above. Written statement shows that the Air India is passing the buck upon their agent M/s. Asiana Airlines with whom they had certain arrangements. A cat has been let lose out of bag by the Airlines when they came out with their defence in paragraph 7 of the written statement which makes interested reading. We reproduce the same : 15. "With reference to paragraph 8 of the Complaint, it may be noted that Air India's computerized reservation system was showing that applicants passengers journey for the Sector Delhi, Seoul, San Francisco as confirmed and similarly for the Sector San Francisco-Seoul-New Delhi as confirmed. It was a system fault of M/s. Asiana Airlines that part of the Sector was shown as confirmed further part is shown as not confirmed". (Underline supplied) 16. It is most pertinent and relevant to note that despite the fact that the complainants have narrated in their complaint, the nightmares experience that they had to undergo, humiliation, inconvenience and suffering to greater extent, there is no even a word of remorse expressed by the Air India in their written statement. We further notice that Air India made half heartedly attempt to have M/s. Asiana Airlines their agent to make as O.P. in the complaint by moving application before the District Forum, which we are told, the District Forum rejected and in our view, rightly, since the complainants have direct privy with the said Asiana agency, and particularly when Air India as Principal were the parties. It is relevant to note that Air India, after rejection of its application by the District Forum, left the matter at that. 17. It is relevant to note that Air India, after rejection of its application by the District Forum, left the matter at that. 17. District Forum examined the rival claims and contentions of the parties and in particular, Fax transmitted on 29-8-02, inanimated from their record by way of internal correspondence, which appears on page No. 79 of the compilation, where there is clear admission on the part of Air India that their agent M/s. Asiana Airlines had no record of their booking and confirming seats of the complainants. The fact remains that the said message clearly shows that care was not taken for in ensuring smooth and comfortable journey of the passengers like the complainants. 18. District Forum with such facts and situation, held Air India being deficient and has proceeded to make Award as pointed out herein above. As stated, Air India has come in appeal against the said order. 19. With the facts as have been narrated herein above and which we have noticed from the pleadings and material available in this paper book, we are of the view that findings of the District Forum that the deficiency alleged by the complainants against Air India stands established are well merited. Indeed the same are of most serious and of reprehensible nature. So holding the District Forum has proceeded to Award sum of Rs. 50,000/- as compensation to both the complainants and sum of Rs. 62,031/- for the purchase of Air ticket spent by the complainants for the purchase of air ticket. 20. We do not find any merit in the appeal. We have gone through the grounds as set out in appeal memo. In fact some of the grounds in particular, ground Nos. 14-17 only reveal an indifferent and insensitive attitude of the Air India towards its passengers, who are the hirer of their services as Consumer for consideration rather than their comforts and inconvenience. For all these reasons, we do not find any merits in this appeal and we are proceeding to dismiss the same. ORDER “1. Appeal is dismissed and order of the District Forum stands confirmed. 2. Appellant shall pay cost of Rs. 50,000/- to the complainants in this appeal. 3. Office shall furnish copies of the order to the parties.” Appeal dismissed. -----