State Consumer Disputes Redressal Commission
Smt. Nidhi Agarwal vs Emirates Airlines on 5 January, 2018
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/114/2017 (Arisen out of Order Dated 28/12/2016 in Case No. CC/490/2013 of District Howrah) 1. Smt. Nidhi Agarwal D/o Sri Rajesh Agarwal, 48, Jatindra Mohan Avenue, Kolkata - 700 006. 2. Smt. Aditi Agarwal D/o Sri Rajesh Agarwal, 48, Jatindra Mohan Avenue, Kolkata - 700 006. 3. Smt. Archana Agarwal W/o Sri Rajesh Agarwal, 48, Jatindra Mohan Avenue, Kolkata - 700 006. 4. Sri Rajesh Agarwal S/o Lt. Hari Shankar Agarwal, 48, Jatindra Mohan Avenue, Kolkata - 700 006. 5. Sri Nikhil Agarwal S/o Sri Rajesh Agarwal, 48, Jatindra Mohan Avenue, Kolkata - 700 006. 6. Smt. Pushpa Agarwal W/o Lt. Hari Shankar Agarwal, 48, Jatindra Mohan Avenue, Kolkata - 700 006. ...........Appellant(s) Versus 1. Emirates Airlines 83, Trinity Towers, Gr. Floor, Topsia Road, Govinda Khatick Road, Kolkata- 700 046. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Appellant: Mr. A. K. Rai, Advocate For the Respondent: Mr. Manoj Kumar Tiwari., Advocate Dated : 05 Jan 2018 Final Order / Judgement Sri Shyamal Gupta, Member
This Appeal is directed against the order dated 28-12-2016 passed by the Ld. District Forum, Kolkata, Unit-I (North) in C.C. No. 490/2013 whereof the complaint has been dismissed.
Case of the Complainants, in short, is that they booked 5 air tickets of the OP airline for visiting to & fro London through its travelling agent. However, when they reported at the check-in counter, the OP refused to issue any boarding pass to them on the plea that price of the tickets were not remitted to them by the concerned travelling agent. Feeling humiliated, they filed the complaint.
OP's case, in contrast, is that the instant complaint is bad for non-joinder of necessary party as the concerned travelling agent, M/s Paras Travels has not been made a party to this case. It is stated by the OP that payment to airline is made by concerned Travel Agent within a certain period on a regular basis and since M/s Paras Travels did not remit the price of tickets to this OP, the concerned air tickets were suspended on 13-04-2011.
Decision with reasons Ld. Advocates of the parties are heard on the issue and perused the material on record.
It appears from the impugned order that the Ld. District Forum cast great aspersion on the very integrity of the Appellant No. 4, who happens to be the owner of M/s Paras Travels for not remitting the price of the air tickets to the Respondent. It further appears from the impugned order that the Respondent cancelled the agency of the Appellant No. 4 for indulging in financial irregularities.
We are fully at one with the Ld. District Forum that insofar as M/s Paras Travels, owned by the Appellant No. 4, did not remit the price of the air tickets to the Respondent, it was fully justified suspending/cancelling the said bookings in advance and since the Appellant No. 4 was well aware of it, the onus was upon him to duly apprise such fact to the concerned travellers.
Hindsight, it is said, brings wisdom. However, it seems, Appellant No. 4 is an exception. It is indeed strange that the Appellant No. 4, instead of being repentant of his own conduct, not only unnecessarily dragged the Respondent before the District Forum and this Commission, but also accused the Ld. District Forum of acting illegally and with material irregularity in passing the impugned order. It appears that the agency of M/s Paras Travels was cancelled by the Respondent following detection of large scale irregularities in its affairs with the Respondent airline.
Considering all aspects, we deem it fit and proper to dismiss this vexatious Appeal with cost.
Hence, O R D E R E D That the Appeal stands dismissed on contest against the Respondent with cost Rs. 75,000/-, out of which Rs. 25,000/- should be paid by the Appellant No. 4 to the Respondent and balance amount be deposited by him with the State Consumer Welfare Fund within 40 days hence. The impugned order is hereby affirmed. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER