Kannoth Pudiyavitil & Ors.................................................................................

Complainants

Versus

Kuwait Airways Corporations & Anrs..........................................................Opposite Parties

1.The Complainants filed under section 11 (1) of Consumer protection act, 1986 on 8th
September, 2010 before the District Consumer Disputes Redressal Forum, Chennai (South),
O.P. No. 375 of 2010.

2. The complainants are Husband and Wife, Resident of B 17, Sakthi Towers, 107 Gandhi
Salai, Velachery, Chennai- 600042.

3. The complainants booked their tickets through O.P. 2 EC Travel House, an international
travel agency providing travel related services through a network of computer reservation
system, as an agent of International and Domestic airlines including the O.P. 1 that is
Kuwait Airways (No. 5 Temple Towers, 476, Anna Salai, Chennai).

4. The O.P. 3 Kuwait Airways Corporations (401, 4th floor, Ashoka Estate, No. 24,
Barakhamba Road, New Delhi) is the principal of the O.P. 1.

5. The complaints have submitted that they come under the definition of consumer under
section 2(1)(d) of Consumer Protection act, 1986. They have filed for deficiency in service by
the opposite parties.

6. The complainants submitted that their tickets were for travel from Chennai to New York
(JFK) on 24-02-2010 and return from Orlando – New York to Chennai on 1-06-2010 via
Kuwait with transit time within 2 hours at Kuwait Airport in both directions.

The itineraries are as follows.

24-2-2010 Chennai/Kuwait KU 344 – 5:20 am/8:10 am.

24-2-2010 Kuwait/New York KU 117- 10:00 am/3:15 pm.

24-2-2010 New York/Orlando DL *Flight number and time not mentioned*

Return

1-6-2010 Orlando/New York DL 118- 2:37 pm/5:22 pm.

1-6-2010 New York/Kuwait KU 102- 10:00 pm/7:35pm (2-6-2010)

2-6-2010 Kuwait/Chennai KU 343- 8:50pm/ 4:00am (3-6-2010)

7. On their return journey (1-6-2010) the complainants were informed that there was no
flight from Kuwait to Chennai (2-6-2010) as originally scheduled and the flight has been
postponed to 4-6-2010.
8. As the complainants were having no visa to stay in Kuwait for more than 48 hours, they
were advised to cancel the tickets and book afresh journer from JFR to Mumbai. The
complainants submitted that their was no flight to Chennai on 2-6-2010 and the travel agent
had booked the tickets wrongly. The complainants were not informed of the flight schedules.

9. The complainants had no tickets to travel from Mumbai to Chennai and they had to spend
nearly Rs. 20,000 for tickets and baggage.

10. The flight rescheduling was done on 30-3-2010 and the O.P. 2 was intimated on 29-1-
2010 about the said change of flight time by O.P. 1/O.P. 3.

11. The prayers in the complaint were as follows-

a) Reimburse an amount of Rs. 20,000 incurred by the complainants towards their

unscheduled trip from Mumbai to Chennai on 3-6-2010.
b) Pay a compensation of Rs. 5 Lakhs for the mental agony and deficiency of service.
c) Pay a compensation of Rs. 1 Lakh as punitive damages.
d) Pay a sum of Rs. 5,000 towards costs and expenses.

12.