Per Mr Justice A P Bhangale, Hon’ble President

1.      Both these appeals questioning the validity and legality of the impugned order dtd.24.12.2011, decided by the learned District Consumer Forum, Nagpur, whereby in the consumer complaint No.451/2010 award was passed against the opposite parties / both appellants herein, directing them to pay jointly & severally the amount incurred by the complainant in the sum of Rs.2,11,203/- on account of purchase of second ticket and the expenses incurred in the sum of Rs.13,300/- on account of halt by the complainant at Bangkok for ten hours were also awarded. While compensation in the sum of Rs.1,00,000/- on account of mental & physical harassment and incidental expenses in the sum of Rs.2,000/- were also awarded. It was also directed to comply with the order within 30 days, failing which, the abovesaid ticket expenses will carry interest @ 12% p.a. from 06.08.2010.

2.      Heard the submission at the bar.  The complainant, resident of New Zealand, had been to Nagpur at her father’s residence.  She had booked flight ticket through the agency of Trade Wings Ltd., at Sadar, Nagpur.  She was to travel from Nagpur to Delhi and then Delhi to Bangkok. While she intended to travel further by flights operated by Emirates Company from Bangkok to Auckland via Sidney, the complainant at Bangkok was asked for Transit Visa to enter in Sidney during the stopover period.  When she had asked the receptionist about procedure for obtaining said Visa, she was told that being a Sunday Australian Embassy would be closed and no Visa would be available.

3.      The submission on behalf of the Jet Airways is that since the grievance was made against Emirates Airways, it was necessary for the complainant to implead Emirates Airways as necessary party to the consumer dispute. In the absence of Emirates Airways Company or without hearing the company operating the flights concerned, award could not have been passed against the opposite parties. Merely Travel Agent is party before the Forum below, the company operating flight concerned, also becomes proper party so as to hear the parties regarding grievances made by the complainant.  According to opposite party No.2 - Jet Airlines, since the complainant travelled from Nagpur to Delhi and Delhi to Bangkok without any grievance against it, the complainant’s further grievances were in respect of flight from Bangkok to Auckland via Sidney, including grievance in respect of stopover period and transit visa demanded by the Emirates Airways.

4.      In view of this facts situation, it is but essential that the complainant ought to have impleaded Emirates Airways Company as proper party to the consumer dispute in addition to the travel agent concerned.

5.      We, therefore, direct the opposite party – travel agent to furnish full address of Emirates Company to the complainant to enable him to implead Emirates as proper party to the consumer dispute. The address be furnished to the learned advocate representing the respondent / original complainant, so that he shall do needful while amending the complaint before the Forum below. 

6.      Since, in our view, hearing of the parties concerned was an essential, we set aside the impugned judgement & order and remand the matter to the learned Forum below with a direction to the respondent / complainant to effect necessary amendment in the complaint and serve the amended copy of the complaint upon the opposite parties seeking additional party impleaded pursuant to our order.  Impugned order is therefore set aside.

7.      The learned Forum below shall hear the complaint on merits according to law after Emirates Airways is impleaded and added as party to the consumer dispute. We make it clear that we have not expressed opinion on merits of dispute.

8.      Parties shall appear before the learned Forum below on 24.10.2018 at 10.30 a.m.