CPA: both travel agent and airlines are jointly and severally liable to pay compensation

  In Air India Vs Harpreet Singh & Ans. reported in III (2003) CPJ 123 (NC) wherein the ticket was not reconfirmed by the passenger, the National Commission has held that there was no question of reconfirmation when travel agent had issued a ticket with confirmed status.  The relevant portion of the judgement is reproduced as under:                                                                                                     

“Both these points are without substance.  Travel agent was the accredited agent of IATA of which Air India is a Member.  An argument that Air India could not suffer for the fault of the agent is against the basic principles of law particularly against the provisions of the Contract Act.  Air India is certainly liable for the negligence of its agent.  Ticket was purchased on 23.02.1999 and Harpreet Singh, the passenger, was to take the flight on 25.02.1999, within 72 hours of purchase of the OK ticket.  There was no question of any reconfirmation when travel agent had issued a ticket with confirmed status.  Harpreet Singh was to join university in Sydney on 01.03.1999 for higher studies.  We have not been shown any condition requiring confirmation in a case like the present one.”

  The National Commission in Express Travel vs M.R. Shah III (2002) CPJ NC has held that both travel agent and airlines are jointly and severally liable to pay compensation.