INTER GLOBE AVIATION LIMITED Vs. A.N. MAHESH

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India, the petitioner inter alia seeks a writ of certiorari for the quashment of order dtd. 24/5/2019 as well as order dtd. 20/6/2019 passed by District Consumer Forum as well as Karnataka State Consumer Disputes Redressal Forum. In order to appreciate the petitioners challenge to the impugned order relevant facts need mention which are stated infra.

(2.) The petitioners are a low cost airline operator which undertakes scheduled commercial flights to various destinations within India and abroad under the name and style of 'Indigo'. The Respondent No.1 booked an air ticket for his travel on 5/12/2016 from Bangalore to Delhi. The Respondent No.1 carried a power bank in his check in baggage which was identified by the security personnel at the Kempegowda International Airport during the screening. Accordingly, the checked-in baggage was not allowed to be embarked into the aircraft.

(3.) The Respondent No.1, thereupon, filed a complaint before the District Consumer Forum on 8/5/2018. The petitioners filed their written response and the matter was posted for the evidence of the complainant. The complainant was examined as PW1 on 27/3/2019. The petitioners prepared the evidence affidavit of its witness and the same was sent by courier to Bangalore. The petitioners sought to file the examination in chief of their witness by way of affidavit, however, the District Forum refused to take the affidavit evidence on record unless the witness is personally present. The matter was adjourned to 24/5/2019. On the aforesaid date, the witness of the petitioners was present and the petitioners sought to file an affidavit stating that it would not take the affidavit evidence on record on the ground that it was too lengthy. However, in the order sheet, the aforesaid was not recorded and the matter was adjourned to 19/6/2019.