INDIAN AIRLINES LTD Vs. ADVANCE LASER SYSTEMS LTD

JUDGEMENT

(1.) The Indian Airlines Ltd (hereinafter referred to as IAL) has filed this appeal against the order of the State Consumer Disputes Redressal Commission, Delhi in Consumer Complaint Case No. C-150/96. In the impugned order, the complaint of M/S Advance Laser System Pvt. Ltd. (hereinafter referred to as ALS) has been allowed and the appellant directed to pay compensation of Rs.10,000/-to the complainant.

(2.) To revisit the facts in very brief, Mr. Sudhir Pal, MD of the ALS was scheduled to attend an important business engagement at Aurangabad on 6.1.1996. For this, he was booked to travel by flight number IC-491 of the appellant/IAL. Allegedly, he arrived at Delhi airport sufficiently in time for the flight departing at 7:15 AM. But, he was prevented from taking the flight on the ground that he was carrying laser equipment, which could not be permitted to be carried on the flight. He had to cancel his flight at 6:15 AM which resulted in loss of the business opportunity for which he claimed rupees 10 Lakh, in addition to a compensation of rupees one lakh for the mental agony and harassment undergone by him.

(3.) From a perusal of the complaint petition and the affidavit of Mr. Sudhir Pal we find that his baggage was x-rayed at the airport. He was carrying medical laser equipment and the promotional literature for it, in two hand bags. He was informed by one official (named in the complaint as Mr. Nijhawan of the IAL) that " he could not be allowed to board the flight with the Medical laser equipments." His offer to demonstrate how it functioned and his argument that it was not a security hazard, were rejected by this official. He therefore, had to cancel his tickets, as he would have got no refund after the departure of the flight.