AUSTRIAN AIRLINES GROUP Vs. ISPAT INDUSTRIES LTD.

JUDGEMENT

(1.) This Appeal has been filed by the Appellants against the order dated 02.03.2012 of the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Nagpur (in short 'State Commission') in Appeal No.25/2007.

(2.) Facts of the case are that Respondents Nos. 2 to 6/Complainants Nos.2 to 6 booked flight tickets from Appellant No.1/Opposite Party No.1. They were to perform journey from Mumbai to Vienna and then from Vienna to Pristine (Kosovo). After completing their journey from Mumbai to Vienna, Complainants Nos. 2 to 6 reported at the counter of Austrian Airlines for onward journey to Pristine, but the airline staff refused to process the tickets/boarding passes on the ground that they were not having required visa/valid travel documents. Their boarding passes issued at Mumbai were also taken away. Claiming deficiency in service on the part of the Opposite Parties/Appellants, Respondents/Complainants filed Consumer Complaint before the State Commission with following prayer: -

(3.) Complaint was contested by the Opposite Parties on the ground of maintainability since it was filed by six Complainants under Section 12 (1) (c) of the Consumer Protection Act, without prior permission of the Commission. Complainant No.1 was company and there was no Board resolution in the name of Mr. Anil Kumar, Power of Attorney holder. There were also disputed facts involved in the Complaint regarding availability of valid documents for travelling to Pristine (Kosovo) and those disputed facts could not be decided in summary proceedings before the Consumer Forum. As Complainant No.1- Company had hired services of the Opposite Parties for commercial purpose, the Complainants were not Consumers. On merits, Opposite Parties stated that the Complainants were negligent as they failed to produce requisite documents before the competent authority. Opposite Parties contended that the boarding passes were issued to Complainants Nos. 2 to 6 in good faith that they were holding requisite documents with them. Complainants did not produce any evidence regarding invitation from of Llamkos Steel LLC, Vushtri, Kosovo.