M/S. SRILANKAN AIRLINES LTD Vs. SUBHASH CHAWLA

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 by the petitioner against the impugned order dated 29.01.2008 passed by the Delhi State Consumer Disputes Redressal Commission (for short 'the State Commission') in two appeals filed before them, i.e., Appeal No. A-08/18 "M/s Srilankan Airlines Ltd. versus Sh. Subhash Chawla" and Appeal No. A-08/60 "Sh. Subhash Chawla versus M/s Srilankan Airlines Ltd" vide which, while dismissing both the appeals, the order dated 12.12.2007 passed by the District Consumer Disputes Redressal Forum, K.G. Marg, New Delhi in consumer complaint no. CC/624/06 filed by the present respondent allowing the complaint was upheld.

(2.) Brief facts of the case are that complainant Subhash Chawla along with his wife and two children made an excursion tour of Singapore, Malaysia, etc. and booked tickets from Srilankan Airlines through the agent M/s. D. Paul's Travels. They were provided return air-tickets of Srilankan Airlines with confirmed seats booking from New Delhi to Malaysia on 10.4.2006, Malaysia to Singapore on 15.4.2006 and from Singapore to New Delhi on 21.04.2006. For their return journey to Delhi on 21.04.2006, when the complainant and his family reached Changi Airport, Singapore on 21.04.2006, the staff of Srilankan Airlines refused to accept their baggage which included a Sony television. The television set had to be brought by another aircraft as unaccompanied baggage for which they were charged Rs.22,671/- (equivalent to 775 Singapore dollars).

(3.) As per the complainant, he could not get the benefit of custom duty free allowance at Delhi Airport and had to further spend an amount of Rs.1,000/- on transportation. The version of the respondent was that the weight and measurement of the television set was in excess of the permissible limits and moreover, the television set, being an electronic item, was not permitted to be carried as accompanied baggage by the Airlines. The complainant filed a complaint before the District Forum and the said Forum vide their order dated 12.12.2007 allowed the same and asked the OP/petitioner to reimburse a sum of Rs.22,671/- for their wrongful refusal to carry the television set on the aircraft. The District Forum also allowed a sum of Rs.1,00,000/- as compensation for mental agony and harassment to the complainant for deficiency in service. A sum of Rs.10,000/- was also allowed as cost of litigation. Two appeals were filed against this order, one by the complainant for enhancement of compensation and the other by the petitioner, but both the appeals were dismissed vide impugned order. It is against this order that the present petition has been filed.