SHAKEB KHAN ALTAMASH Vs. THAI AIRWAYS INTERNATIONAL PCL

JUDGEMENT

(1.) This revision petition filed under Sec. 58 (1) (b) of the Consumer Protection Act, 2019 (in short, 'the Act') challenges the order dtd. 17/5/2023 of the Delhi State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in FA no. 544 of 2018 dismissing the appeal. This order will also dispose of RP no. 1613 of 2023 between the same parties which arises from the same order and agitates the same issues except for some factual details of the date and payment. For the sake of convenience, RP no. 1612 of 2023 is taken as the lead case.

(2.) I have heard the petitioner in person and the learned counsel for the respondent and have carefully perused the material on record.

(3.) The appellant contends that he booked four bags weighing 82 kgs on Flight no.TG 314 from Kolkata to Bangkok operated by the respondent as part of a business promotion visit undertaken by the appellant on 30/8/2006. Excess baggage for 55 kgs of weight of Rs.11,860.00 was paid which was acknowledged and tag numbers were issued. The baggage was found to be missing on arrival at Bangkok, whereupon a complaint was filed with the respondent. A claim of USD 19,000/- or Rs.8,74,000.00 was filed which was rejected by the respondent on the ground that the claim was fraudulent as was evident from the fact that the respondent had accused the complainant of having played fraud upon the respondent by making false claims against the respondent. Further, it was clearly evident that the client followed a pre-mediated modus-operandi in order to commit an act of fraud on the Airline that was punishable under the law. The claim of the appellant on the respondent was absolutely false and unjustified.