INDIGO AIRLINES Vs. B PRAVEEN KUMAR

JUDGEMENT

(1.) This Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by Indigo Airlines, the sole Opposite Party in the Complaint under the Act, is directed against the order dated 01.02.2018 (wrongly shown as 01.02.2017 in the impugned order), passed by the Telangana State Consumer Disputes Redressal Commission at Hyderabad (for short "the State Commission") in FAIA No. 40 of 2018 in/and FASR No. 4045 of 2018. By the impugned order, the State Commission has dismissed the Appeal as barred by limitation, inasmuch as there was a delay of almost one year in filing the same.

(2.) The Appeal had been preferred by the Petitioner Airlines against the order, dated 22.11.2016, passed by the District Consumer Disputes Redressal Forum, Ranga Reddy (for short "the District Forum") in Complaint Case No. 43 of 2016. By the said order, while partly allowing the Complaint, preferred by the Respondent/Complainant, alleging deficiency in service on the part of the Petitioner in misplacing his baggage, the District Forum had directed the Petitioner to pay to the Complainant a total compensation of Rs. 90,000/- within a period of one month, failing which the said amount was to carry interest @ 12% p.a. for the period of default.

(3.) On 22.01.2016 the Complainant had to travel with his wife and a child from Hyderabad to Raipur by Petitioner's Flight No. 6E-466, scheduled to depart at 5.15 p.m. from Hyderabad and arrive at 6.25 p.m. at Raipur. Due to some problem between co-passengers and the Petitioner's staff at Hyderabad Airport, the flight did not take off, as all the passengers, including the Complainant, who had checked in the flight at 7.30 p.m., were de-boarded. Ultimately, at 10.15 p.m. the Complainant was checked in the flight. Though the Complainant had checked in two baggages but at Raipur he received only one baggage. According to the Complainant, the said missing baggage, inter alia, contained clothes, gold ring, cash etc. On a query, the Complainant was told that he would be getting his missing baggage by next morning. Due to the said reason, the Complainant could not go to his sister's place at Charodha, 40 kms. away from Raipur Airport, and had to stay at a hotel. Next day in the morning of 23.01.2016, the Complainant was informed that the said baggage would be coming by evening flight. However, despite waiting for three days, the Complainant could not get the missing baggage. On 29.01.2016, the Petitioner offered to compensate the Complainant by paying a total sum of Rs. 3,150/-, i.e. @ Rs. 350/- per Kg. for the weight of the missing baggage. Since the missing strolley bag itself priced at Rs. 4,500/-, the Complainant declined the offer. In the said background, the afore-noted Complaint came to be filed before the District Forum, praying for the reliefs mentioned therein.