HAJ COMMITTEE OF INDIA Vs. MOHD AYUB TONK

JUDGEMENT

(1.) The complainant / respondent went for Haj pilgrimage arranged by the petitioner Haj Committee of India. While returning to India after the pilgrimage, the complainant was carrying 13 bags, which he deposited with the officials of OP-5 in the consumer complaint, namely, Director Aircraft Acquisition, Al Wafeer Airlines. The case of the complainant is that out of 13 bags, nine bags were returned to him while four bags were not returned by OP-5 in the consumer complaint. Being aggrieved, he approached the concerned District Forum by way of a consumer complaint impleading not only Al Wafeer Airlines but also the Haj Committee and its officers as the opposite parties in the complaint.

(2.) None of the OPs filed a written version contesting the complaint. The District Forum, therefore, allowed the consumer complaint against all the OPs. Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. However, OP-5 in the consumer complaint was not impleaded as a party to the appeal. The said appeal having been dismissed, the petitioner is before this Commission by way of this revision petition.

(3.) This is complainant's own case that all the 13 bags were handed over by him to the officials of OP-5 in the consumer complaint, namely, Al Wafeer Airlines. If four out of those 13 bags have been lost, the grievance of the complainant would be against Al Wafeer Airlines and not against Haj Committee even if the Airlines was engaged by Haj Committee for the purpose of carrying the complainant to India. Therefore, the Fora below were not justified in allowing the consumer complaint against the persons other than Al Wafeer Airlines.