Remedies under consumer protection act for wrongful charging of transaction fees & refusal to accept electronic items as accompanied package in Aircrafts

 

Remedies under consumer protection Act for Wrongful charging of transaction fees & Refusal to accept electronic items as accompanied package in Aircrafts

 

Spicejet limited, Gurgaon v. Sanjay Rahar   

2017 SCC Online NCDRC 810

Facts: This is a revised petition filed by Airlines Company, Spicejet Ltd. Gurgaon against the order of State Commission. A complaint was filed by the Complainant as Rs. 125/- was charged as transaction fees inspite of DGCA circular which specifically directs that no airline should charge transaction fees and also it is Supreme Court ruling that no transaction fees should be charged. An appeal was filed by the Airline Company which was

rejected by State Commission on ground that it was barred by limitation so a revision petition was filed by Airlines Company before NCDRC against the dismissal of appeal by State Commission.

Issue: Whether State Commission was justified in declining to exercise discretion vested under Section 15 of the Act and whether order suffers from any illegality or material irregularity in order to invoke jurisdiction of this commission under its revisionary jurisdiction?

Decision: NCDRC order came with dismissing the revision petition filed by the Airlines Company against the State Commissions dismissal of its appeal. NCDRC held that State Commission has not committed any jurisdictional error in coming to conclusion that there was no reasonable ground to condone delay caused in filing appeals. National Commission held that it fails to give

any reason why there was delay of over six months on part of airline in obtaining certified copy of orders passed by district forum. Commission also found that both lower forums have returned a concurrent finding of fact that by charging transaction fees, spicejet has violated the directions issued by DGCA, a statutory body, whose directions are binding on all airline operators

 

Refusal to accept electronic items as accompanied baggage

 

M/s. Srilankan Airlines Ltd. v. Subhash Chawla

Facts: The 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. For their return journey to Delhi 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). As 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 order 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. Hence this revision petition was filed before the National Commission

Decision: The Commission held that the revision petition was partly allowed and the Petitioner was directed to pay compensation of Rs. 50,000/- to the Complainant in place of Rs.1 lakh as allowed by the District Forum in their order dated 12.12.2007, and the Petitioner shall not be liable to pay Rs. 22,671/- as baggage charges.