EMIRATES AIRLINES Vs. SRIKANTA SAHA
LAWS(NCD)-2020-9-30
NCDRC
Decided on September 28,2020

Emirates Airlines Appellant
VERSUS
Srikanta Saha Respondents


Referred Judgements :-

AIR INDIA VS. SUSHIL KUMAR [REFERRED TO]


JUDGEMENT

- (1.) This appeal has been filed by the appellant Emirates Airlines challenging the order dated 08.01.2013 passed by the State Consumer Disputes Redressal Commission, West Bengal (in short 'the State Commission') in S.C.Case No.CC/23/2012.
(2.) Brief facts of the case are that the respondent Nos.1 & 2 travelled from Kolkata to Los Angeles via Dubai by the appellant Airlines on 05.08.2011. They boarded the flight from Kolkata to Dubai and they were to board another flight from Dubai to Los Angeles. Respondent No.1 was stopped and was not allowed to board the flight at Dubai. The Airline deported the respondent No.1 to India and respondent No.2 did not continue the travel to USA as she also came back to India along with her husband respondent No.1. Respondents filed a consumer complainant being S.C.Case No.CC/23/2012 before the State Commission alleging deficiency on the part of the appellant Airlines and claiming Rs.17,00,000/- for each of them as compensation along with refund of the ticket amount. The complaint was resisted by the appellant Airlines on the ground that there was no deficiency on the part of the appellant Airlines, rather, respondent No.1 was not allowed to travel further from Dubai to Los Angeles on the advice of the US Immigration Department informing that "Z" series Passport of the respondent No.1 was recalled by Government of India and the Passport was not valid. However, the State Commission vide its order dated 08.01.2013 partly allowed the complaint as under:- "Hence, it is ORDERED that the petition of complaint stands allowed in part on contest against the OP No.1 with cost of Rs.10,000/- and dismissed ex parte without cost against the OP No.2. The complainants are entitled to get Rs.4,24,280/- towards price of the airfares and Rs.4,00,000/- towards compensation for harassment and mental agony. The OP No.1 is directed to clear off the said amounts within 45 days from the date of this order, failing which the amounts will carry interest @ 9% per annum till realization in full."
(3.) Hence the present appeal.;


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