AIR DECCAN (DECCAN AVIATION LTD.) REP. BY ITS GENERAL MANAGER (LEGAL) Vs. DINESH B.V.

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner/OP against the order dated 17.04.2008 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, ˜the State Commission) in Appeal No. 736/08 - Air Deccan (Deccan Aviation Ltd.) v. Dinesh B.V. & Anr. by which, while dismissing appeal, order of District forum allowing complaint was upheld.

(2.) BRIEF facts of the case are that Complainant no. 1/Respondent no. 1 and his mother, Complainant no. 2/Respondent no. 2 booked tickets with OP/petitioner for 19.11.2006 from Bangalore to Chennai. Complainants got checked their luggage and got boarding pass. After arriving in Chennai, they were unable to get their bag and on inquiry came to know that it was misplaced and accordingly airport authorities issued endorsement in that regard. The said bag was containing valuable clothes and other articles, but could not be traced. Alleging deficiency on the part of OP, complainant filed complaint. OP -petitioner resisted complaint and denied allegation of missing of the bag and further alleged that complainant has not mentioned the weight of the alleged baggage and prayed for dismissal of the complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay 400 US$ (Rs.15,804/ -) along with Rs.1,000/ - as litigation cost. Appeal filed by the petitioner was dismissed by learned State Commission against which, this revision petition has been filed.

(3.) NONE appeared for the respondents even after service and they were proceeded ex -parte.