INDIAN AIRLINES vs V.K. KHEMANI

SHRI V.K. Khemani is an Air Force Officer and he travelled in the Indian Airlines on 27.3.1995. His one bag containing luggage weighing about 12 Kgs. was lost and he made claim of Rs. 24,325/-. However the dispute was compromised on 19.7.1995 and complainant agreed to accept a sum of 3,000/-. The Indian Airlines remitted a cheque of Rs. 3,000/- but it was dishonoured because the requirement of two signatories was not fulfilled by the Indian Airlines at the time of the cheque was issued. SHRI V.K. Khemani, the aggrieved passenger instituted a complaint, the Consumer Disputes Redressal Forum, Chandigarh ordered on 29.4.1997 that a sum of Rs. 1000/- shall be payable as compensation and Rs. 500/- as costs. Aggrieved against it, the present appeal has been attempted by Indian Airlines.

WE have perused the record, the learned Counsel for the appellant and the respondent have been heard. It is not disputed that the cheque for Rs. 3,000/- was invalid because it was not issued by the required two signatories. The improper issuance of a cheque constituted deficiency in the circumstances of the case. The plea that the passenger should have again approached the Indian Airlines prior to institution of the complaint does not have force in the circumstances of the case. During the pendency of this complaint a fresh cheque for Rs. 3,000/- was handed over to the complainant on 26.3.1997, which was a valid one together with some interest. After considering all the facts and circumstances of the case we find no good ground for interference or reduction in the damages and costs ordered by the District Forum, Chandigarh. The appeal though in time, is hereby dismissed. Appeal dismissed.