Kerala

Trissur

CC/09/315

P.Prakashan - Complainant(s)

Versus

Air India Baggage Services - Opp.Party(s)

Adv.A.D.Benny

27 Feb 2012

ORDER

CONSUMER DISPUTES REDRESSAL FORUM AYYANTHOLE THRISSUR-3

Complaint Case No. CC/09/315   1. P.Prakashan Panikkaparambil House,Chittilappilly Thrissur Kerala ...........Complainant(s) Versus 1. Air India Baggage Services Air India Ltd,Nedumbassery Air Port,Cochin Ernakulam Kerala 2. Manager Air India Office,Sakthan Thampuran Nagar,Thrissur Trissur Kerala ............Opp.Party(s)

BEFORE:     HONORABLE Padmini Sudheesh PRESIDENT   Rajani P.S. Member   Sasidharan M.S Member

PRESENT: Adv.A.D.Benny, Advocate for the Complainant 1

ORDER   By Smt.Padmini Sudheesh, President              The complaint is filed against Air India with regard to missing of baggage. It is the case that the complainant travelled to Kochi from Soudi Arabia on 2/1/09. It was realized that one baggage was missing. Even if complained to respondents the baggage was not obtained. So this complaint is filed for compensation along with the cost of items in the baggage.           2. The respondents filed their version by challenging the territorial jurisdiction of this Forum. It is stated that there is no allegation in the complaint so as to bring the instant complaint within the jurisdiction of this Forum. It is also stated that even if the 2nd respondent has an office in Thrissur it does not confer any jurisdiction in this Forum to entertain the complaint. Since these type of issues to be disposed at the threshold we heard the maintainability of the case.          3. As stated by the opposite parties there is no averment so as to bring this complaint within the jurisdiction of this Forum. It is stated that the complainant was travelled from Soudi Arabia to Kochi on 2/1/09 by flight No.928G. It is further stated that while reached one baggage was seen missing. There is no averment that when the petitioner realized the baggage missing. Whether it was at Kochi or in Thrissur is not stated in the complaint. From the averment it can be seen that he has realized the same while he was at Kochi. The complaint is filed before this Forum by making the 2nd respondent in the party array. As held by Hon’ble National Commission and stated by the Forum in several other cases, the existence of a branch office will not confer jurisdiction to that Forum. There is no cause of action at all in Thrissur within the territorial jurisdiction of this Forum. The complaint should file in Ernakulam Forum, where the 1st respondent office is situated.          4. In the result the complaint is dismissed as not maintainable.       Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 27th day of February 2012.

[HONORABLE Padmini Sudheesh] PRESIDENT   [ Rajani P.S.] Member   [ Sasidharan M.S] Member