DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 2nd day of September, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri. Krishnankutty N.K.,Member
Date of filing: 07/01/2021.
CC/5/2021
Biju Elayidathukunnel Joseph - Complainant
S/o. Joseph,
Elayidathu House,
Karimba (PO), Palakkad -678 597.
(By Adv.B Ravikumar).
Vs
1. Air India Express,
Karipur Air port,
Malappuram Dist-673 641.
(Rep.by Its Manager)
2. Air India Express Ltd., - Opposite Parties
1st Floor, Old Operations Building,
Air India complex, Old Air port,
Santa Cruz (East), Mumbai-400 029.
Rep. by its Manager.
(Represented by M/s. Menon & Pai Advocates)
O R D E R
By Sri. Krishnankutty N.K.,Member
Pleadings of the complainant in brief.
1. The crux of this complaint is the missing of one of the baggages of the complainant during his journey from Abu Dhabi to Kozhikode by flight number IX 1348 operated by the opposite party on 29/09/2020. Complainant reported at the airport with 2 baggages, one weighing 24.50 Kg and another weighing 9. 00 Kg. The baggage weighing 24.50Kg was accepted as check in baggage and boarding pass was issued. The other bag was to be taken as hand baggage. While entering the immigration area, the security staff did not allow the hand baggage since it was weighing 9.00 Kg against the permitted weight limit of 7.00Kg prescribed for hand baggage. Hence he was forced to send this bag as check in baggage for which he had to pay AED 200 for the excess weight of this bag along with some items removed from the Laptop bag. According to him, the hand bag was containing things of daily requirement especially during the quarantine period in the Hotel, such as tooth paste, brush, tongue cleaner, soap, towel, chappal, etc.
2. On arrival at Kozhikode Airport, the baggage weighing 9.00 Kg was found missing. The matter was reported to the second opposite party and submitted & a Property Irregularity Report and other necessary documents for tracing out the bag and delivering it to the residence of the Complainant.
3. Due to Covid 19, he had to report to the quarantine centre at Kalladikkode and when he reached there by midnight, he had to face lot of hardships, because all his daily requirement items were in the lost bag which was retrieved and delivered to him on 02/10/2020. According to him, this is due to deficiency in service by the opposite party and hence he issued a lawyer notice to the opposite party asking for a compensation of Rs. 71000/-with interest @12%. Since there was no response from the opposite party he approached this Commission for reliefs.
4. Notices were issued to the opposite parties and they entered appearance and filed their version. According to them, the charges collected for excess baggage is as per the rules of the Air line Company. With regard to the baggage misplaced, as soon as the Property Irregularity Report was received, they made all efforts to track down the missing baggage and it was traced and delivered to the complainant on 02/10/2020.
Hence there is no deficiency from their side.
5. The complainant filed Chief Affidavit on 16/11/2021and marked Exhibits A1-A6 and A7 series as evidence. Opposite Party filed proof affidavit on 07/02/2022 and marked exhibits B1-B3 as evidence. The complainant has objected to the marking of B2 as it is a photocopy, and B3 as it is not signed by any authority. However there is no allegation that they are forged or fabricated.
Since this Commission is not bound by the strait jackets of Evidence Act and in the absence of any pleading that the said documents are forged or fabricated, we are accepting Ext.B1.
Since Ext.B3 is a public document and is available in the web site of the opposite parties, the said document need not be signed. Hence Ext.B3 is also taken on evidence.
6. The major issues to be examined here is whether there is any deficiency in service or unfair trade practice on the part of opposite parties in charging for excess luggage or in tracking down the misplaced baggage.
Exhibit B3 adduced as evidence, (Air India Express; Terms and Conditions of Carriage) explains clearly the Rules and Regulations regarding the handling of baggages as also the procedure for tracking down the lost / misplaced baggages. As per para 8.10,it is clear that only bags weighing 7.00 Kg can be taken as Cabin Baggage along with a laptop bag containing only laptop. This matter is also available in terms and conditions annexed to the e-ticket issued to the complainant which is marked as exhibit number B2.Hence the charges collected for the excess baggage over and above the permissible limit of 7.00 Kg is fully justified.
7. Though it is true that the complainant had to face lot of inconvenience and hardships due to the missing /misplacing of the baggage, what is to be examined here is whether the opposite party as an organisation took necessary action immediately to track down the misplaced bag as per the procedure in vogue. Exhibit B3 again explains the rules regarding delayed, lost and damaged baggage.
In the present case, the Property Irregularity Report was filed in the evening on 29/09/2020 and the bag was tracked down immediately and reached Kozhikode Airport on 01/10/2020 and delivered to the complainant on 02/10/2020.Hence there is no inordinate delay in tracking the baggage, which can be termed as deficiency in service.
In the result, the complaint is dismissed.
Pronounced in the open Court on this the 2nd day of September, 2022.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K
Member
Appendix
Exhibits marked on the side of complainant
Ext. A1–Original Ticket confirmation Receipts dated 15.09.20 issued by Op 2.
Ext. A2–Original Air India Express New Ticket Tax Invoice dated 15.09.20 issued by
Arabian Travel Agency LLC.
Ext. A3– Photocopy of property irregularity report issued by OP2.
Ext.A4-Photocopy of Cargo Receipt dated 28.09.20 issued by AL USOOD IARGO.
Ext.A5-Original Boding Pass dated 29.09.20 issued by Op 1.
Ext.A6-Original Excess Baggage Ticket dated 29.09.20 issued by OP 1.
Ext.A7-Original Lawyer Notice along with original Postal Receipts dated 27.10.20
issued by Adv.B Ravikumar.
Exhibits marked on the side of Opposite parties
Ext.B1- Letter of Authorzation issued by opposite party 2.
Ext.B2-E-Ticket printout issued by Op2 to the complainant.
Ext.B3-Air India Express Terms & conditions of carriage.
Witness examined from complainant’s side:- NIL
Witness examined from opposite party’s side:- NIL
Cost: NIL.
