BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.575 of 2019
Date of Instt. 06.12.2019
Date of Decision: 25.11.2024
Jatinder Pal Singh S/o S. Paramjit Singh r/o 10-B, Burmi Colony, Ladhewali, Jalandhar.
..........Complainant
Versus
1. Air India Express, 1st Floor, 101, Vijaya Tower, Civil Lines, near SBI Main Branch, Jalandhar, through its Branch Manager/Branch Head.
2. M/s Air India Express 1st Floor, Old Operation Building, Air India Complex, Old Air Port, Santa Cruz (East), Mumbai- 400029 Through its Managing Director/Directors Authorized Representative.
Also at
Air India Express Building, Gandhi Square, D. H. Road, Kochi-682016-India.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. B. S. Kalra, Adv. Counsel for Complainant.
Sh. Umesh Dhingra, Adv. Counsel for OPs.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant was intending to go Dubai and for this purpose the complainant approached the OP No.1 at its Jalandhar Office who provided the entire details of their flights who went to Dubai and the representative of OP No.1 suggested the complainant that the complainant can book his flight through online process. Ultimately, the complainant booked his flight through online system and he went to Dubai on 08.06.2019 through flight no.IX191 having seat No.18-A and board the flight from Amritsar to Dubai. AT the time of boarding the flight the complainant was having his luggage alongwith one hand bag and at Amritsar Airport the luggage bag of complainant was taken by OPs with an assurance that the same will be handed over while reaching in Dubai. When the flight reached at Dubai destination/Airport complainant was called by the officials of Immigration Authorities at Dubai Airport and complainant went for clearance and to face the queries of Immigration Authorities. When after clearance of inquiries/queries complainant went to take the luggage bag but he found that his luggage bag was not there and after knowing this fact complainant approached the concerned officials who were the incharge of the luggage of the passengers but they did not give any satisfactory reply and rather suggested complainant to give them contact number and they will contacted complainant after tracing the luggage bag. Thereafter complainant various time approached the concerned officials at the office of OP No.1 and they noted the complaint made by the complainant and assured that the complainant will know about the destination of his luggage through email and they also told that like this matter is being looked after by Dnata Baggage Services and complaint of the complainant is forwarded to Dnata Baggage Services and later on after few days, the complainant came to know that his luggage is lying with Dnata Baggage Services and he again approached the concerned officials i.e. Dnata Baggage Services and they assured complainant that his bag has already been dispatched and it is lying at Amritsar Airport vide Tag No.TN AI542639 on flight No.IX192 on 15th June, 2019. The complainant went to Amritsar Airport to receive his luggage bag but he found that his bag has not been reached at Amritsar. Thereafter complainant various times approached the concerned officials of OP No.1 personally as well as through email approached to OP No.2, but till date no satisfactory response has been received by complainant. In the said bag complainant was having valuable documents and other items. In this manner, OPs are guilty of providing deficient services to the complainant. The complainant has suffered a great mental tension, harassment, torture and physical pain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to admit the claim of the complainant and to return the luggage bag of the complaint including the articles lying therein and further OPs be directed to pay Rs.20,00,000/- for causing mental tension and harassment to the complainant.
2. Notice of the complaint was sent to the OPs, who filed reply and contested the complaint by taking preliminary objections that neither there is any deficiency in service nor any unfair trade practice on the part of the OPs. The complainant has filed the present complaint on the basis of false and incorrect facts and as such, the same is liable to be dismissed with special cost. It is further averred that this Forum has no jurisdiction to entertain and try the present complaint. The complainant travelled from Amritsar to Dubai. No cause of action has arisen at Jalandhar and as such, this Forum is not competent to entertain and try the present complaint. On merits, it is admitted that the complainant had got booked his flight through online system for going to Dubai on 08.06.2019 and it is also admitted that the bag was sent to Amritsar Airport on 15.06.2019 and it is also admitted that the complainant contacted with the Dubai Airport on 20.08.2019 and had given detail of the loss, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for the respective parties and have also gone through the case file as well as written arguments submitted by counsel for both the parties very minutely.
6. The complainant has alleged that he got booked his flight through online system for going to Dubai on 08.06.2019 and boarded the flight from Amritsar to Dubai. He has alleged that he was having the luggage alongwith one hand bag and at Amritsar Airport, the luggage bag of the complainant was taken by the OP. This fact has not been denied by the OP that the luggage bag was deposited by the complainant with the OP. The grievance of the complainant is that when he reached at Dubai destination/airport, he was called by the officials of immigration authority and after that when he went to collect his bag, he found that his luggage bag was not there. He contacted the incharge of luggage of passengers, but they did not satisfy him and he gave his contact number to them. The complainant has alleged that he came to know that his bag is with Dnata baggage services and when he tried to approach them and to collect the bag, he found that the bag is not with them. The complainant has proved the ticket Ex.C1 and Ex.C2. Ex.C-3 is the passport. Ex.C-4 is the email received by the complainant from Dubai Airport. Perusal of the email shows that the bag with Tag No.TN AI542639 has been sent to Amritsar on flight No.IX192 on 15.06.2019. The OP has also admitted that the bag was sent to Amritsar Airport on 15.06.2019.
7. The OPs have alleged that the complainant never approached them during this period nor had filed any complaint or claim form with the OPs. The emails have been produced on record by the complainant. Perusal of these complaints and emails show that the bag of the complainant was lost on 08.06.2019. For the first time, he sent email on 30.08.2019 to the OP regarding the loss of his bag. In this email, he has admitted that he contacted with the Dubai Airport on 20.08.2019 and had given detail of the loss. In reply to the email dated 30.08.2019, the OP has informed the complainant that after investigation of the matter, they found that the complainant did not file any kind of missing report of check-in baggage to Air India staff at the time of arrival of the flight on 09.06.2019. As per emails produced on record by both the parties, it has been proved that efforts were made by the OPs to trace the bag and when they did not find any missing report with them, they deposited the bag with the AC Customs, Amritsar on 15.06.2019, which is evident from Ex.OP-5. The OPs have proved that the complainant was informed that the luggage bag has been deposited with the customs and the complainant could collect the same from the custom’s department/house, Amritsar as per the procedure, which is evident from Ex.C-4 and Ex.OP-5. Once the bag was deposited with the custom house, Amritsar, no further services were required to be provided by the OP, hence the complainant has failed to prove the deficiency in service. No negligence of OP has been proved and thus, the complaint of the complainant is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
25.11.2024 Member Member President
