BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM :: CACHAR :: SILCHAR

Con. Case No. 7 of 2019

1. Sri BiswajyotiChakraborty

            Son of BinodeBihariChakraborty

2. Smti. PurnaChakraborty

W/o Sri BiswajyotiChakraborty

Both are residents of Banipara, Clud Road, Silchar. ………….… Complainants

                                                            -V/S-

1. Air India Limited, 113, Airlines House,

GurudwaraRakabganj Road,

Parliament Street, Delhi-110001. ………………………………   O.P No.1

2. The Station Manager, Air India

Mumbai Airport, Sahar, Mumbai-400099. ……………………  O.PNo.2

3. The Station Manager, Airlines House, Air India,

39,C.R. Avenue, Kolkata, West Bengal-700012 ……………… O.P No.3

4. The Station Manager, Air India,

Silchar, Cachar, Assam. ………………………………………  O.P No.4

Present: -                                Sri BishnuDebnath,                        President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

                                                            Sri Kamal Kumar Sarda,        Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

            Appeared: -    Mr. Satish Kumar Kabra, Advocate for the complainants.

                                       Mr. ParitoshDhar, Advocate for the O.Ps.

                                                  Date of Evidence                                           01-06-2019, 27-06-2019

                         Date of written argument                             15-07-2019, 11-09-2019

                         Date of oral argument                                  26-09-2019

                         Date of judgment                                          11-10-2019

JUDGMENT AND ORDER

Sri BishnuDebnath,

1. This case is brought by Sri BiswajyotiChakraborty and his wife Smti. PurnaChakraborty as per the provision of the Consumer Protection Act 1986 against Air India Ltd. and its 3 (Three) officers for compensation on account of disservice. They are referred as complaints in this judgment. The complainants brought the facts for award of compensation in detail in their complaint. However, the material facts are briefly stated below:-
2. The complainants while return from Mumbai to Silchar, availed connecting Flight of Air India, vide Flight No.AI 774 and Flight No.AI 753. The date of journey from Mumbai to Kolkata was on 02-10-2018 and date of journey from Kolkata to Silchar on 03-10-2018. There were 4 (Four) numbers of check–in-baggages booked directly from Mumbai to Silchar. But when landed at Silchar Airport, they did not find one of the check-in baggage bearing Tag No. AI889956, which contain valuable articles including costly cloths and medical papers. Accordingly, they lodged complaint immediately to the Station Manager, Air India Ltd. Silchar. The Station Manager issued a property Irregularity Report but did not find out the lost baggage.
3. Hence, the complainants after waiting for long period, served legal notice to the Air India Ltd. and its officers on 15-11-2018. On reply the Station Manager of Air India Ltd., Silcharstated that as soon as the clue of the baggage is traced out it will be intimated, vide the letter dated 03-12-2018 but in vain. Hence, the instant complaint lodged for compensation of Rs.10,00,000/- (Rupees Ten Lacs) including cost of the proceeding.
4. The O.Ps in their joint W/S denied the allegation of disservice and also stated that the O.Ps are not liable to compensate because the complainant at the time of booking the baggages did not disclose the value andlist of article contained in the alleged lost check-in baggage.
5. During hearing, the complainant’s side submitted deposition of complainant No.1 Sri BiswajyotiChakraborty and exhibited some papers including tag of alleged lost bag, boarding pass, reply of the O.P to the legal notice etc. The O.P side also submitted deposition of Station Manager of Air India Ltd., Silchar station. He is Sri SubhoSankar Roy. After closing evidence, both sides’ counsels submitted their written arguments.
6. I have heard oral argument of both sides’ counsels and perused the evidence on record including written argument. In this case, it is not denied by the O.P that the complainant performed their Air Journey from Mumbai to Silchar via Kolkata by Air India flight No.AI774 and flight No.AI753 on 02-10-2018 and 03-10-2018 respectively. It is also not denied the fact that the complainant booked 4 (Four) check-in baggages at Mumbai directly up to Silchar.
7. But question is whether the complainant’s bag bearing Tag No. AI-889956 was lost in transit. The complainants stated that they did not find that bag at Silchar when collected 3 (Three) other check-in baggages. Accordingly, the complainant No.1 on oath deposed before this District Forum that immediately on 03-10-2018 at Silchar Airport lodged complaint to Station Manager regarding lost of the bag bearing Tag No. AI-889956 and Station Manager issued property irregularity report, vide Ext-9. I have gone through the content of Ext.9 and satisfied that the said report reflected the complaint for lost bag bearing Tag No.AI-889956.
8. The above factual aspect and exhibited document, vide Ext.9 makes the fact established that the bag bearing Tag No.AI-889956has been lost and matter has been reported to the Station Manager of Air India Ltd., Silchar Station. However, the Ext-8 reply to the legal notice vide Ext-6 reflected a fact, that the complainantslost bag was not recovered till the date of issuing of reply, vide Ext-8. The reply was issued on 03-12-2018 by the Station Manager.
9. However, the Ld. Advocate of the complainant during argument tried to convenience this District Forum that by issuing the reply, vide Ext-8 the O.Ps admitted that, the bag bearing Tag No.AI-889956 has been lost from the custody of Air India Ltd. while the complainants were performing Air journey from Mumbai to Silchar via Kolkata. I have gone through the content of Ext-8 meticulously and concluded that by issuing that letter, the O.P are not re-affirming the fact of loss of bag of the complainant rather O.Ps never issued any letter to deny the fact of missing of the bag bearing Tag No. AI-889956.
10. Anyhow, from the evidence on record including deposition of DW Sri SubhoSankar Roy, I am concluding that the lost bag has not yet been recovered for the reasons best knowledge to the O.Ps. Hence, in my considered view the failure of the O.P to recover the lost bag is a disservice because the bag has been lost from the custody of the Air India Ltd. As such the Air India Ltd. is liable to compensate the complainant for lost bag.
11. In this case, the complainants stated that the lost bag contained valuable brand new cloth and medical papers. But to substantiate the fact, no document proof is available except the oral statement of the PW-1 i.e the complainant No.1. Solely on the basis of oral statement of one of the complainant, it is highly risky to assess the actual loss suffered by the complainant for missing of the bag.
12. Hence, taking into consideration, all the aspect including law and equity I am to say that nominal amount of Rs.35,000/-(Rupees Thirty Five Thousand) only as compensation for loss suffering by the complainant is justified amount. Thus, the O.P-Air India Ltd.is directed to pay aforesaid amount of Rs.35,000/- as compensation for disservice to the complainant alongwith Rs.5,000/- (rupees Five Thousand) only as cost of the proceeding. The said awarded amount of total Rs.40,000/- (Rupees Forty Thousand) only to be paid within 45 days from today. If default for payment, interest @ 10% P.A. to be added with the awarded amount w.e.f. the date of defaulter.
13. With the above, this case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 11^th day of October 2019.