| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No. 566 of 2014 Date of Institution: 30-10-2014 Date of Decision: 20-07-2015 Sh.Varun Nagpal son of Sh.Subhash Nagpal resident of House No. 9/133, Near Janta Palace, Gali Jaswindera Mechanic Works Wali, Tarn Taran. Complainant Versus - Air India Limited, Amritsar through its Person Incharge/ Legal Representative, Baggage Services, having its office 39/A, Court Road, Air India Office, Amritsar.
- Air India through its Director/ Managing Director/ person Incharge having its Corporate Office No.1005, JMD Regent Square Main MG Road, Gurgaon-122001.
Opposite Parties Complaint under section 12 & 13 of the Consumer Protection Act, 1986. Present: For the Complainant: Sh. Naresh Maini, Advocate For the Opposite Parties: Sh.Vikram Puri, Advocate Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Mr.Anoop Sharma, Member Order dictated by: Sh.Bhupinder Singh, President. - Present complaint has been filed by Sh.Varun Nagpal under the provisions of the Consumer Protection Act alleging therein that he booked a flight and purchased three air tickets in the name of Varun Nagpal, Shikha Arora and his son Kaarnit Nagpal of Opposite Parties for travelling from Amritsar to New Delhi for 11.1.2014 and return ticket from New Delhi to Amritsar for 13.1.2014. Complainant alleges that he alongwith his wife and son had travelled from New Delhi to Amritsar by flight No.AI 016 of Air India having seat Nos.19C, 17B and 15E. The complainant while boarding the flight had booked two bags and out of which one big bag having weight about 15 Kilograms was issued with registered luggage tag No.0098450504. After landing at Raja Sansi Airport, Amritsar, the complainant’s bag was not traceable by the staff of the Opposite Party No.1 and it was reported as missing by the Airways staff of Opposite Party No.1. The complainant had filed ‘property irregularities report’ with the Airways staff of the Opposite Party No.1, in which details of the items consisting in the missing bag were mentioned. The complainant had expensive clothes and other personal belongings in the baggage which was lost and the price of the articles contained in the luggage was more than Rs.50,000/-. The complainant had called the office of Opposite Party No.1 many times to enquire about his lost bag, but the same was not retrieved by Opposite Party No.1. However, vide letter bearing No.AHL.ATQAI/21375 issued to the complainant, Air India has categorically admitted that they are unable to trace the luggage and felt sorry for the lost baggage. After receiving the aforesaid letter from the Opposite Parties, the complainant had filed the claim for lost baggage with the Opposite Parties on 16.4.2014. Even after filing the claim for lost baggage, the Opposite Parties did not bother to clear the claim of the complainant. After repeated requests and communication the Opposite Parties took more than four months to clear the claim and has made the payment of Rs.8100/- to the complainant through RTGS making mockery of the untold agony faced by the complainant. After receiving the said amount, the complainant requested the office of Opposite Party No.1, but they have flatly refused to further compensate for the deficiency and negligence in service and mental pain and agony caused to whole family of the complainant. Alleging the same to be deficiency in service, complaint was filed seeking directions to the Opposite Parties to pay Rs.53,500/- towards the price of articles contained in the luggage which was lost. Compensation and litigation expenses were also demanded.
- On notice, Opposite Parties appeared and filed written version in which it was submitted that the Opposite Parties have no knowledge about the articles lying in the missing baggage. Moreover, at the time of purchasing the ticket and boarding the flight, he complainant had neither made any special declaration about the articles lying in the bag nor paid any valuation charges thereof, and therefore, the Opposite Parties have no knowledge about the articles lying in the missing baggage and the value thereof. Further, in the event of loss of luggage while traveling in domestic flight, the claims are settled in terms of Montreal/ Warsaw Convention and conditions of Carriers Act, which restrict the air carrier’s liability @ Rs.450/- per kilogram upto the extent of the established loss in weight. The complainant has been given Rs.8100/- towards established loss in weight and the complainant has accepted the same without raising any protest. The delay, if any, in releasing the claim to the complainant has occurred on account of completion of certain departmental formalities and the delay was not intentional nor willful. The complainant has not faced any agony at the hands of the Opposite Parties in any manner. The claim of Rs.8100/- has been fully and finally settled and the complainant is not entitled to any other amount than paid to him. While denying and controverting other allegations, dismissal of complaint was prayed.
- Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C16 and closed the evidence on behalf of the complainant.
- Opposite Parties tendered into evidence affidavit of Sh.Gurcharan Singh, manager Ex.OP1 and closed the evidence on behalf of the Opposite Parties.
- We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
- From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant purchased three e-tickets (Ex.C2 to Ex.C4) in the name of complainant Varun Nagpal, his wife Shikha Arora and his son Kaarnit Nagpal of Opposite Parties-Air India Limited for travelling from Amritsar to New Delhi for 11.1.2014 and return e-tickets from New Delhi to Amritsar for 13.1.2014. Complainant alleges that he alongwith his wife and son had travelled from New Delhi to Amritsar by flight No.AI 016 of Air India having seat Nos.19C, 17B and 15E having boarding pass (Ex.C5 to Ex.C7 . The complainant had also booked two bags on that flight out of which one big bag was having weight 15 Kilograms and was issued with registered luggage tag No.0098450504. However, after landing at Raja Sansi Airport, Amritsar, the complainant’s bag was not traceable by the staff of the Opposite Party No.1 and it was reported as missing by the Airways staff of Opposite Party No.1. The complainant filed ‘property irregularities report’ with the Airways staff of the Opposite Party No.1 Ex.C13 in which details of the items consisting in the missing bag were mentioned. The complainant alleges that he had expensive clothes and other personal belongings in the baggage, which was lost. The price of the articles contained in the luggage was more than Rs.50,000/-. The Opposite Parties then issued letter dated 20.2.2014 (Ex.C8) to the complainant telling the complainant that the Opposite Party No.1 is unable to trace out the baggage of the complainant and told to furnish the following documents to Opposite Party No.1.
- Letter furnishing list of items in the baggage ad value of each item and value of the bag (S)
- Original travel ticket (S) or readable photocopy of the passenger ticket(S).
- Original excess baggage ticket.
- Confirm if the complainant had paid any excess baggage charges.
- Photo copy of passport (S).
- Original copy of PIR.
The complainant vide letter dated 16.4.2014 (Ex.C9) sent all the documents required by the complainant alongwith list of articles contained in the baggage lost alongwith their valuation amounting to Rs.53,700/- (Ex.C10), copy of passport Ex.C11, PIR Ex.C13, etc. and the saving bank account number of the complainant. The complainant also served notice dated 15.7.2014 Ex.C14 through registered post, postal receipt of which is Ex.C15. But inspite of that, the Opposite Parties did not clear the claim of the complainant. Ultimately, after a lapse of period of more than 4 months, Opposite Party No.1 made payment of Rs.8100/- only to the complainant through RTGS in the account of the complainant as is evident from the statement of account Ex.C16. But the Opposite Parties have failed to pay the balance amount i.e. price of the articles lying in the baggage nor put forward any explanation deducting the amount of the articles lost by the complainant in that baggage. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party. - Whereas the case of the Opposite Parties is that at the time of purchasing the tickets and boarding the flight from New Delhi to Amritsar on 13.1.2014. The complainant had neither made any special declaration about the articles lying in the bag nor paid any valuation charges thereof, and therefore, the Opposite Parties have no knowledge about the articles lying in the missing baggage and the value thereof. In the event of loss of luggage while traveling in domestic flight, the claims are settled in terms of Montreal/ Warsaw Convention and conditions of Carriers Act, which restrict the air carrier’s liability @ Rs.450/- per kilogram upto the extent of the established loss in weight. In the present case, the complainant has been given Rs.8100/- towards established loss in weight and the complainant has accepted the same without raising any protest. The delay, if any, in releasing the claim to the complainant has occurred on account of completion of certain departmental formalities and the delay was not intentional nor willful. The complainant did not suffer any agony or harassment at the hands of the Opposite Parties in any manner as the claim of Rs.8100/- has been fully and finally settled and the complainant is not entitled to any other amount than paid to him.Ld.counsel for the Opposite Parties submitted that there is no deficiency of service on the part of the Opposite Parties.
- From the entire above discussion, we have come to the conclusion that the complainant alongwith his wife and son travelled from New Delhi to Amritsar on flight No.AI 016 of Air India having seat Nos.19C, 17B and 15E vide e-tickets Ex.C2 to Ex.C4. The complainant had also booked two bags on that flight out of which one big bag was having weight 15 Kilograms and was issued with registered luggage tag No.0098450504. Boarding passes are Ex.C5 to Ex.C7. It is the admitted case of both the parties that on landing at Raja Sansi Airport, Amritsar, the complainant’s bag having 15 Kilograms weight was not traceable by the staff of the Opposite Party No.1 and the Opposite Party No.1 admitted that said bag is not traceable and lost during transit. The complainant lodged PIR Ex.C13 in this regard. Opposite Parties further issued letter dated 20.2.2014 Ex.C8 to the complainant admitting that the baggage of the complainant is not traceable and they demanded the following documents from the complainant alongwith saving bank account number of the complainant:-
- Letter furnishing list of items in the baggage ad value of each item and value of the bag (S)
- Original travel ticket (S) or readable photocopy of the passenger ticket(S).
- Original excess baggage ticket.
- Confirm if the complainant had paid any excess baggage charges.
- Photo copy of passport (S).
- Original copy of PIR.
The complainant furnished all the documents and particulars demanded by the Opposite Parties vide letter Ex.C8 which include the list of articles containing in the baggage lost alongwith the value of the articles Ex.C10, copy of passport Ex.C11, PIR Ex.C13 vide letter dated 16.4.2014 Ex.C9 and then the complainant issued notice dated 15.7.2014 Ex.C14 to the Opposite Parties through registered post, postal receipt of which is Ex.C15, but the Opposite Parties did not settle the claim of the complainant. However, Opposite Parties paid Rs.8100/- only in the account of the complainant as is evident from the statement of account of the complainant Ex.C16 against the value of the articles Rs.53,500/- as shown by the complainant vide list Ex.C10 furnished by the complainant to the Opposite Parties. Opposite Parties did not furnish any detail to the complainant regarding the deduction made by the Opposite Parties from the list of articles and the value thereof furnished by the complainant to the Opposite Parties vide list Ex.C10. So, it stands fully proved on record that the Opposite Parties are certainly in deficiency of service in not taking proper care of the baggage of the complainant as the same is lost when it was in the custody of the Opposite Parties . Further the Opposite Parties could not decide/ settle the claim of the complainant for about 7 months. Moreover, the Opposite Parties did not pay the proper amount of the articles contained in the baggage of the complainant lost in transit when the same was in the custody of the Opposite Parties. - As regard the price of the bag and the articles contained in the baggage and their value, the complainant has submitted the list of articles Ex.C10 alongwith their value as follows:
Name of Article Price - Big VIP Suit case Rs.10,000/-
- One Gadoni Jacket (Gents) Rs. 7500/-
- One Jean and two Trousers (Gents) Rs. 3500/-
- Two Shirts Zodiac (Gents) Rs.3000/-
- One Ladies Over Coat (Monte Carlo) Rs.3500/-
- Two Jeans (Ladies) Rs.3200/-
- Two Ladies Suits Rs.3500/-
- Baby jacket (UCB) Rs.4000/-
- Three Baby Jeans Rs.2700/-
- Two Baby Sweaters Rs.2200/-
- Shades Gents (Rayban) Rs.5600/-
- Other clothes and articles Rs.5000/-
Total Rs.53700/- The complainant has placed on record the list of articles contained in the bag lost in the custody of the Opposite Parties Ex.C10 in which the complainant has mentioned the articles and their value amounting to Rs.53,700/-. The complainant has not placed on record the bills/ vouchers of any of these articles. As such, this Fora leads to the conclusion that these articles were not new one, that is why the complainant has not produced the bills/ vouchers of any of these articles, rather they were old / used ones. As such, there must be depreciation in the value of the articles/ goods. No doubt, the Opposite Parties could not produce any evidence to rebut the evidence produced i.e. deposition on oath by the complainant through his affidavit Ex.C1 and this list of articles Ex.C10. So, we are of the opinion that the complainant is entitled to the amount of these articles with depreciation and this Fora is justified that there shall be depreciation of 30% in the value of the articles. So, we hold that the complainant is entitled to the reimbursement of Rs.37,590/- i.e. 70% of Rs.53,700/-. The Opposite Parties have already paid Rs.8100/- to the complainant through RTGS in the account of the complainant as per statement of the complainant Ex.C16 on 26.9.2014. Therefore, the complainant is held entitled to the balance amount of Rs.29,490/- (Rs.37,590/- minus Rs.8100/- = Rs.29,490/-). The plea of the Opposite Parties that the Opposite Parties are liable to pay to the complainant for the loss of bag @ Rs.450/- per Kg. as per Montreal/ Warsaw Convention and conditions of Carriers Act, is not tenable because the minutes of these conventions were never supplied to the complainant nor the complainant was the party to the said convention. - Consequently, we partly allow this complaint with costs and the Opposite Parties are directed to reimburse the balance amount of Rs.29,490/- to the complainant within one month from the date of receipt of copy of this order, failing which the Opposite Parties shall also be liable to pay interest @ 9% per annum on this amount from the date of filing the complaint till the payment is made. Opposite Parties are also directed to pay to the complainant the costs of litigation to the tune of Rs.2000/-. Copies of the order be furnished to the parties free of cost. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Dated: 20-07-2015. (Bhupinder Singh) President hrg (Anoop Sharma) (Kulwant Kaur Bajwa) Member Member | |
