DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.36/2018
1. Sh. B.N Sarangi
S/o Late Kishore Chandra Sarangi
2. Dr. Mamta Padhy
W/o Sh. B.N Sarangi
3. Ms. Mayra Sarangi
D/o Sh. B.N Sarangi & Dr. Mamta Padhy
(Through Natural Guardian Complainant No.1 & 2).
4. Ms. Nayra Sarangi @ Jewel Sarangi
D/o Sh. B.N Sarangi & Dr. Mamta Padhy
(Through Natural Guardian Complainant No.1 & 2).
….Complainant
Versus
Air India (Through it’s CMD), Safdarjung Airport,
Aurobindo Marg, New Delhi-110003
….Opposite Party
Date of Institution : 07.02.2018
Date of Order : 20.05.2023
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Ms. Kiran Kausha
1. Succintly put, complainant booked tickets for four adult passengers including the complainant for 24th January, 2016 from New Delhi to Bhubaneshwar in Air India flight no. AI- 75 .Complainant along with his wife, daughter aged four years, an infant, mother-in-law and sister-in-law were travelling together to attend the wedding ceremony of the sister-in-law (who was travelling with the complainant) which was scheduled to be solemnised on 29th January, 2016.
2. Complainant was surprised and shocked at not finding his red coloured American tourister luggage upon reaching the Bhubaneshwar Airport. The suitcase contained ceremonial winter clothes of the complainants and their kids, essential items and medicines for the infant, gifts for the newlyweds and keys of the other luggage. Complainant lodged a missing baggage report at Bhubaneshwar airport but the employee at the airport expressed his helplessness.
3. Complainant on 25th January, 2016 emailed his concern and a reply dated 25th January ,2016 was provided by the station manager Air India stating that they were in constant touch with Delhi staff without any positive information about the missing luggage . It is next stated that the complainant did not receive any information from OP about the missing luggage even after 5 days of the said incident.
4. Complainant had to face lot of hardship as the complainants’ baby care items such as the infant food, feeding bottles, thermos flask were in the same luggage. Complainant was compelled to buy winter clothes, shoes, essential medicines and clothes for entire family, gifts for the newlyweds and other essential items were in the missing luggage.
5. It is further stated that the complainant and his family suffered humiliation in the family wedding ceremony as the intended gifts for the newlyweds purchased from Delhi were not available at Bhubaneshwar and the family had to manage gifts as per the availability at Bhuvneshwar.
6. It is next stated that after various trail mails, suffering and mental agony, wastage of time in following up and emailing the OP, the luggage was delivered at the address of the complainant after 31 days.
7. Alleging deficiency of service, complainant has prayed for compensation of Rs 9 lakhs for causing mental agony, emotional distress, anguish suffered by minor children and lady members, physical suffering and repeated harassments.
8. OP resisted the complaint stating inter alia that the baggage of the complainant could not be delivered , since inadvertently the baggage tag got removed as a result of which it was difficult for OP to match the baggage with the details provided by the complainant. It is next stated that OP has been duly following up with the complainant regarding the grievance. It is apparent from the emails annexed by the complainant along with the complaint that OP has been making earnest efforts to trace, the baggage which was later on traced by OP airlines and delivered to the complainant.
9. It is next stated that according to Section 20, of the Carriage by Air Act 1972, OP Airlines is not liable for damage if it is proved that OP had taken all necessary measures to avoid the damage or that it was impossible for them to take such measures. The relevant portion of the carriage by Air Act ,1972 is reproduced as under-
“ The carrier is not liable if he proves that he and his servants or agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.”
10. It is further stated that complainants’ have not annexed the bills for which claim is being made along with the complaint . OP can only make payment towards a reasonable amount and the entire claim of the passengers cannot be compensated. As per rules in cases of delayed delivery of baggage OP is liable to pay Kit allowance up to maximum of Rs 2,000/- in the domestic sector provided the bills are submitted. Copy of rules is annexed as Annexure A.
11. Rejoinder , reiterating the averments has been filed by the complainant. Respective evidence and written arguments are filed on behalf of parties. submissions made are heard. Material placed on record is perused.
12. Admittedly, Complainant’s baggage was misplaced when the Complainant was flying from Delhi to Bhubneshwar. It was found and returned back to the Complainant after 31 days. The question before this Commission is whether Complainant is entitled for compensation on account of the missing baggage.
13. It is noticed that after the complainant’s baggage was misplaced on 24.01.2016, the complainant lodged a missing baggage report at Bhubneshwar Airport. Thereafter the complainant kept following up with the Airlines and the Airport authorities but no positive information was given to him about his missing luggage. It was after inordinate delay of 31 days that the complainant was informed that the baggage has been found and same was returned to him. OP Airlines have not shied away from admitting that the baggage in question got misplaced due to the baggage tag getting removed inadvertently and resultant thereof, it became very difficult for OP to trace and identify the said missing baggage belonging to the complainant.
14. Be that as it may, we find that the complainants undertook the journey to attend a wedding , which is evidenced by the wedding card placed with the complaint. It is seen from the documents annexed that the Complainant was travelling for the wedding of his Sister-in-law, who was travelling with him and his family. However, as ill luck would have it, the unfortunate incident prevented them from enjoying the wedding as certain necessary material which they were carrying from their home, went missing.
15. As the complainant and his family were visiting Bhubneshwar to attend a wedding, they were carrying dresses to be worn at the wedding and gifts to be given. Since the complainant was accompanied with a minor and an infant ,not finding the luggage and essential baby care items on reaching the destination would have been a harrowing experience. There is no doubt that the complainant had to face lot of hardship , harassment and embarrassment on account of the misplaced baggage. The fact remains that the luggage of the complainant got misplaced and the same was handled by men of OP airline, therefore, it cannot shrug of due responsibility in the matter.
16. It is seen that OP airline has sought to settle the claim in terms of carriage by Air Act, 1972 as amended vide Act 28 of 2009. As per Consumer Protection Act, 1986, complainant has additional remedy besides those that they may be available under any other law for the time being in force.
17. We are of the opinion that Complainant suffered on account of the deficiency of OP. It is the duty/responsibility of OP Airline to safely and securely carry the luggage of the complainant and deliver the same at their destination, which OP Airline has failed to discharge. Therefore, complainants in our considered opinion are entitled to compensation to deficiency in service as enumerated under the Consumer Protection Act.
18. In view of the discussion above, we think that the ends of justice would be met if complainant is compensated for the agony and harassment on account of baggage loss. Accordingly, OP is directed to pay, compensation of Rs.50,000/- within three months from the date of order, failing which OP shall pay Rs.50,000/-@6 % p.a till realization.
Parties be provided copy of the judgment as per rules. File be consigned to the record room. Order be uploaded on the website.
