Haryana

Karnal

CC/364/2021

Aditya Balda - Complainant(s)

Versus

Air India - Opp.Party(s)

Kanav Deep Singh

25 Sep 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 364 of 2021

                                                        Date of instt.29.07.2021

                                                        Date of Decision: 25.09.2023

Aditya Balda (aged about 17 years) minor son of Shri Rajinder Singh through his father Shri Rajinder Singh son of Shri Sube Singh, resident of house no.435, Sector-6,Urban Estate, Karnal, State Haryana. Aadhar card no.8175 2435 4697.

                                                                        …….Complainant.

                                              Versus

 

Air India, Mezzanine Level, Shivaji Stadium, Metro Station, Baba Kharak Singh, Road, Hanuman Road, Area Cannaught Place, New Delhi-11001 through its authorized signatory.

 

                                                                      …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

              Sh. Vineet Kaushik…….Member

              Dr. Rekha Chaudhary……Member

          

 Argued by: Shri Kanavdeep Singh, counsel for complainant.

                    Shri Ashwani Kumar Popli, counsel for the OP.

 

                    (Jaswant Singh, President)

ORDER:  

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019, against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is a sportperson and is a profession tennis player. The complainant has earlier participated in various tournaments organized by all India Tennis Association as well as other sports associations. The complainant is a gold medalist and has been playing tennis for last many years and one of his achievements is that he has won Gold Medal in AITA. Keeping in view of his talent, passion, and good playing skills in tennis, complainant was represented by all Indian Tennis Association, Karnal for participating in a tournament i.e. National 2020 Junior (U-18) Tennis Tournament held by Madhya Pradesh Tennnis Association, Indore. The said Tournament was to be held on 30.03.2021 in Indore. After getting this golden opportunity of being selected in the National 2020 Junior (U-18) Tennis Tournament held by Madhya Pradesh Tennis Association, Indore, the complainant purchased one of the best expensive tennis racket pair for Rs.38,440/-. On 21.03.2021, complainant booked his flight from Delhi to Indore from the website makemytrip.com for 27.03.2021 and paid an amount of Rs.4123/- and E-ticket no.098-4722617461 was issued to the complainant. Accordingly on dated 27.03.2021, complainant boarded the said flight after handing over his luggage including his highly expensive tennis rackets to the official o the OP. The official of the OP checked each and everything in the luggage of the complainant and all the belongings were fine and then they assured the complainant to deliver his luggage back as it is safe, after his departure. But when the complainant landed from the flight in Indore and when his luggage was handed over to him, he was astonished to see his luggage including rackets was badly damaged and he found his tennis rackets inside, which were damaged. Then on the complaint made by the complainant, the officials of the OP prepared a damaged baggage report is reproduced as under:-

“rackets were damaged. There were 3 of them inside a bottle too was crushed inside which spoilt the clothes present inside. Price for one racket Rs.14250 Racket name 2 Head radical 2021 pro 1 Head speed mp Rs.13750/-“

Then complainant had to reach to tournament place and accordingly he deposited entry fee in the said tournament and paid Rs.2400/- in total. Having no alternative, complainant had to play with a normal tennis racket got arranged by the association. After that, complainant participated the said tournament with that racket but he could not give his best performance due to the absence of his own radical 2021 pro racket. The complainant could give his best performance and must have got the first position and won the tournament if he may have played with his own radical 2021 pro racket. It is further averred that prior to participating in the above tournament, which was held in Indore (Madhya Pradesh), the complainant practiced dusk to dawn, just to win the medal in the said tournament, at all cost. It was his aim and one of his dreams to win the gold medal in the said tournament but he could not do so, bust because of the carelessness and negligence on the part of the official of the OP. Due to this act and conduct of the OP, complainant lost his once in years golden chance as well as fulfilling his dreams, which is invaluable. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version, raising preliminary objections with regard to maintainability and concealment of true and material facts. On merits, it is pleaded that there was a minor scratch only on one of the rackets. The scratch was already there at the time when the racket was brought to the airport at the time of departure and this cooked up story of 3 rackets being damaged is a hoax. The entry fee was not paid to the OP. The minor scratch in the racket of a player who is as good as the complainant does not forbid that good a player to win. The complaint seems to be an onus on OP for the complainant not winning the tournament. It is a very famous saying in sports and in life that, “Winners do not make excuses”. A good player will play well irrespective of the circumstances, the weather, the playing conditions, his/her health, his/her equipment as talent is in him/her and not all the other things. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence his affidavit Ex.CW1/A, copy of air ticket Ex.C1, copy of boarding pass Ex.C2, copy of ticket confirmation information Ex.C3, copy of baggage ticket Ex.C4, copy of damage baggage report Ex.C5, copy of National 2020 Junior (U-18) Tennis Tournament Entry fees receipt Ex.C6 and Ex.C7, copy of Tennis Racket bill Ex.C8, photo of Tennis damage Ex.C9 and closed the evidence on 28.02.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Gulshan Mehta, Station Manager Ex.OP1/A, photograph of tennis racket Ex.OP1 and closed the evidence on 07.09.2022 by suffering separate statement.

6.             We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant was represented by all Indian Tennis Association, Karnal for participating in a tournament i.e. National 2020 Junior (U-18) Tennis. The said Tournament was to be held on 30.03.2021 in Indore. After getting this golden opportunity of being selected in the National 2020 Junior (U-18) Tennis Tournament, the complainant purchased one tennis racket pair for Rs.38,440/-. Complainant booked his flight from Delhi to Indore and paid an amount of Rs.4123/-. On 27.03.2021, complainant boarded the said flight after handing over his luggage including his tennis rackets to the official o the OP but when complainant landed from the flight in Indore, his luggage including rackets was found badly damaged. Having no alternative, complainant had to play with a normal tennis racket but he could not give his best performance due to the absence of his own racket. Due to this act and conduct of the OP, complainant lost his once in years golden chance as well as fulfilling his dreams, which is invaluable and lastly prayed for allowing the complaint in terms of money amounting to Rs.50,00,000/- on account of mental agony, torture, harassment and deficiency in service on the part of the OP.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that there was a minor scratch only one of the rackets. The scratch were already there when the racket was brought to the airport at the time of departure.  There is no fault on the part of the OP in not winning the tournament by the complainant and prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           The complainant alleged that he had participated in a tournament i.e. National 2020 Junior (U-18) Tennis Tournament, which was to be held on 30.03.2021. For participating the said tournaments, on 21.03.2021, complainant booked his flight from Delhi to Indore for 27.03.2021. On 27.03.2021 at the time of boarding, complainant handed over his luggage including his tennis rackets to the official of the OP but when complainant landed from the flight in Indore and when his luggage was handed over to him, he found that his luggage  including rackets was badly damaged.

 11.          The onus to prove his version was relied upon the complainant but he has miserably failed to prove the same by leading any cogent and convincing evidence. To prove his version complainant has placed on file documents copy of air ticket Ex.C1, copy of boarding pass Ex.C2, copy of ticket confirmation information Ex.C3, copy of baggage ticket Ex.C4, copy of damage baggage report Ex.C5, copy of National 2020 Junior (U-18) Tennis Tournament Entry fees receipt Ex.C6 and Ex.C7, copy of Tennis Racket bill Ex.C8, photographs of Tennis damage Ex.C9. Except these documents, complainant has not placed on file any evidence to prove his case. No report with regard to damage of rackets has been placed on file. Complainant also failed to produce the damaged rackets before the Commission. No videography of the rackets has been produced. Moreover, complainant has not sought the refund of the cost of the said rackets.

12.           Thus, in view of the above, the present complaint is devoid of any merits and deserves to be dismissed and same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:25.09.2023

                                                                President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

       

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

Member                         Member