Chandigarh

DF-II

CC/338/2015

Deepak Bansal - Complainant(s)

Versus

Air India - Opp.Party(s)

Sh. Gaurav Bhardwaj Adv.

16 Oct 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	338 of 2015
Date  of  Institution	:	30.06.2015
Date   of   Decision	:	16.10.2015

 

 

 

 

 

Deepak Bansal, R/o # 308-F, Sector 7-A, Chandigarh.

             …..Complainant

Versus

 

1]  Air India, SCO No.162 & 164, Sector 34-A, Chandigarh 160034 through its Station Manager.

 

2]  Air India Ltd., Airlines House, 113, Gurdwara Rakabganj Raod, New Delhi 110001 through its Managing Director.

 

….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         SH.JASWINDER SINGH SIDHU       MEMBER

         MRS.PRITI MALHOTRA             MEMBER

 

 

For complainant(s)      :     Sh. Gaurav Bhardwaj, Advocate.

 

For Opposite Party(s)   :     Sh. S.R. Chaudhuri, Advocate.  

 

 

PER PRITI MALHOTRA, MEMBER

 

 

         As per the case, the complainant along with wife and son, booked the air-tickets of Opposite Parties Airlines online from Chandigarh (Ann.C-1 to C-4) and commenced the journey on 24.12.2014 while traveling in train from Chandigarh to Delhi and then in OPs airlines from New Delhi to Mumbai and then to Rajkot and thereafter through taxi from Rajkot to Somnath Ji and Dwarka Ji (Ann.C-5 to C-13). However, on return journey, from Jamnagar to Mumbai and Mumbai to New Delhi, when complainant reached New Delhi on 30.12.2014, he found only one trolley bag on the conveyer belt while the other bag was missing. Accordingly, a complaint was lodged with Opposite Parties at New Delhi against receipt (Ann.C-21). However, while waiting for another flight, as advised by the staff of OPs, the complainant missed his Volvo Bus already booked for coming to Chandigarh, but still in the next flight the baggage of the complainant was not reached.  That the OPs advised regarding the delivery of the luggage at the residence. It is averred that the said luggage was carrying items worth Rs.38,750/- as detailed in Para NO.7 of the complaint.  The complainant after waiting for few days, sent e-mails to the OPs followed by reminders (Ann.C-23 Colly.) but all in vain.  Hence, this complaint has been filed alleging deficiency in service on the part of the Opposite Parties.

 

2.     The Opposite Parties have filed reply and admitted the onward and return journey of the complainant through their airlines and reaching New Delhi on 30.12.2014.  The loss of baggage of the complainant is also admitted.  It is stated that the bag has not been traced.  It is also stated that the complainant has not appended any receipts/vouchers with his claim for Rs.38,750/- nor mentioned whether the items allegedly placed in the missing bag were used or new.  It is pleaded that the liability for loss or damage to baggage on domestic sectors of Air India is governed by the Carriage By Air Act, 1972 and is limited to a sum of Rs.450/- per kg. weight lost, but in this case, there is no indicator as to the weight of the missing bag (Ann.R-1).  Pleading no deficiency in service, the Opposite Parties have prayed for dismissal of the complaint.
3.     Parties led evidence in support of their contentions
4.     We have heard the ld. Counsel for the parties and have also perused the record.
5.     The facts of the complaint have broadly been admitted by the Opposite Parties that while availing the LTC facilities provided by the department of the complainant, he availed their services for onwards and return journey from New Delhi to Bombay on 25.12.2014 and thence to Rajkot by flight No. AL 655. It is also admitted that while returning from Bombay to New Delhi by flight No. AL660 on 30.12.2014 the complainant lost one of his baggages. The Opposite Parties admitted that they don’t dispute the loss of the baggage of the complainant at their end and also admitted that an assurance was given to the complainant that missing baggage on receipt will be delivered at his residence at Chandigarh. It is further admitted by the Opposite Parties that the said baggage did not arrive even by the next flight and confirmed the loss of baggage.
6. It is submitted by learned counsel for the Opposite Parties that the claim of the complainant could not be ascertained as it is not clear whether the alleged lost items were indeed in the missing baggage, whether they were new or used one and above all the weight of the baggage is not specified on  the basis of which the claim as per Carriage By Air Act, 1972 could be calculated. The Opposite Parties submitted that the liability for loss or damage to the baggage on domestic sector of Air India is governed by the Carriage By Air Act 1972 and is limited to a sum of Rs.450/kg weight lost.
7. It is not denying fact that the bag in question got lost in transit while it was in the custody of the Airlines i.e. Opposite Parties  and thus the Opposite Parties are bound to compensate for the loss of bag. Objection for non-supply of vouchers/receipts of the articles contained in the bag cannot be the ground to wholly reject the claim of the complainant. So far as the weight of the bag is concerned it must have been in the knowledge of the Opposite Parties, which is checked in by them while boarding the baggage during the journey. 
8.     Even despite having the clear cut instructions as per Carriage By Air Act, 1972 the Opposite Parties did not settle the issue at their respective end, which further forced the complainant to file this complaint for redressal of his grievance caused due to the deficiency in service of the Opposite Parties.
9.     As it is admitted that the complainant availed the LTC facilities provided by his department for himself, his wife and son, it can safely be presumed that the lost baggage must be carrying apparels and certain articles of day to day use. In the absence of receipts/vouchers etc. showing worth of the material lost in the bag, it is appropriate to fix the weight of the bag as 20 Kg, to enable the Opposite Parties to calculate the amount to be paid to the complainant as per Carriage By Air Act, 1972. The relevant extract of the  Annexure R-I placed by the Opposite Parties is as under:-

Loss of Baggage and compensation

Xxxxxxxx

Xxxxxx

Domestic services

Liability for loss of or damage to baggage on domestic sector of Air India is governed by Carriage By Air Act 1972 and limited as follows:-

1. to a sum of Rs.450/- per kg of baggage checked in by the passenger.
2. X xxxxxxxx

10.     As per the above said criteria the Opposite Parties are liable to pay Rs. 9000/-(Rs450 x 20kg) to the complainant for the loss of his baggage(since the weight of the baggage is fixed for 20 kg) and also liable to pay compensation for mental agony and physical harassment caused due to the deficient service provided by them .  
11.     In view of the above discussion, we are of the opinion that the complaint deserves to be allowed.  Accordingly, the complaint is allowed and the Opposite Parties are directed as under:-

        

a]  To pay Rs. 9000/-(Rs450 x 20kg) to the complainant for loss of the baggage.

 

b]  To pay Rs.10,000/- as compensation on account of deficiency in service.

 

c]  To pay Rs.7,000/- towards litigation expenses.

 

12.           The above said order shall be complied with by the Opposite Party within 45 days of its receipt, failing which it shall be liable to pay interest on the above awarded amount at (a) and (b) @ 18% p.a. from the date of filing this complaint till it is paid, besides paying litigation expenses.
13.           The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

16.10.2015                   

                                                                             Sd/-  

 (RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (JASWINDER SINGH SIDHU)

MEMBER

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER