DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)
GOVT. OF NCT OF DELHI
CONVENIENT SHOPPING CENTRE, FIRST FLOOR,
SAINI ENCLAVE, DELHI – 110 092
C.C. NO. 475/2021
| VIKAS CHOUHAN S/o Sri Satyapal Singh Chouhan D-351/A, Gali No.12, Laxmi Nagar, Delhi-110092. | ….Complainant |
Versus |
| AIR INDIA BAGGAGE SERVICES Near Gate 8, Departure Level, I.G.I. Airport, Terminal III, New Delhi – 110037. | ……OP |
Date of Institution: 23.11.2021
Judgment Reserved on: 20.11.2023
Judgment Passed on: 04.01.2024
QUORUM:
Sh. S.S. Malhotra (President)
Sh. Ravi Kumar (Member)
Ms Rashmi Bansal (Member)
Order by :Sh. Ravi Kumar, Member
JUDGEMENT
The Complainant has alleged deficiency in service on the part of OP in not reimbursing the amount of his lost baggage pertaining to the Flight No. AI 940 from Bahrain to New Delhi on 02.05.2021.
The Complainant in his complaint has contended that he is engaged in hotel service and was working in the restaurant named Bebabel in Bahrain since 2013 on Working Visa. Due to Covid-19 pandemic the said Restaurant was closed and all employees including Complainant were bound to move to their own country. The Complainant travelled from Bahrain to India with all his belonging by Air India Flight No. AI 940 vide ticket No. 0983878441445, Boarding Pass No.25 B and Baggage Ticket No.AI 737483.
On arrival in India at IGI Air Port he did not receive his baggage on the Baggage Belt and he made complaint to the OP in writing. The OP after lot of follow up accepted that the baggage was missing and could not be traced and asked the Complainant to submit the list of articles belonging to the baggage which was lost.
The Complainant submitted list of items in baggage on 22.07.2021 as per the pro-forma provided by OP which is ‘Property Irregularity Report’ (PIR) which was supported by original bills of items and according to the same the value all the items was 842 Bahraini Dinar which was equivalent to Rs.1,65,000/-. Thereafter OP did not take any action on the PIR which caused mental agony and harassment to the Complainant besides financial loss and Complainant issued legal notice dated 24.06.2021 to the OP which OP did not reply.
The Complainant has filed complaint before this Commission seeking following prayers:
- OP be directed to compensate Rs.1,65,000/- towards loss of baggage in transit to India.
- OP to pay Rs.30,000/- as compensation.
- Any other relief which this Commission may deem fit and proper.
Notice was issued to OP which was served on 29.03.2022 but non appeared on their behalf nor it filed any Reply and OP was proceeded ex-parte on 02.11.2022.
Complainant has filed in his evidence by way of affidavit wherein he has marked following documents as exhibits:
- Copy of Aadhar Card and Passport as annexure – I.
- Copy of PIR report as annexure – II.
- Copy of written complaint made to OP for lost baggage as annexure- III.
- E-mails of OP accepting missing of baggage and PIR report along with original bills as annexure – V (Correct annexure should be annexure IV)
- Copy of Legal Notice dated 24.06.2021 as annexure – VI
- Copy of e-mail dated 13.07.2021 of OP as annexure – VII.
This Commission has heard the arguments of the Complainant and perused the record. OP is ex-parte.
It is not in dispute that the Complainant traveled from Bahrain to New Delhi by Air India Flight No. AI 940 vide Ticket No. 0983878441445, Boarding Pass No.25 B and Baggage Ticket No.AI 737483. However on arrival in India at IGI Airport, the Complainant did not receive his baggage on the Baggage Belt and after waiting for long he lodged complaint with the OP. Thereafter OP vide their e-mail dated 04.05.2021 tendered apology to the Complainant for mis-handling of his baggage and informed that the baggage could not be traced.
OP further asked the Complainant vide its e-mail dated 13.07.2021 to submit the following details.
- Itemized letter of claim giving the quantity and approximate cost of each item separately (form attached) along with approx. purchase date. All columns to be dully filled. Incomplete form will not be acceptable. (original to be sent).
- Original Property Irregularity Report (Scanned/photo copies not acceptable).
- Original purchase bill/Cash memo in original.
- Passenger signature are required in PPQ from duly filled, as signed on the Property Irregularity Report (PIR) at the time on raising the report.
- Scanned copy of all travel ticket, showing the entire routing (inbound, outbound)
- Scanned copies of the passport.
- Name in which the cheque has to be issued.
- Complete postal/mailing address. The above documents are to be sent through speed post only at Air India Baggage Service, Near Gate 8, Departure Level, IGI Airport, Terminal III, New Delhi – 110037 OR Nearest Airport in Air India Office, if Out of India.
In response to the said e-mail the Complainant submitted Passenger Property Questionnaire along with the list of items dated 22.07.2021, description of contents along with bills/invoice on first 10 items and he made the total claim of 842.63 Bahraini Dinar which according to him was equivalent to Rs.1,65,000/-. It is also on record that OP vide their e-mail dated 26.10.2021 informed the Complainant that based on the list of contents they can offer a final sum of Rs.25,228/- and they asked to Complainant to provide his Bank details so that the refund process can be completed. The Complainant was not satisfied and did not provide the details to the OP.
On perusal of the documents enclosed with the description of contents i.e. the list of missing items, it is noted that the Complainant has enclosed copy of the purchase bills at Bahrain of first 10 items only total of which comes to Bahraini Dinar 303.13 and he has not enclosed supporting documents i.e. purchase bills/invoice for the remaining items and has stated that the bills related to them were in the bag. The OP while seeking the details of the items lost had requested the Complainant to provide original purchase bills/cash memo so that the claim can be evaluated. However the Complainant had enclosed copies of bill pertaining to first 10 items only as mentioned above. The value of these first 10 items if calculated with the value of Bahraini Dinar comes to Rs.59,412/- applying the converting rate as claimed by the Complainant i.e. @Rs.196/-.
Documents on record establish that OP admitted its mistake of losing the baggage of the Complainant on their Air India Flight No. AI 940 on 02.05.2021 and has also even agreed to pay Rs.25,228/- to the Complainant on 26.10.2021. Thus deficiency in service on the part of OP is clearly established. However the Complainant has not been able to produce bills/invoice of items other than first 10 items, the onus of which was on the Complainant.
Thus the Commission holds that the Complainant is entitled to the value of missing items for which he has produced the related bills/invoice, total of which comes to Bahraini Dinar 303.13 and applying the converting rate as claimed by the Complainant i.e. Indian Rupee @Rs.196/- the value of these items comes to Rs.59,412/- and orders as follows:
- OP to pay Rs.59,412/- to the Complainant along with interest @7% from 05.02.2021 within 30 days from the date of this order.
- OP to pay Rs.15,000/- to the Complainant towards compensation.
If the above order is not complied within 30 days from the date of order then OP shall pay interest on the total amount of Rs.74,402/- alongwith interest @ 9% per annum from 02.05.2021.
File be consigned to Record Room.
Announced on 04.01.2024.
Delhi.
