Smt. C.S. Sulekha Beevi, President,
1. Complainant travelled by A1 866/IC 597 flight of opposite party on 14th and 15th of January, 2001. He is aggrieved that the baggage entrusted to opposite party for carriage, during his travel was lost in transit. That this baggage contained articles worth Rs.1,75,000/-. Hence this complaint claiming compensation of Rs.1,75,000/- along with interest. 2. Opposite party filed version contending that the cause of action for the complaint arose on 15-01-2001, when the complainant landed at Calicut Airport and when he came to know of the loss of baggage. That this complaint which is filed in December, 2003 is barred by limitation. Opposite party admits that complainant travelled by A1 866/IC 597 flight on 14/15th January from Riyadh to Calicut. It is stated that the flight A1 866 by which complainant travelled from Riyadh to Mumbai does not belong to opposite party and that the said flight is an Air India flight. That as the complainant boarded flight from Riyadh his baggage would have been handled by Air India and not by opposite party. That since Air India is not made a party, this complaint is bad for non-joinder of necessary parties. Without prejudice it is submitted that complainant was carrying two registered baggages weighing total of 40 kgs out of which one baggage alone reached Calicut and was delivered to complainant. Opposite party denies that the missing baggage contained articles worth Rs.1,75,000/-. That complainant has not declared the value of the articles as per rules. That inspite of best efforts the baggage could not be traced out. That as per International carriage regulations, the liability of opposite party if any is limited to 20 US dollars per kg of the weight of missing baggage. That although opposite party offered this amount complainant has declined to receive the same. That complaint is devoid of merits and is only to be dismissed. 3. Evidence consists of the affidavit filed by complainant and Exts.A1 to A5 marked for complainant. Opposite party filed counter affidavit. No documents marked for opposite party. 4. The first contention raised by opposite party is that, the complaint is barred by limitation. Ext.A5 is a lawyer notice issued to opposite party on behalf of complainant on 20-8-2002 claiming compensation for the missing baggage. Hence it is seen that the demand by complaint was made on 20-8-2002. Complaint is filed in December, 2003. We therefore consider that the complaint is within time and not barred by limitation. 5. It is also contended by opposite party that complaint is bad for non-joinder of Air India as opposite party. In the instant case complainant travelled from Mumbai to Calicut by the flight of opposite party and only on reaching Calicut did he came to know that his baggage is missing. If Indian Airlines and Air India have code arrangements for carriage of baggage by air, then we do not consider that non-impleading Air India would make the complaint bad for non-joinder. 6. Admittedly one baggage of complainant was lost in transit. The deficiency is obvious. We find opposite party deficient in service. Complainant is entitled to be compensated for the deficiency meted by him. He claims Rs.1,75,000/- as the value of articles contained inside the missing baggage. Admittedly complainant has not declared the value of items as per rules. According to opposite party the weight of missing baggage is 10kg. Complainant has not stated the weight of missing baggage. As per international regulations the liability is limited to 20 US dollars per kg of the weight of missing baggage. Complainant is definitely entitled to this amount, which is 200 US dollars (20 x 10). Along with this we consider that the mental agony and hardships undergone by the complainant also has to be taken into consideration. In our view an amount of Rs.6,000/- towards mental agony and together with costs of Rs.1,500/- would meet the ends of justice. 7. In the result, we allow this complaint and order opposite party to pay a sum of Rs.200 US dollars or equivalent Indian rupees to complainant along with Rs.6,000/- (Rupees Six thousand only) as compensation for mental agony and hardships together with costs of Rs.1,500/- (Rupees One thousand five hundred only) within one month from the date of receipt of copy of this order. The exchange rate prevailing on the date of this order shall apply to both sides. Dated this 20th day of December, 2008.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A5 Ext.A1 : Photo copy of the Baggage Landing Certificate. Ext.A2 : Photo copy of the itemised contents and value. Ext.A3 : Photo copy of the Air Ticket. Ext.A4 : Letter dated, 12-7-2001 from opposite party to complainant. Ext.A5 : Carbon copy of the Registered with ack/due lawyer notice send by complainant's counsel to 1st opposite party. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
......................C.S. SULEKHA BEEVI | | 
