Tripura

West Tripura

CC/70/2017

Sri Nirmal Chakraborty. - Complainant(s)

Versus

Airport Manager, Spice Jet Ltd. - Opp.Party(s)

Mr.S.Bhattcharya, Miss. S.Majumder.

15 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-  70   of   2017

Sri Nirmal Chakraborty,
S/O- Lt. Haridas Chakraborty,
North Badharghat, Near Unnayan Sangha,
A.D. Nagar, West Tripura.        ...….…...Complainant.

       VERSUS
          
The Spicejet Ltd.,
Represented by the Airport Manager,
Agartala Airport, West Tripura.        ...........Opposite Party.
 

 __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER 
 DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C  O  U  N  S  E  L

For the Complainant        : Sri Suman Bhattacharya,
                      Smt. Sarbani Majumdar,                       
                      
For the Opposite Party        : Sri Pankaj Deb,
                      Representative of Spicejet.
                      

JUDGMENT  DELIVERED  ON:   15.09.2017.

J U D G M E N T    
        This case arises on the petition filed by one Nirmal Chakraborty U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on 29.12.16 he along with 9 other passengers traveled from Agartala to Kolkata by the flight no- SG 277. But after arrival at Kolkata airport he saw one luggage was missing. It was not found. O.P. Spicejet failed to deliver the luggage. Notice was given to the O.P. to deliver the luggage within 15 days but it was not delivered. So, petitioner filed this case for deficiency of service of the O.P. and it is stated that the materials in the luggage are very valuable. Contained materials valued about Rs.4 lacs. Petitioner claim total amount of Rs.5,70,000/- with interest.

2.        O.P. appeared, filed written statement denying the claim. The fact of missing of one baggage weighing 6kg weight was admitted. It is stated that as per terms of the carriage and stipulation contained in the Carriage by Air Act liability of the O.P. was Rs.200/- per kg for the loss of baggage. Weight was 6kg so, they offered Rs.12,00/- along with Rs.2,000/- travel vouchers.  But the complainant denied. There was no deficiency of service by the O.P.
3.        On the basis of contention raised by both the parties following points cropped up for determination;
        (I) Whether the O.Ps Spicejet has deficiency of service by not handing over the luggage to the petitioner?
        (II) Whether the petitioner is entitled to get compensation as claimed?

4.         Petitioner produced air ticket, boarding pass, complaint of missing luggage, letters, R.L. Slip, list of lost articles, Advocates' Notice, Exhibit 1 Series.

5.        Petitioner also produced the statement on affidavit of Nirmal Chakraborty and another witness Nandesh Dasgupta.

6.        O.P. on the other hand produced the terms and conditions of carriage, affidavit of one Vijoy Roy, Senior Manager. 

7.        On the basis of evidence on record we shall now determine the above points.

            Findings and decisions:
8.        Both the witnesses P.W. 1 and P.W. 2 petitioner and Nandesh Dasgupta are the passengers of the flight. They stated that the luggage contained materials which price amount to Rs.4 lacs. But what materials were inside the luggage was not stated by them. Petitioner also stated that on several occasions he went to Kolkata in search of the luggage, resided at hotels and spent Rs.65,000/-. This is also not substantiated by any other documentary evidence. The fact of missing luggage is admitted fact.

9.        We have gone through the Baggage Irregularity Report. In that baggage Irregularity Report, cartoon box, electronic panel is written. Price of missing baggage not written. Baggage approximate cost is Rs.4 lacs. From the baggage irregularity report contained items is written electronic panel. The price of the electronic panel not disclosed from any documentary evidence. One letter was written on 18.01.16 to the Airport Manager, Spicejet. He requested the Airport Manager to pay the price of the lost item. There also price of the item not written. One work schedule of providing the electronic items is given. From that work schedule the price of electronic panel not disclosed. Petitioner did not produce any other document to substantiate that the value of the item is Rs.4 lacs. He is not supposed to carry such valuable items in the luggage without giving any declaration. The item was also not insured. There is nothing in the record to prove that in the missing baggage contained articles price amounting to Rs.4 lacs. 

10.        We have gone through the Terms of Carriage for Domestic Airlines. Electronics goods., jewelery, cash can not be given in the luggage without any declaration. Petitioner failed to give sufficient evidence to substantiate that in the lost baggage contained any articles for Rs. 4 lacs. As per terms and condition of the Carriage petitioner is entitled to get Rs.200/- per kg luggage. But it is in the lower side. Such conditions can not be imposed on a passenger without his consent. Therefore, we consider that this terms and conditions can not be applicable. Definitely there was deficiency of service by the O.P. Spicejet. The luggage was booked and luggage tag was also supplied. Thereafter the luggage was found missing. O.P. Spicejet failed to detect it and deliver to the petitioner in reasonable time. No valid reason given for such missing.  For this is deficiency of service Petitioner is entitled to get compensation. We consider that petitioner suffered mental agony for such loss and also had to make contact with the Spicejet to get back the luggage. O.P. is under obligation to compensate the petitioner. We direct the O.P. Spicejet to pay compensation amounting to Rs.15,000/- to the petitioner and litigation cost Rs.3,000/-, total Rs.18,000/-. Along with this O.P. is to pay the offered amount of Rs.1,200/- and cost of the bag Rs.2,000/-, Total Rs.21,200/-. Both the points are decided accordingly.

11.        In view of our above findings we direct the O.P. Spicejet  to pay the amount of Rs.21,200/- to the petitioner within a period of one month, if not paid it will carry interest @ 9% P.A.    
 
   

Announced.

 

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.