Order by:
Sh.Amrinder Singh Sidhu, President
1. This Consumer Complaint has been received by transfer vide order dated 26.11.2021 of Hon’ble President, State Consumer Disputes Redressal Commission, Punjab at Chandigarh under section 48 of CPA Act, vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 from District Consumer Commission, Ludhiana to District Consumer Commission, Moga to decide the same in Camp Court at Ludhiana and said order was ordered to be affected from 14th March, 2022.
2. The complainants have filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that they availed the services of the Opposite Parties airline and traveled from Vancouver (Canada) to Delhi (India) by Flight No. CF330 on 06.08.2017/ 07.08.2017. Further alleges that at the time of boarding in the flight at Vancouver (Canada) airport, the complainants handed over their baggage containing valuable goods like branded hair straighter curler, toys and electronics, clothing and accessories, shoes, cell phone, ladies purse, wrist watches etc to the Opposite Parties for safe transportation and deliver at the destination at Delhi Airport and the receipts to that affect were issued by the air lines authorities to the complainants, but the Opposite Parties authority failed to deliver the aforesaid baggage to the complainants at New Delhi Airport. Due to this, the complainants suffered physical and mental harassment and agony at the destination airport for the search of their baggage and at last, the airlines authority give up and issued a receipt under the heading ‘Property Irregularity Report (PIR) to the complainants with the assurance that the baggage of the complainants would be searched and handed over to the complainants within 21 days. But despite repeated requests and correspondences, the Opposite Parties did not pay any heed to the request of the complainants. All these acts and conduct on the part of the Opposite Parties amounts to gravest deficiency in service and Unfair Trade Practice and the complainants suffered utmost physical as well as mental pain, agony, harassment, humiliation. Vide instant complaint, the complainant has sought the following reliefs.
a) The Opposite Parties may be directed to take a prompt action for the search of baggage of the complainants and or in alternative to pay a sum of Rs.5 lakhs towards the value of the goods and also to compensate the complainants to the tune of Rs.2 lakhs for causing physical as well as mental pain, agony, harassment humiliation and Unfair Trade Practice committed by the Opposite Parties besides Rs.21,000/- as litigation expenses and any other relief to which this District Consumer Commission may deem fit be also granted.
3. Upon notice, initially, Sh.J.D.Singh Ahula, Advocated appeared on behalf of the Opposite Parties, but thereafter, none has come present nor filed the written version on behalf of Opposite Parties and as such, Opposite Parties were proceeded against exparte vide order dated 08.05.2018.
4. In order to prove his case, the complainant tendered into evidence his affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C19 and closed the evidence.
5. We have heard the ld.counsel for the Complainant and have carefully gone through the evidence on record.
6. From the appraisal of the evidence on record, it becomes evident that the complainants availed the services of the Opposite Parties airline and traveled from Vancouver (Canada) to Delhi (India) by Flight No. CF330 on 06.08.2017/ 07.08.2017. Further at the time of boarding in the flight at Vancouver (Canada) airport, the complainants handed over their baggage containing valuable goods like branded hair straighter curler, toys and electronics, clothing and accessories, shoes, cell phone, ladies purse, wrist watches etc to the Opposite Parties for safe transportation and deliver at the destination at Delhi Airport and the receipts to that affect were issued by the air lines authorities to the complainants, but the Opposite Parties authority failed to deliver the aforesaid baggage to the complainants at New Delhi Airport. Due to this, the complainants suffered physical and mental harassment and agony at the destination airport for the search of their baggage and at last, the airlines authority give up and issued a receipt under the heading ‘Property Irregularity Report (PIR) to the complainants with the assurance that the baggage of the complainants would be searched and handed over to the complainants within 21 days. But despite repeated requests and correspondences, the Opposite Parties did not pay any heed to the request of the complainants. To prove the aforesaid contention, ld.counsel for the complainants has placed on record the duly sworn affidavit of the complainant Ex.CA alongwith copies of documents Ex.C1 to Ex.C19. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as Opposite Parties did not opt to appear and contest the proceedings. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have no defence to offer or defend the complaint.
7. So, from the entire unrebutted and unchallenged evidence produced by the complainant on record, it stands fully proved on record that the Opposite Parties have adopted unfair trade practice and deficiency in service by not delivering the baggage of the complainants till date despite repeated requests and reminders by the complainant. On this count, the Complainants has prayed for a sum of Rs.5 lakhs towards the value of the goods and also to compensate them to the tune of Rs.2 lakhs for causing physical as well as mental pain, agony, harassment humiliation and Unfair Trade Practice committed by the Opposite Parties besides Rs.21,000/- as litigation expenses, but we are of the view that the claim for compensation to the tune of Rs.5 lakhs + Rs.2 lakhs appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. Moreover, the complainants have failed to prove the actual loss to such extent by filing any cogent and convincing evidence on the record. In our considered view, ends of justice would be fully met if the complainants are awarded lump-sum compensation to the tune of Rs.50,000/- and we award the same accordingly.
8. In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainants and direct Opposite Parties to pay Rs.50,000/- (Rupees fifty thousands only) to the complainants. Compliance of this order be made by Opposite Parties within 60 days from the date of receipt of the copy of this order, failing which the awarded amount shall carry interest @ 8% per annum from the date of filing the present complaint i.e. 05.12.2017 till its actual realization. Copies of the order be furnished to the parties free of cost by District Consumer Commission, Ludhiana and thereafter, the file be consigned to record room after compliance.
9. Reason for delay in deciding the complaint.
This Consumer Complaint was originally filed at District Consumer Disputes Redressal Forum (Now Commission) at Ludhiana and it keep pending over there until Hon’ble State Consumer Disputes Redressal Commission, Punjab vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 has transferred the instant Consumer Complaint alongwith Other Complaints to District Consumer Commission, Moga with directions to work on this file onward from 14th March, 2022 and accordingly District Consumer Commission, Moga has decided the present complaint at Camp Court, Ludhiana, as early as possible as it could decide the same.
Announced in Open Commission at Camp Court, Ludhiana.
