DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .
Complaint No. 468
Instituted on: 02.09.2019
Decided on: 15.03.2021
Manpreet Kaur aged about 47 years wife of Inderpal Singh, resident of Sangat Colony, Bhawanigarh, Tehsil Bhawanigarh, District Sangrur.
…. Complainant.
Versus
1. China Southern Airlines, 27, Building-118, New Delhi House, 1st Floor, Barakhamba Road, Delhi-110001 through its Managing Director.
2. Airport Authority of India, Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110003 through its Authorized Representative. (Notice not issued to the op number 2).
….Opposite parties.
For the complainant: : Shri Tarun Kumar, Adv.
For the OP No1. : Exparte.
Quorum: Shri Jasjit Singh Bhinder, President
Shri V.K.Gulati, Member
ORDER:
Shri Jasjit Singh Bhinder, President
FACTS
1. Smt. Manpreet Kaur, complainant has filed this complaint against the opposite parties pleading that the complainant obtained the services of OP number 1 by purchasing air ticket bearing number 7843607884160 from Australia to Delhi from Mann Travel Limited on 16.5.2019 from Sangrur online vide booking reference number 117773. Further case of the complainant is that thereafter the complainant along with her husband went to Australia on 9.6.2019 to meet their son and thereafter the complainant along with her husband returned to India on 30.6.2019. At that time the complainant was carrying one luggage/ baggage number C2332395 of red colour of 24 Kgs with her along with other luggage. The grievance of the complainant is that the said bag contained ladies suits worth Rs.20,000/-, dry fruit/eatables for Rs.20,000/- , pillow covers, candles, mufflers, bottles amount to Rs.20,000/-, 5 bottles of Zara perfumes of Rs.15,000/-, Zara top and jeans of Rs.20,000/-, apple i-pod for Rs.20,000/-, undergarments, night suits, kurta pajama for Rs.20,000/-, chocolates of Rs.5000/-, warmers etc. for Rs.10,000/-, 3 pairs of zara shoes of Rs.20,000/-, branded make up kit of Rs.30,000/-, costly watches of Rs.20,000/-, two branded jackets etc. for Rs.25,000/-, electric machines of Rs.18000/- and medicines worth Rs.10,000/- i.e. total Rs.2,93,000/-.
2. Further the complainant has averred that the OP number 1 lost the said bag and the complainant lodged the complaint with the OPs vide reference number DELC2 dated 30.6.2019 and later on the complainant sent mails claiming an amount of Rs.3,00,000/-. Further case of the complainant is that thereafter the OP number 1 sent reply to the complainant through mail dated 8.7.2019 whereby the OP number 1 admitted their guilt and offered US Dollars of 480 to the complainant i.e. Rs.36,000/- only, but the complainant refused to accept the same. As such, alleging deficiency in service on the part of the OPs, the complainant has prayed that the Opposite parties be directed to return the aforesaid bag along with all the articles or in the alternative to pay to the complainant an amount of Rs.3,00,000/- along with interest @ 18% per annum from the date of loss i.e. 30.6.2019 till realization and further to pay Rs.1,00,000/- as compensation and further to pay Rs.22,000/- as compensation and litigation expenses.
3. Record shows that the OP number 1 did not appear despite service, as such it was proceeded against exparte.
EVIDENCE AND FINDINGS
4. The learned counsel for the complainant tendered documents and closed evidence.
5. The learned counsel for the complainant has argued that the complainant obtained the services of Op number 1 by purchasing air ticket bearing number 7843607884160 from Australia to Delhi from Mann Travel Limited on 16.5.2019 from Sangrur online vide booking reference number 117773. Further the learned counsel for the complainant has argued that thereafter the complainant along with her husband went to Australia on 9.6.2019 to meet their son and thereafter the complainant along with her husband returned to India on 30.6.2019. At that time the complainant was carrying one luggage/ baggage number C2332395 of red colour of 24 Kgs with her along with other luggage. The learned counsel for the complainant has further argued that the said bag containing goods worth Rs.2,93,000/- was lost by the OP, but failed to reimburse for the same.
6. To prove this case, the complainant has tendered Ex.C-1 affidavit and has deposed as per the complaint, Ex.C-2 to Ex.C-4 are the customer copy, ExC-5 to Ex.C-13 are the copies of various bills by which the complainant purchased articles. Ex.C-14 to Ex.C-16 are the mails sent to China Airlines regarding the loss of luggage. Ex.C-17 is the ticket detail, ExC-18 is the report of missing of goods and Ex.C-20 is boarding pass and Ex.C-21 to Ex.C-22 are the photographs.
7. In the present case, the complainant has claimed the amount of Rs.3,00,000/- as compensation along with interest due to loss of luggage. The onus was on the complainant to prove that he has lost the goods worth Rs.3,00,000/- which were in the suit case. But the complainant has failed to prove that all the goods which he had purchased were in the suit case. So, there is no proof on record that he has suffered a loss of Rs.3,00,000/- due to loss of suit case.
8. In view of our above discussion, we allow the complaint and direct OP number 1 to pay to the complainant an amount of Rs.40,000/- as compensation for loss of luggage. We further direct OP number 1 to pay to the complainant an amount of Rs.10,000/- as compensation for mental tension, agony and harassment and an amount of Rs10,000/- in lieu of litigation expenses. This order be complied with within 60 days from the receipt of copy of this order. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.
Pronounced.
March 15, 2021.
(Vinod Kumar Gulati) (Jasjit Singh Bhinder)
Member President
