Karnataka

Bangalore 4th Additional

CC/1605/2016

Naga Anil Samoju, - Complainant(s)

Versus

Customer Experience, Spicejet Ltd., - Opp.Party(s)

30 Aug 2019

ORDER

Complaint Filed on:03.12.2016

Disposed On:30.08.2019

                                                                              

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

 

 

    DATED THIS THE 30^th DAY OF AUGUST 2019

 

PRESENT

SMT.PRATHIBHA. R.K., BAL, LLM - PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

                          

                      

Complaint No.1605/2016

 

 

 

COMPLAINANT	Sri.Naga Anil Samoju, 30 years, Venkateswara Nilayam, Building No.6, First Floor, Venkateswara Layout, Immadahalli Main Road, Whitefield, Bengaluru – 560066.   Advocate – Sri.N.Nagaraja.         V/s
OPPOSITE PARTies	1) Nafees Ahmad, Senior Executive, Customer Experience, SpiceJet Ltd., 319, Udyog Vihar, Phase IV, Gurgaon – 122016.   2) Customer Relations Officer, SpiceJet Ltd., Airport Office, No.10, Bangalore International Airport, Devanahalli, Sulibele Road, Shanthi Nagar, Bangalore-562110.   Advocate for OP-2 Sri.Bojanna K.J.

                                       

 

ORDER

 

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

            This complaint is filed by the Complainant against the Opposite parties (herein after called as OPs), under section 12 of the Consumer Protection Act, 1986. The Complainant prays to direct the OPs to pay Rs.40,000/- towards compensation for loss incurred, to pay Rs.50,000/- towards harassment and inconvenience cost.  

 

2. The brief facts of the complaint is as under:

 

The Complainant submits that, the Complainant boarded Spice Jet Flight No.SG3309 from Bangalore to Vijayawada on 28^th July 2016.  Complainant further submitted that he checked in Bangalore with 7 bags and the complainant received only 6 bags in Vijayawada.  Approximately the bag is around 6 kgs.  The said fact was reported to the Spice Jet Authorities.  After thorough investigation the OPs observed that one bag was missing.  Hence the OPs are ready to pay Rs.200/- per kg totally Rs.1,200/- for 6 kgs.  Complainant submitted that the value of the item in the bag was Rs.40,000/-.  The items in the bag were 4 silk sarees, silver jewellery and other valuables.  Hence the complainant seeking for Rs.50,000/- as compensation and Rs.50,000/- towards harassment and inconvenience and cost.  Hence, the Complainant filed this complaint.

 

3. The OPs appeared before this Forum and filed objections. In the objection, the OPs submitted that the complaint is not maintainable as the complainant is trying to take benefits of its own wrongs, misdeeds and malafide acts.  The complainant who was well aware and conversant about the terms and conditions contained in the e-ticket.  As per the terms and conditions of Safety and Security which reads here as under:

 

Safety and Security:

 

Spicejet highly recommends that you remove all valuable (cameras, jewellery, money, electronics, perishables etc.) and medication from your check in baggage and place them in your carry on.

 

In case, the passenger decides to carry any valuables in their checked in baggage, against the above advice, they will do this at their own risk and shall not hold SpiceJet responsible for any pilferage/damage/etc. to such valuables.

 

Baggage:

 

The carrier’s liability for loss of baggage is limited to Rs.200/- per Kg with a maximum of Rs.3,000/- only.  The carrier assumes no liability for fragile or perishable articles.

 

As per the above terms and conditions, the passengers have been advised not to carry any valuables including money, currency, jewellery other valuables and medication etc., in their check in baggage and in case the passengers do so, they shall be doing so on their own risk and cost without assuming any liability upon the carrier i.e., SpiceJet.  It is submitted that the terms of carriage as well as the stipulations contained in Carriage by Air Act makes it specifically clear that the liability of the airline in case of loss of baggage is Rs.200/- per Kg., subject to maximum of Rs.3000/-.  That in view of the aforesaid stipulations, the OP has already made an offer to compensate the complainant for the same with an amount of Rs.1,200/-.  The said offer has not been accepted by the complainant.

 

OPs further submitted that the present complaint filed on behalf of the complainant is not maintainable in as much as the alleged loss has been caused to the complainant due to his own negligent and careless conduct.  OPs submitted that despite knowing the terms and conditions, the complainant himself choose to keep the valuables in the check in baggage flouting the terms of the contract and as such the OP is not liable to make good any loss alleged to have been suffered by the complainant.  That without prejudice to the contentions of the OPs that no liability can be fastened upon the OP for the alleged loss suffered by the complainant.  It is submitted that no proof, whatsoever, has been furnished or filed by the complainant at the time of travel or thereafter along with the complaint substantiating his allegations regarding carrying of the alleged goods by him in check in baggage and as such, in absence of the same, no compensation, whatsoever, can be awarded to the complainant.  The contents of the complaint filed by the complainant itself is false, frivolous and misconceived.

 

OPs further submitted that immediately after loss of the said baggage at the airport the complainant lodged BIR (Baggage Irregularity Report) and relevant information filled and duly signed by the complainant himself.  That the BIR reveals that the baggage contained ‘clothes’ only and nothing else.  Without prejudice to the other rights and contentions of the OP, at the first instance, the complainant should not have put in the said article in the baggage and moreover, since the baggage contained only said article, and as such, the value of the goods in the same cannot be Rs.40,000/- as alleged and demanded by the complainant.  That the complainant with mala-fide intention in order to mislead the Forum has made false and frivolous, misleading and contradictory allegations in his complaint claiming that the alleged baggage contained articles worth Rs.40,000/- or more.  There is nothing on record to prove the same.  In absence of the same, the present complaint is liable to be dismissed with heavy costs.  All the allegations are misconceived and have been levelled with the malafide intentions and ulterior motives of extracting money from the OPs.

 

OP further submitted that for the said loss of baggage no liability, of any nature, whatsoever, can be attributed upon the OPs in as much as the OPs have tried their best to locate the said baggage by directing its staff concerned to look out for the same in various airports.   That when the OPs could not locate the said baggage, despite their aforesaid hard, sincere and continuous efforts.  Subsequently as per the relevant and applicable contract between the parties, an offer to compensate the complainant for the same with an amount of Rs.1,200/- by the OPs was not been accepted by the complainant.  As such he is now stopped from espouse the said cause.  That the terms of carriage is a valid and binding contract between the parties, thereby limiting the liability of the OP in case of baggage loss as Rs.200/- per Kg., subject to maximum of Rs.3,000/-.

 

OP further submitted that the present complaint filed by and on behalf of the complainant is not maintainable in as much as all the alleged damages sought were never within the contemplation of the parties, at the time of booking of ticket or journey.  The complaint and the compensation sought is bad for remoteness of damages and damages sought are so remote that the parties could not have contemplated the same at the time of issuance of the tickets.  Moreover, the terms of the carriage, which are binding to the parties, contain prohibitory restrictions upon the complainant from carrying the valuable articles and goods.  Admittedly the complainant failed to declare the contents and value of the articles contained in the said baggage.  In absence of the same, the applicable rules stipulate that the passenger would be entitled to the fixed and statutory compensation contained in the said rules as well as terms of carriage.  There is no record pertaining to the above said items is in the bag.  Hence OP prays this Forum to dismiss the complaint.

 

4. In the course of enquiry into the complaint, the Complainant has filed his affidavit reproducing what they have stated in his complaint.  OP-2 filed objection. Both parties have filed written arguments. Both parties have produced documents which were marked. We have heard the arguments and gone through the oral and documentary evidence scrupulously and posted the case for order.  

 

5. Based on the above materials, the following points arise for our consideration;  

 

 

 

1. Whether the Complainant has proved that there is deficiency in service on the part of the OPs, if so, whether he is entitled for the relief sought for?

 

2.  What order?

 

6. Our findings on the above points are as under:

 

Point No.1:  Negative

Point No.2:  As per the order below

 

 

REASONS

 

 

7. Point No.1: On perusal of evidence of both the parties, it is an admitted fact that, the complainant boarded SpiceJet Flight No.SG3309 from Bangalore to Vijayawada on 28^th July 2016.  The complainant check in Bangalore with 7 bags but the complainant received only 6 bags in Vijayawada.  The OP-2 admitted the loss of one bag and has assessed the loss at Rs.200/- per k.g as per the clause 33 of terms of carriage.  Clause 33 of terms of carriage reads as here under:

 

The Carrier’s liability for loss or damage to baggage is limited to Rs.200 per kg with a maximum of Rs.3000 only.  The carrier assumes no liability for fragile or perishable articles.

 

8.  The OPs have offered Rs.1,200/-for 6 kg baggage.  The complainant refused to accept the offer made by the OPs.  The complainant demanded sum of Rs.40,000/- as price of misplaced articles and Rs.50,000/- towards harassment and inconvenience cost.  The OP-1 submitted that the complainant lost the baggage due to his own negligence and carelessness conduct.  The complainant knowing the terms and conditions and himself choose to keep the alleged valuables in the check-in baggage.  Hence OP is not liable to make good any loss alleged to have been suffered by the complainant as per the terms and conditions of carriage.  The OP-1 further submitted that the complainant has not produced any documentary evidence to prove that he was carrying valuable goods by him in check-in baggage.

 

9. Admittedly in the case on hand as per the terms and conditions of safety and security, Spicejet recommends not to carry any valuables which includes jewellery in check-in baggage.  Further the Airline is not responsible for any pilferage/damage/etc., and the passenger shall carry valuables at their own risk.

 

10. The complainant has carried valuables in check-in baggage contrary to the terms and conditions of the security norms.  Further OP is liable to pay only Rs.200/- per kg as per their conditions.  Admittedly the OPs have ready to pay Rs.200/- per k.g total amount of Rs.1,200/- for the loss of baggage.  Hence on the above facts there is no deficiency in service on the part of OPs.  Therefore, the complainant is not entitled for any relief as prayed.  Accordingly, we answered the point no.1 in the negative.

 

11. Point no.2: In the result, for the foregoing reasons, we proceed to pass the following order.

 

ORDER

 

The complaint filed by the Complainant is dismissed.  No costs.

 

          Supply free copy of this order to both parties. 

 

(Dictated to the Stenographer, transcribed and typed by her/him, corrected and then pronounced by us in the Open Forum on this, the 30^th day of August 2019)

 

 

(ROOPA.N.R)       MEMBER

(PRATHIBHA.R.K)    PRESIDENT

 

 

 

1. Witness examined on behalf of the complainant by way of affidavit:

 

Sri.Naga Anil Samoju, who being the Complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1	Copies of email correspondence of Spice Jet.
Ex-A2	Copy of Baggage Irregularity Report.
Ex-A3	Copy of Spice Jet Flight boarding passes of passengers.
Doc.1	Paper cutting
Doc.2	Jewellery bill.

 

 

Copies of Documents produced on behalf of OP-2:

 

Doc.1	Copy of terms and condition of Spice Jet Airways.
Doc.2	Copy of Authority letter.

 

 

 

(ROOPA.N.R)       MEMBER

(PRATHIBHA.R.K)     PRESIDENT

 

 

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