In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 302 / 2006 1) Sri J.R. Sachdev, 32A, Ganesh Chandra Avenue, Kolkata-700013. ---------- Complainant ---Verses--- 1) Deccan Aviation Pvt. Ltd. 15, Park Street, Kolkata-16. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 1 9 Dated 0 9 / 1 2 / 2 0 0 9 . 1. The instant case arises out of the complaint filed on 22.11.06 by Sri J.R. Sachdeva, the complainant against Deccan aviation Pvt. Ltd., A.P.J. House, 8th floor, 15, Park Street, Kolkata-16 with a prayer to direct the o.p. (a) to pay Rs.48,000/- being the value of the lost baggage, (b) to refund Rs.1050/- being extra weight charges collected from the complainant, (c) to pay compensation amounting to Rs.50,000/- for harassment and mental agony suffered by the complainant due to the o.p’s failure to settle complainant’s claim within reasonable time, (d) to pay the litigation cost and (e) such other relief including interest as the Forum thinks fit and proper. 2. Specific case is that the complainant trevelled from Kolkata to Chennai in the o.p’s flight no.DN618 (PNE No. DAO 2388934) on 28.11.05. His baggage included a brown cartoon weighing 25 kgs carrying valuable machinery parts valued at Rs.48,000/-. Owing to overweight of the luggage, the complainant paid Rs.1050/- for excess baggage (annex-A). 3. Upon reaching Chennai, the said brown cartoon was found missing and o.p. failed to deliver back the same to the complainant. The complainant forthwith lodged a complaint about the undelivered cartoon by the o.p. on 28.11.05 in the o.p’s complaint form mentioning his address as “Jayvee Engineering Corporation, 32 A, Ganesh Chandra Avenue, Kolkata-13 (annex-B). In spite of Advocate’s legal notice dt.8.2.06, the o.p. did not respond. Hence the complainant filed the case. 4. Decision with reasons : (a) Before arriving at any decision, let us found out whether the complainant is a consumer at all in the context of C.P. Act, 1986. On perusal of petition of complaint, w/o of the o.p., affidavit of examination in chief of the complainant, affidavit of examination in chief of the o.p., the BNA of both sides, it is evident that the complainant is the proprietor of the M/s. Jayvee Engineering Corporation of 32 A, Ganesh Chandra Avenue, Kolkata-13 and he travelled by the flight of Air Deccan (annex-B and letter of authority annexed with petition of complaint). (b) Nowhere in the petition of complaint or in other documents on record the details of the valuable machinery was specified. Nor any declaration of valuable machinery along with his value was made at the check-in counter. (c) There is no doubt in concluding that the complainant being the proprietor of the said company could not disclose the details of the valuable machineries and adduce any evidence to show that he run this business by him for his livelihood by self employment and without the aid of any person. (d) It is also admitted by the o.p. that he is the proprietor of the company in question. (e) In view of the position stated above, it is hereby concluded that the complainant is not a consumer u/s 2(d)(1) of C.P. Act, 1986. Hence, the case is dismissed and disposed of from this forum. However, the complainant is given liberty to take recourse to appropriate forum/court for adjudication of his case. Fees paid are correct. Supply certified copy of this order to the parties on receipt of prescribed fees. _____Sd-_______ _______Sd-_____ MEMBER PRESIDENT | 
