ORDER (ORAL) IA/9510/2018 (Condonation of delay) This application has been filed by the appellants seeking condonation of delay of 32 days in filing the present appeal for the reasons disclosed in the application. Learned counsel for the respondents / complainants submits that they have no objection if the delay is condoned, subject to payment of cost. For the reasons disclosed in the application and in view of no objection and in the interest of justice, delay is condoned subject to payment of cost of Rs.25,000/-. Out of this, amount of Rs.20,000/- shall be paid to the respondents / complainants (Rs.10,000/- each) within four weeks by way of demand draft. The balance amount of Rs.5,000/- be deposited with the Consumer Legal Aid Account of this Commission within four weeks. FA/822/2018 1. The present appeal has been filed against the order dated 19.02.2018 in complaint no. 487 of 2015. 2. The brief facts of the case are that the respondents / complainants (hereinafter referred to as complainants) had booked an Air India flight AI-21 on 13th August, 2015 and handed over the check-in luggage at the counter of the appellants at Netaji Subhas Chandra Bose International Airport, Dum Dum as they were travelling from Kolkatta to New Delhi on professional purpose as they are advocates by profession. On reaching the Indira Gandhi International Airport, New Delhi when they failed to get their luggage at the luggage belt, they contacted the Baggage Service Cell of the appellants. Finally they lodged a complaint before the authority concerned at the airport itself as despite several efforts, the appellants failed to trace their baggage. Since they were not compensated by the appellants for the loss of baggage and despite efforts, they could not return the baggage, the respondents filed a complaint before the State Commission. 3. Upon the notice issued to the appellants, they filed their written statement. The written statement on behalf of O.P. No. 1 and O.P. Nos. 2 to 4 filed separate written statements. The appellant, who was O.P. No. 2 before the State Commission, contended that they tried to locate the luggage but they could not retrieve them. They even tried to contact the complainants over the phone to know the description of their luggage including its contents but the complainants had failed to provide any description. Also after a long gap, on 23rd February, 2016, the complainants send a message to the Air India, Delhi Baggage Cell enquiring about their lost baggage. It was also contended that the opposite parties were willing and ready to pay compensation as per the guidelines of the aviation sector. 4. Parties led their evidences and after hearing the arguments of learned counsel for the parties and perusing the entire record, the State Commission allowed the complaint and issued following directions: The complaint, accordingly, succeeds in part. Hence, O R D E R E D The complaint is allowed on contest in part against the OP Nos. 2 to 4 and dismissed against the OP No. 1. OP Nos. 2 to 4 are jointly and/ or severally directed to pay Rs.2,00,000/- to each of the complainants within 40 days hence. Besides, both the complainants are also entitled to get Rs.10,000/- as litigation cost from the OP Nos. 2 to 4. In default, the aforesaid compensation amount (not the litigation sum) shall carry simple interest @ 9% p.a. for the entire period of default. 5. This order has been impugned before us on various counts. However, during the course of arguments learned counsel for the appellants, on instructions, confined the arguments on the quantum of compensation awarded to the complainants and submits that it is on a very higher side especially in view of contentions of the complainants in their complaint. It is submitted in Para 7 of their complaint the complainants had not given any specific items of value and had only stated that their luggage contained dress of the complainants, lap-top charger, mobile charger, the coats and gowns (as required by an advocate to appear before the Hon’ble Supreme Court of India). It is prayed that in view of these facts, the compensation awarded is towards higher side and be reduced. 6. Learned counsel for the complainants submits that they were having two small suitcases (trolleys) as check-in baggage and each baggage was containing the items pertaining to the complainants. It is also submitted that both were coming to Delhi to attend the proceedings before Hon’ble Supreme Court of India. 7. We have perused the file and have considered all the relevant documents on record. Considering the fact that the check-in baggage was containing only dresses of the complainants, lap-top charger, mobile charger, the coats and gowns of the complainants and certain important documents which also got lost due to deficiency on the part of the appellants, while confirming the order of the State Commission on the point that the appellants are guilty of deficiency, we feel that the order regarding amount of compensation needs to be modified. Accordingly, while modifying the impugned order, we issue following directions:- The appellants are directed to pay a sum of Rs.1,00,000/- (Rs. One lakh) to each of the complainants within six weeks along with litigation cost of Rs.20,000/- to each of the complainants. The amount shall be paid within six weeks. In default it shall carry simple interest @ 9% p.a. for the period of default. With these directions, the present appeal stands disposed of. |
