Tamil Nadu

StateCommission

CC/18/2010

ASHOK BALASUBARAMANIAN - Complainant(s)

Versus

EMIRATES AIRLINES,CUSTOMER AFFAIRS MANAGER - Opp.Party(s)

D. ARUN KUMAR

04 Aug 2015

ORDER

 

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

                                   PRESENT :  THIRU.A.K.ANNAMALAI                         PRESIDING JUDICIAL MEMBER

                                                          TMT.P.BAKIYAVATHI                             MEMBER

                                                                                              C.C.NO.18/2010

DATED THIS THE 4^th DAY OF AUGUST 2015

                                                         

                                               Date of filing :  07.01.2010

                                                                                                                                   Date of order : 04.08.2015

Ashok Balasubramanian,

S/o.Balasubramaniam,

No.19, Nu-tech Garden,

19^th Avenue                                                              M/s.D.Arun Kumar

Ashok Nagar,                                                          Counsel for Complainant

Chennai  600083.                                           

                          

-vs-

 

M/s.Emirates Airlines,

Rep by Customer Affairs Manager,

No.12-13, Riaz Garden,                                             M/s.Deepa Hari Govind

Cathedral Garden,                                                   Counsel for opposite party

Kodambakkam High Road,

Chennai 600 034.

          The complaint filed by the complainant before this commission against the opposite party praying to direct the opposite party to pay sum of Rs.50,00,000/-  towards the loss of his luggage and to pay a sum of Rs.50,00,000/- towards the mental agony and pain.   This complaint coming before us for final hearing on 27.07.2015 and heard the arguments on either side, and perused the records and passed the following order:

THIRU.A.K.ANNAMALAI, PRESIDING JUDICIAL MEMBER

1.       The complaint filed under Sec.17 of the Consumer Protection Act, 1986.

          The complainant claimed for direction to grant a sum of Rs.50,00,000/- each towards loss of luggage and towards mental agony and pain alleging deficiency in service while handing with the luggage of the complainant by the opposite party.

2.       The case of the complaint in brief as follows :

          The complainant doing his commercial Pilot License course in South Africa.  After completion of his private pilot license course he had returned to India from Johannesburg, South Africa on 3.8.2008 for his vacation.  The complainant came to India by flight EK 762 from Johannesburg to Chennai on 3.8.2008.  At the time of boarding the flight the complainant had booked three baggages.  After reaching Dubai the complainant was shifted from the above flight to another connecting flight EK 544 on 4.8.2008 to Chennai.  After reaching Chennai it came to light that out of his three baggages one baggage No.EK675578 was missing which was his pilot bag with number lock.  Inspite of thorough search it could not be traced and thereby as per the requests of the opposite party at Chennai report was given and even after 3 days no response made and thereafter by contacting customer care at Nugambakkam on 18.8.2008 he filed baggage inventory containing his Private Pilot License,  pilot log books and other original educational certificates.  When the complainant tried to carry his pilot baggage as a hand luggage as it was objected by the officials of the opposite party at Johannesburg Airport on grounds that both its size and weight exceeded the prescribed norms for a hand luggage it was added with other luggage inspite his protest.  Even after numerous e-mails to the opposite party there was no response.  On 15.8.2008 he received a letter i.e. his complaint had been referred to Tracing office at Dubai and even after 2 weeks no response was received and finally they issued a letter dated 28.8.2008 along with a claim settlement form offering a sum of Rs.200 US Dollars towards the lost baggage.  The lost baggage contained the original private pilot license and the flight log book without which he cannot pursue his further pilot course.  It contained all the other original records.  The complainant had been forced to sit idle in the absence of pilot log book otherwise the complainant has to start the entire course afresh.  He has spent Rs.7,00,000/- towards his private pilot license course.  The entire course for commercial pilot license cost around Rs.60,00,000/- and for the loss of pilot log book and other documents the complainant is barred from rejoining his further course and his entire career is coming to an abrupt half for no fault of his.  After issued a notice on 17.9.2008 a reply dated 7.10.2008 received alleging the blame on the complaint for sending those precious materials by way of ordinary luggage.  Hence, the complainant claiming direction for grant of Rs.50,00,000/- each towards loss of his luggage and towards mental agony and pain.

3.       The opposite party denied the allegation of the complainant in their written version and contended that the complainant had checked in 3 pieces of baggage at Johannesburg Airport for delivery namely at Chennai.  Out of which one bag was short landed on arrival at Chennai and on the basis of the complainant steps were taken for tracing out the same.  The contents of the bag would unknown to the opposite party denying that the bag contained his private pilot’s license, log book etc.  It was denied that the complainant was forced to check in the pilot bag as alleged.  While the allowance for hand baggage is 7 kilos, it was having 10.3 kilos.  Hence he had to check in the hand baggage or  to  reduce  the  weight to 7 kilos.  He opted that check in the bag he should have taken out the  documents and  other papers which are not bulky and carried it in his hand to ensure their safetyness.  The opposite party offered to pay the complainant a sum of Rs.200 US dollors as per the provisions of Carriage by Air Act, 1972, wherein the liability of the carrier is limited to US doller per kg for maximum weight of 20kg.  The bag contained 10kg.  Hence the US dollor200 was offered along with claim settlement forum.  The conditions of carriage in Article 15.5.3 printed on the ticket which clearly states that important documents, cash etc should be carried in person either in the hand baggage as the carrier cannot be liable for loss of such documents / papers, cash or jewellery.  Even in the pilot license was misplaced the new certificate could be issued and claim of Rs.7,00,000/- is irrelevant and claiming of cost for his stay being Rs.60,00,000/- has no bearing and no such costs was spent  It is denied because of loss of entire career become stands still.  Hence as per the Carriage by Air Act 1972 limits the liability of the career a sum of 200 US dollor offered and thereby no deficiency in service and the complaint is to be dismissed.

4.       Both sides have filed their proof affidavit and on the side of the complainant Ex.A1 to A9 are marked and no documents was filed on the side of the opposite party.

5.       The following points are for consideration :

          1.  Whether any deficiency in service on the part of the opposite party in settling the claim towards loss of baggage by offering only 200 US$ alone ?

          2.    Whether the complainant is entitled for the claim of Rs.50,00,000/- each towards loss of baggage and for mental agony and deficiency of service ?

          3.    To what relief?

6.       POINT NOS.1 & 2 :  In this complaint enquiry the complainant while travelling from Johannesburg  to Chennai through the opposite party’s flight on 3.8.2008 entrusted three baggages as checked in luggage and while on transit at Dubai he had travelled in another connected flight EK 544 on 4.8.2008 to Chennai and on arrival at Chennai he came to know that one of the baggage containing Private Pilot log book and other papers connected with his profession on private pilot log book and thereby he claimed in the complainant to that extent of Rs.50,00,000/- each towards loss of baggage and mental agony and deficiency in service.  Whereas the opposite party contended by admitting the loss of baggage during transit of the same in the flight and offered 200 US dollors as per the convention and regulations of the provisions of the Carriage by Air Act, 1972 wherein the liability of the career is limited to US 20 dollor per kg make weight for 20 kg and since the complainant’s lost baggage was 10kg a sum of 200 us dollors offered and this was refused by the complainant alleging he had lost his valuable documents like Private Pilot license, pilot log book and other original education certificates, even though he was trying to carrying the same on hand luggage from Johannesburg and in view of the refusal made by the opposite party to carry the same as hand bag since it is alleged exceeding the permissible weight and size of the bag permitted to be carry as hand luggage and thereby he was forced  to  left it to be carried as check in luggage alone with other two baggage  since it is not in dispute that the alleged baggage was missing  and  admitted by  the  opposite  party and   also  come forward to offer a sum of 200 US dollors as per the rules and regulations we have to see that the claim of the complainant for Rs.50,00,000/- as compensation for the loss of baggage claimed is somewhat exaggerative and non proportionate to the contents of things in the bag which is alleged to have containing private pilot license, log book and his original education certificates as alleged in the complainant.  On perusal of Ex.A1 Baggage Inventory Forum furnished to the opposite party, the complainant stated the loss of baggage missing the weighing 10.3 Kgs with external identification as pilot bag with number lock, numeral No.2 is written in it (TOSCA) BRAND and Description of contents as follows:

Number of items	Item / Description	Date of purchase	Purchase value	Present value
1.	Pilot Log Book	14/2/08	4,000 Rs	6,00,000/-
2.	PPL Books	14/2/08	15,000 Rs	15,000/-
3.	Navigation Maps	14/2/08	2,000 Rs	8,000/-
4.	Pilot Headset + Bag	14/2/08	11,000 Rs	11,000/-
5.	Knee Pad	14/2/08	2,000 Rs	2,000/-
6.	CX2 Path Finder	15/2/08	6,000 Rs	6,000/-
7.	Navigation Scale & Protractor	14/2/08	500 Rs	500/-
8.	Pilot Leather Bag (TOSCA)	14/2/08	7,000 Rs	7,000/-
9.	Fuel Strainder	14/2/08	1.500 Rs	1,500/-
	Total		55,000/-	6,55,000/-

Having purchase value of Rs.55,000/- and in all and in present value  Rs.6,55,000/- and making of Item No.1 Pilot Log Book as Rs.6,00,000/- against which the purchase value mentioned as Rs.4,000/-.  Even though the complainant alleged that he completed Private Pilot License and bringing the connected papers for the purpose of joining commercial pilot course by spending already Rs.6,00,000/- for the private pilot license course and thereby he had asked the Pilot Log Book as value of Rs.6,00,000/- which we cannot accept as a justifiable one.  The complainant even though alleged pilot log book and original education certificates in the complaint in the Inventory he had not mentioned in the complaint about the Original educational certificates except to point out as Pilot Log book, Private Pilot License with value of Rs.15,000/- and Navigation Maps and Pilot Headset + Bag Rs.11,000/- Cx2 Pathfinder for the value of Rs.6,000/- Navigation Scale & Protractor for the value of Rs.500/- and Pilot Leather Bag for Rs.7,000/- these items all, the complainant did not come forward to say are replaceable with new one available in the market and as far as the Pilot Log Book and PPL Books are concerned they could be replaced by obtaining by way of duplicate or certified copies from the institutions where he had undergone private Pilot License course and for the same the present value mentioned as Rs.6,55,000/- was actually spent is certainly as an exaggerated one.  Further the complainant averred in the complaint in para-7 that he is doing his commercial Pilot License course in South Africa after completion of his Private Pilot License he had returned to India from Johannesburg, South Africa on 3.8.08 for his vacation.  The complainant came to India by flight EK 762 from Johannesburg to Chennai on 3.8.08.  At the time of boarding the flight the complainant had booked three baggage. After reaching Dubai the complainant was shifted from the flight to another connecting flight EK 544 on 4.8.08 to Chennai whereas he had averred that the lost baggage contained the original private pilot license and the flight log book without which he cannot pursue his further pilot course and the baggage contained all the other original school certificates.  He had stated that the commercial pilot license course would cost around Rs.60,00,000/- and on Ex.A1 Baggage Inventory Form he did not mentioned anything about the school certificates except PPL records and further he has stated that he had lost the opportunity of commercial Pilot course which is contra to the pleading in para-3 of the complaint in which he had stated that he is undergoing commercial pilot course.  In those circumstances we are of the view that the complainant for the purpose of claiming compensation for the loss of luggage exaggerated the claim for gaining more money as compensation.  Though the opposite party offered 200 US$ as compensation for the proportionate loss as per the Carriage By Air Act, 1972 and contended that they are not liable to pay more than that though under the same Act they are not bound to pay more than the money, there is no bar to consider to grant justifiable compensation for causing mental agony and other hardships because of missing log book when the complainant alleged that he had lost the documents relating to Private Pilot License, School certificates in view of the provision under Sec.3 of the Consumer Protection Act, 1986.  In those circumstances by considering the facts and circumstances of the case even though the complainant claimed Rs.50,00,000/- each towards loss of Log books and mental agony and pain it would be justifiable to grant a sum of Rs.50,000/- as compensation for the same, apart from the offer made by the opposite party to give 200 US$ and accordingly these points are answered.

7.       POINT NO.3 :  In view of the point Nos.1 & 2 the complaint is allowed in part by directing the opposite party to pay a sum of Rs.50,000/-  as compensation for the loss of baggage apart from the amount of 200 US$ to the value of Indian money as on the date of offer under the Carriage by Air Act, 1972 and this point is answered accordingly

          In the result, the complaint is allowed in part by directing the opposite party to pay a sum of Rs.50,000/- as compensation for the loss of baggage apart from the amount of 200 US$ to the value of Indian money as on the date of offer under the Carriage by Air Act, 1972 and

          directed the opposite party to pay a sum of Rs.5000/- as costs to the complainant.

          These directions shall be complied within a period of six weeks from the date of receipt of this order.

 

P.BAKIYAVATHI                                                          A.K.ANNAMALAI

    MEMBER                                                     PRESIDING JUDICIAL MEMBER

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT :

Sl.No	Date	Descriptions
Ex.A1	04.08.2008	Copy of Baggage Inventory Form
Ex.A2	08.08.2008	Copy of Property irregularity Report
Ex.A3		Coy of Pilot License
Ex.A4	15.08.2008	Copy of Letter issued by the opposite party
Ex.A5	28.08.2008	Copy of Letter issued by the opposite party
Ex.A6	03.08.2008	Copy of Baggage pass
Ex.A7	17.09.2008	Copy of Legal Notice issued by the complainant
Ex.A8		Copy of Acknowledgement card
Ex.A9	07.10.2008	Copy of Reply Notice issued by the opposite party

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :  NIL

 

P.BAKIYAVATHI                                                      A.K.ANNAMALAI

     MEMBER                                                     PRESIDING JUDICIAL MEMBER

 

INDEX; YES/ NO

VL/D/PJM/AIRLINES