Tamil Nadu

North Chennai

59/2013

Fredick Wilson, Proprietor, - Complainant(s)

Versus

Emirates Airways, rep.by Branch Manager, - Opp.Party(s)

M/s.Motilal Goda

04 Jul 2016

ORDER

                                                           Complaint presented on:  11.03.2013

                                                                Order pronounced on: 04.07.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 04^th  DAY OF JULY 2016

 

C.C.NO.59/2013

 

 

Fredrick Wilson,

Proprietor,

Super Tech Engineering Company,

4/67, Richard Street, NGGO Colony,

Coimbatore – 641 002.

                                                                                         

                                                                                         ..... Complainant

 

..Vs..

	1.Emirates Airways, Represented by its Branch Manager, 12-13, Riaz Garden, Cathedral Garden, Kodambakkam High Road, Chennai – 600 034.   2.The Service Manager,Emirates Airways, Emirates Airport, II Floor, Departure Terminal, Anna International Airport, Chennai – 600 027.
	...Opposite Parties

Date of complaint                                  14.03.2013

Counsel for Complainant                      : M/s. Mothilal, Goda & Kalliat

Counsel for   opposite parties                 : Mrs. Deepa Harigovind

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1. THE COMPLAINT IN BRIEF:

        The Complainant is an industrialist along with his friends and his family members arranged a trip to Nice (France) for a summer vacation during the period 26.05.2012 to 03.06.2012. They boarded the Opposite Parties’ Emirates Airways Flight No.EK543 on 26.05.2012 at Chennai Air port at about 4.15 a.m. On reaching Nice, the Complainant noticed that in one of his suitcase lock was tampered and the suitcase could not be opened and hence the Complainant continued the journey. On returning to Chennai, he checked the contents of the suitcase and found that his credit cards were missing. He also learnt that illegal transaction were taken place with his credit cards and immediately he obtained the bank statement and found that some fraudulent transactions done by third persons, using stolen credit cards. The Complainant sent an e-mail to the Chief Vigilance Officer, Airport Authority of India on 06.06.2012 informing the theft of his credit cards. On 13.06.2012 he lodged a Complaint with the Chennai Airport Police Station and an FIR was registered on 16.06.2012 in crime No.226/2012 for the offence U/S 380 IPC. On his own initiative he approached the shop establishments where the transaction had taken place, with the cooperation of the management of those establishments by checking the CCTV recording for the dates and time, in which the stolen cards were used. With the help of the above said management the copy of the footage was given to the police and they identified the four culprits viz., 1) Zahir Usain, 2) Kumaresan, 3) Salim and 4) Muthuswamy who were all employed in the cargo division of the Opposite Parties Airways. The above culprits confessed the theft and misuse of the Complainant’s credit cards. They have also misused the cards for a sum of Rs.47,000/- and the collection agents of the ICICI Bank and Standard Chartered Bank demanded the Complainant to repay the said amount.  A passenger luggage once checked in and handed over to the Airlines Staff; it is their responsibilities to safe guard the same and if any pilferage in the luggage the Airlines should compensate the passengers.  Due to the Deficiency in Service of the Opposite Parties the Complainant suffered with mental agony.  Hence the Complainant filed this Complaint for refund of the above said amount with 18% interest and also compensation for mental agony with cost of the Complaint.

2.WRITTEN VERSION OF THE OPPOSITE PARTIES IS IN BRIEF:

          At the time of check in of the bag of the Complainant at Chennai airport no declaration was made in respect of contents of the bag. At Nice airport, the Complainant alleged that the bag lock was tampered with and could not open and yet the Complainant continued with his journey and opened the bag after he arrived back to Chennai and found that credit cards were missing. No Complaint was lodged at Nice airport in respect of the alleged tampering of the lock. Furthermore the Complainant has made a claim only after his return back to Chennai. No efforts were made by the Complainant for reporting the loss of credit cards to his bankers and he alleged that his local cell phone was not in use abroad, so he was not aware of any transactions that took place. The fault if any clearly lay with the Complainant who in the first place should never have packed credit cards in the checked in baggage. The conditions of Carriage as mentioned on the ticket and also appearing on the website of this Opposite Party clearly states that the carrier will not be liable for loss of items like jewellery, cash, important documents etc. and such items should always be carried in the hand bag. These Opposite Party states that no prudent businessman would ever risk carrying cash and credit cards in the checked in baggage and the Complainant is the cause of his own miseries. Thus the loss if any caused to the Complainant cannot be attributed to be negligence on the part of this Opposite Party and thus the demand for payment of compensation cannot be entertained and the Complaint deserves to be dismissed.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what relief?

4.POINT NO:1

          It is an admitted fact that the Complainant boarded the Opposite Parties Flight, emirates Airways, No.EK543 on 26.05.2012 at Chennai International Airport at 4.15 a.m to go to Nice. His travel ticket is marked as Ex.A1. On reaching nice the Complainant noticed that one of his suitcase lock was tampered and the said suitcase could not be opened and on returning to Chennai, when he checked the contents, he found that his credit cards were missing and later on verification from the banks he came to know that fraudulent transactions were done to an extent of Rs.47,000/- by using his stolen credit cards and on his own initiative with the cooperation of the staff/Management of the shop establishments  and furnishing copy of the CCTV footage to the police  four culprits were identified by the police as  1) Zahir Usain, 2) Kumaresan, 3) Salim and 4) Muthuswamy  and they have also admitted the theft  and misuse of the Complainant’s credit cards.

5. Ex.A3 is the FIR registered in respect of the above theft. The Assistant Commissioner of Police, Menambakkam Range also issued Ex.A6 certificate of appreciation dated 05.08.2012 to the Complainant in identifying the aforesaid accused. All the aforesaid facts in respect of theft and misuse of credit card for a sum of Rs.47,000/-  done by the aforesaid employees of the Opposite Parties Airways  not denied by the Opposite Parties. Therefore the Complainant proved that the employees of the Opposite Parties have committed theft and misused his credit cards for a value of Rs.47,000/- and therefore we hold that the Opposite Parties have committed Deficiency in Service  in respect of the Complainant’s  baggage.

6. POINT NO: 2

          As the Opposite Parties employees committed theft and misused the credit cards of the Complainant, the Complainant is entitled for refund of the amount of Rs.47,000/- from the Opposite Parties.  The Complainant prayed for compensation for the mental agony suffered by him. The Complainant suffered with mental agony is accepted. Further, the Assistant Commissioner of Police has also appreciated the assistance rendered by the Complainant to nab the culprits and also issued Ex.A6 certificate to him. In such circumstances, it would be appropriate to order compensation to the Complainant 9% interest for the misused amount of Rs.47,000/- to the Complainant from the date of transaction on 26.05.2012 to till the date of payment. Further, the Complainant is also entitled for a sum of Rs.5,000/- towards litigation expenses.

In the result the Complaint is partly allowed. The Opposite Parties are ordered to refund a sum of Rs.47,000/- (Rupees  forty seven thousand only)  with 9% interest from 26.05.2012 to till the date of payment to the Complainant and also  to pay a  sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

          The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.  

Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 04^th day of July 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 23.05.2012                   Electronic Ticket

Ex.A2 dated 16.06.2012                   Complaint given by Complainant to Inspector of

                                                police, S-2, Airport police Station

 

Ex.A3 dated 16.06.2012                   First Information Report

Ex.A4 dated  20.06.2012                  Paper Report in the Hindu

Ex.A5 dated 16.07.2012                   E-mail from Opposite Party to Complainant

Ex.A6 dated 05.08.2012                   Certificated of Appreciation

Ex.A7 dated 02.06.2012                   Credit Card Statement

Ex.A8 dated 02.09.2012                   Credit Card Statement

Ex.A9 dated 03.07.2012                   Credit Card Statement

Ex.A10 dated 03.10.2012                 Credit Card Statement

Ex.A11 dated 22.11.2012                 Notice issued by the Complainant to Opposite

                                               Party

 

Ex.A12 dated NIL                             Acknowledgement cards

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

Ex.B1 dated NIL                     Conditions of carriage for passengers and baggage                                             

 

MEMBER – II                                                               PRESIDENT