Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 191
Instituted on : 06.04.2023.
Decided on : 16.02.2024
Atul Mehta Advocate age 40 years s/o Sh. Madan Gopal Mehta, R/o H.No.357-P, HUDA Sector-2, Rohtak(Haryana).
..................Complainant.
Vs.
- Go Airlines(India) Ltd. Head Office, 4th Floor, Kaledonia Building-Sambhaji Nagar, Opp. D-Mart, Sahar Road, Andheri East, Mumbai-400069, India, Board Line:67410000(Through its Managing director)
- Go Airlines(India) Ltd. Airport Office, Delhi terminal-2, IGI Airport, New Delhi-110037, India.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Complainant in person.
Opposite party No.1 & 2 exparte.
ORDER
VIJENDER SINGH, MEMBER:
1. Brief facts of the case as per the complainant are that he had purchased six one way airlines tickets from the website of opposite party for travelling to Varanasi from Delhi and paid Rs.27732/- for the same from his credit card. The booking status was confirmed but the flight was delayed by 2 hours. Due to this delay, complainant and his family members suffered huge harassment. On 23.12.2022 complainant alongwith family members and 6 luggage had boarded from Delhi to Varanasi through flight no.G8-184 and allotted seat no.19-A to 19-F. After reaching Varanasi when complainant received the luggage, he found that one of his luggage was completely broken and thereafter he immediately lodged his complaint with the opposite party. Opposite party had issued a damaged baggage report to the complainant and assured him that opposite party will pay the compensation amount as per the value of his bag within seven days. Due to negligence on the part of opposite party, complainant had to wait at Varanasi Airport for two hours and due to delay, taxi driver has charged Rs.2000/- extra from the complainant. Due to alleged delay, complainant and his family members missed the evening Ganga Arti and also suffered a loss of boat booking for Ganga Arti. On 25.12.2022 complainant had received an apology email from the opposite party submitting therein that they have admitted their fault and offered Rs.2000/- on account of compensation. Complainant refused to take the above said amount as the cost of luggage bag was Rs.7000/- approx.. Complainant requested the opposite party to pass his genuine claim and also sent the bill of luggage to the opposite party. Thereafter opposite party offered Rs.3500/- on account of compensation but the same was not justified as he had spent Rs.7000/- to purchase the luggage bag. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay theclaim of Rs.6844/- on account of damage of the bag alongwith interest @ 18%, Rs.2000/- on account of taxi fare, Rs.2500/- on account of boat charges at Ganga Arti, also to pay Rs.100000/- as compensation on account of deficiency in service and Rs.25000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party No.1 did not appear despite service of notice which was confirmed through track report submitted by the counsel for the complainant. Notice sent to opposite party No.2 received back with the report of refusal. As such, opposite party no.1 & 2 were proceeded against exparte vide order dated 06.07.2023 of this Commission..
3. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C9 and has closed his evidence on dated 25.09.2023.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. In the present case, as per version of the complainant, on 23.12.2022 complainant alongwith family members and 6 luggage had boarded from Delhi to Varanasi through flight no.G8-184. After reaching Varanasi when complainant received the luggage, he found that one of his luggage was completely broken and he immediately lodged his complaint with the opposite party. Opposite party had issued a damaged baggage report to the complainant and assured him that opposite party will pay the compensation amount as per the value of his bag within seven days. But despite repeated requests of the complainant, opposite party only offered Rs.3500/- to the complainant. To prove his case, complainant has placed on record copy of booking of ticket Ex.C1, ticket Ex.C2, damaged baggage report Ex.C4. As per email Ex.C5, opposite party offered Rs.3500/- as compensation on account of damage of bag. Complainant has also placed on record copy of bill of American Tourister bag amounting to Rs.6844/-. Hence from the documents placed on record by the complainant it is proved that the bag was damaged due to the deficiency in service on the part of opposite parties and the price of the bag was Rs.6844/-. However, regarding the taxi fare and boat charges complainant has not placed on record any document. But due to damage of bag he might have suffered mental agony and harassment. As such there he is also entitled for the compensation. On the other hand, opposite party No.1 & 2 have not appeared before this Commission and as such it is presumed that they have nothing to say in the matter and all the allegations leveled against the opposite parties regarding damage of bag and not compensating the complainant stands proved.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties to pay an amount of Rs.6844/-(Rupees six thousand eight hundred and forty four only)alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.06.04.2023 till its payment and also to pay Rs.4000/-(Rupees four thousand only) as compensation of account of deficiency in service and Rs.4000/-(Rupees four thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
16.02.2024.
.....................................................
Nagender Singh Kadian, President
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TriptiPannu, Member.
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Vijender Singh, Member
