Chandigarh

DF-I

CC/289/2020

Dilpreet Singh Gandhi - Complainant(s)

Versus

Go Airlines (India) Ltd. - Opp.Party(s)

Sakkshi Awasthi & Arveen Sekhon

14 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/289/2020
Date of Institution	:	07/08/2020
Date of Decision	:	14/03/2023

 

Dilpreet Singh Gandhi, R/o Flat No.1105, Progressive Society, Sector 50, Chandigarh.

 

… Complainant

V E R S U S

1.    Go Airlines (India) Ltd., 1^st Floor, C-1, Wadia International Centre (WIC), Pandurang Budhkar Marg, Worli, Mumbai Maharashtra.
2.    Go Airlines (India) Ltd., New Civil Air Terminal Chandigarh, Village Jhiurheri, Punjab.

   … Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                       

ARGUED BY		Ms.Aditi, Vice Counsel for Sh.Anand Kaushal, Counsel for the complainant.
		Sh.Ajit Singh, Vice Counsel for Sh.Paras Money Goyal, Counsel for OPs.

Per surjeet kaur, Member

1. Averments are that the complainant booked a flight from Chandigarh to Ahmedabad (Annexure C-1 to C-3 colly respectively. The complainant at the time of collecting baggage from the belt, was shocked that the baggage was not available and for the same reason he reached out to the airport staff who assured the complainant that they will take care of the matter and asked to fill up a form and copy of which is annexed as Annexure C-4. The complainant had also written down the same at the time of filing a complaint with the airport staff. The branded clothes and accessories are well enough to show that the valuation of the articles to be well more than 1.5 lacs and this is a substantial loss for the complainant. After this the complainant tried reaching out to the OP on multiple occasions but to his utter dismay on each occasion he was assured from the OP that they are looking into the matter and update of the matter would be communicated to the complainant soon and such false assurance were made repeatedly.  The complainant sent a legal notice to the OPs through his counsel on 10.09.2019 (Annexure C-7).Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.
2. The Ops in their reply stated that the complaint ought to be dismissed on the grounds of lack of jurisdiction. The OPs have submitted that the rules and regulations governing Go-Airlines clearly state as follows “These Go-Airlines regulations shall be subject to, interpreted in accordance with and governed by Indian Law. All claims and disputes shall be subject to the exclusive jurisdiction of Mumbai, India only.” It is further submitted that the liability for loss of baggage is limited to Rs.200/- per KG up to maximum of Rs.4,000/-whichever is higher and this OP has alrledy offered a sum of Rs.2600/- for total weight of luggage i.e., 13 KG to complainant vide its mail dated 15.07.2019 being a bona fide service provider. Denying all other allegations made in the complaint a prayer for dismissal of the complaint has been made.
3. Rejoinder was filed and averments made in the consumer complaint were reiterated.
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. The sole grouse of the complainant through present complaint is that he lost his baggage when he travelled by boarding the flight of OP No.2. The matter when reported to the OPs, assurance was given by the airport staff that they will take care of the matter and as a follow up they got Annexure C-4 Property Irregularity Report done in which there is mention of the details of the complainant and loss of bag pertaining to the 13 kg weight. Therefore, the complainant is claiming amount of Rs.1,50,000/-for the loss of the precious items kept in the bag.
7. The stand taken by the OPs is that the contents of the bag were never disclosed by the complainant and their liability not unlimited as per citizen’s charter. The OPs liability for loss of baggage is limited to Rs.200/- per kg up to maximum of Rs.4000/- whichever is higher and they already made offer of sum of Rs.2600/- for the total weight of luggage i.e., 13 kg to the complainant vide their email dated 15.07.2019 being a bona fide service provider. Hence, present complaint deserves to be dismissed.
8. After going through evidence on record, it is admitted case of the OPs that the bag in question was lost from their custody and mention of the same is at page No.8 of the written statement filed by the OPs in the shape of email dated 15.07.2019 whereby they have regretted for the loss of baggage of the complainant. Specifically, they apologized for the experience of the complainant which did not meet his expectations on that occasion and made an offer of Rs.2600/- to settle the matter. Admission on the part of OPs regarding the loss of baggage is crystal clear. In our opinion law and procedure can only support the rightful actions of the airlines and their staff. They cannot support the loss for which the management of airlines is responsible.
9. Similarly on the other hand as the complainant is claiming the loss to the tune of Rs.1.50,000/- also cannot be believed as such being bald assertions. Undoubtedly, there is loss of the baggage and as per the case of the complainant very important documents alongwith other valuable items were the contents of baggage in question. Hence, this negligent act of the OPs proves deficiency in services on the part of OPs and their indulgence in unfair trade practice.
10. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs directed as under:-

1. to pay an amount of Rs.25,000/- to the complainant as compensation for causing mental agony and harassment to him;
2. to pay an amount of Rs.5,000/- to the complainant as costs of litigation.

11.      This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amount mentioned at Sr.No.(i) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(ii) above.
12.      Certified copies of this order be sent to the parties free of charge. The file be consigned

			Sd/-
			[Pawanjit Singh]
Ls			President
14/03/2023			Sd/-
			[Surjeet Kaur] Member