IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 29th day of September, 2023
Present: Smt.Bindhu.R, President(In Charge)
Sri.K.M.Anto, Member
CC No.87/2022 (Filed on 22/04/2022)
Complainant : O.P Mathew S/o Paily,
Odapanthiyil House,
Kuravilangadu P.O,
Kottayam - 686 633.
(By Advs: Johny Jose Nidhiri &
Anitha Elizabeth Pious) Vs.
Opposite party : ICICI Lombard Limited,
ICICI Lombard House,
414, Veer Savarkar Marg,
Prabhadevi,
Mumbai – 400 025
(By Adv: Agi Joseph)
O R D E R
Smt.Bindhu.R, Member
This complaint is filed under Section 35 of the Consumer Protection Act, 2019.
Complainant purchased an Air India ticket AI 1933 to travel from Kochi to Muscat on 25/10/2021. The opposite party was the insurer. The date of travel was for 04/11/2021. The policy number is 16187392. The actual departure time was on 1:46 from Kochi but the flight departed at 3:58 only. Though it was a direct flight from Kochi to Muscat it diverted to Mumbai and finally reached Muscat after a delay of more than 5 hours. After reaching Muscat the complainant’s baggage did not come with the flight on time and the Airport Authority in Muscat informed him that the luggage would be available later. Only after 48 hours he received his checked-in baggage. There were many valuable things in the baggage and some medicines and edible items were damaged. Complainant was staying 160 km away from Muscat International Airport. He approached the Airport Authority for collecting the bag but did not receive the bag on time. Thus the complainant sustained huge financial loss and mental stress due to the delay of the baggage and destruction of the materials in it. The complainant had to sustain a damage to the tune of Rs.25,000/-. Hence this complaint was filed for a compensation of Rs.85,000/- including the loss of articles, compensation of Rs.25,000/-, travelling expense for collecting the baggage amount into Rs.20,000/-.
Upon notice the opposite party appeared through their counsel and filed version through its Manager, Legal contending that the insurance company is not liable to pay any amount for diversion of a route of a flight. Delay of 5 hours in a flight journey is not covered under the policy. The allegation of delay caused in the receipt of baggage is not true. The complainant not so far made any claim to the opposite party either in a written form or in an oral claim. So the complainant has no locus standi to file this complaint. The petitioner has not sustained any damage to the tune of Rs.25,000/- or any other amount. Any claim even if made, the complainant is not entitled as per the policy. The complainant is not entitled for any compensation or cost. The reason for the repudiation is true and correct. The complaint is only liable to be dismissed with cost.
The complainant filed evidence affidavit along with documents which were marked as Exhibits A1 and A2. The opposite party filed affidavit in lieu of chief examination along with one document which is marked as Exhibit B1.
On the basis of the pleadings, we frame the issues as whether the complainant has established deficiency in service on the part of the opposite party and if so what are the reliefs to be granted?
ISSUES :-
The complainant’s case is that he travelled by Air India from Cochin to Muscat on 4/11/2021. The journey was insured by the opposite party vide policy number 16187392. The actual departure time was 01.46 but the flight was delayed and departed at 03.58 only. Moreover, the complainant could collect his baggage which was also in the same flight only after 48 hours. Thus the complainant had to suffer tremendous mental agony due to the delay caused both in the travel and in the delivery of baggage. He had to travel 160 Km in Muscat for collecting the baggage. The opposite party has undertaken to indemnify the loss caused if any as per the terms of the insurance and hence the complainant is entitled to get the insurance coverage. The opposite party contended that there was no claim submitted before them by the complainant and though there was any claim that could not be settled by the company as there is a deduction of 12 hours in the policy itself.
Though the complainant has stated that the flight was delayed and the baggage was delayed for 48 hours, he has not produced any documents to prove this. There is only a policy certificate and the ticket before us from which it is not inferred whether there occurred any delay in the departure or the baggage collection. We see that the complainant has failed to establish the deficiency in service on the part of the opposite party and hence the complaint is not entitled to be allowed.
Hence we dismiss the complaint.
Pronounced in the Open Commission on this the 29th day of September, 2023
Smt.Bindhu.R, President(In Charge) Sd/-
Sri.K.M.Anto, Member Sd/-
APPENDIX :
Exhibits from the side of the Complainant :
A1 - Copy of eTicket Itinerary/Receipt
A2 - Copy of Certificate of Insurance
Exhibits from the side of Opposite party :
B1 - Copy of Policy with terms and conditions
By Order,
Sd/-
Assistant Registrar
