DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.1076/2007
Sh. Naynesh Pasari
S/o Sh. N. K. Pasari
R/o D-214, Defence Colony
New Delhi-110024 ….Complainant
Versus
Ms/ Indian Airlines Ltd.
Northern Region
Through its Managing Director/Principal Officer,
having its registered office at:
Airlines House, 113, Gurudwara
Rakabganj Road,
New Delhi-110001 ……Opposite Party
Date of Institution : 04.10.07 Date of Order : 28.04.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
The Complainant had booked the tickets through travel agent and the tickets were booked by the OP in connection with his business meetings with five different waste paper suppliers in order to explore the worldwide vendors of waste paper and he paid Rs. 14323/-. He was to leave for Singapore on 20.04.07 at 00.05 hrs. and was to come back to Delhi on 23.04.07 at 9.25 hrs. On reaching the Singapore airport on 20.4.2007, the OP could not provide the baggage containing the various samples and catalogues of the waste papers apart from other important documents, clothings, pen-drive, medicines etc. etc. and he had to wait for 2 hours. He had been informed by the officials of the OP that the baggage might have been loaded in some other flight. He had filed a written complaint in this regard. In that baggage, there were various samples, catalogues and necessary documents which were necessary for meeting. He had to purchase clothes, medicines and other necessary things for staying in Singapore. He had to cancel the meeting. Therefore, he lost his goodwill and faith before the foreign suppliers and they refused to fix up another meeting at any different point of time. He had to stay for 2 days in Singapore at Hotel Holiday Inn and had to spend Rs.470.98 SGD without any business due to the negligence of the OP. He suffered the financial losses to the tune of Rs.51,527.00 on these items and hotel stay. He suffered loss of business of Rs. 11,00,000/- due to deficient services of the OP. He made various correspondences/ representations to the OP vide his letters dated 22.04.07, 24.04.07, 03.05.07 & 07.05.07. When no reply was received he sent a legal notice on 15.05.07 but the OP did not take any serious efforts to settle the grievance. The OP vide letter dated 27.04.07 admitted their negligence and deficiency in service and offered an amount of Rs.2,000/- towards the purchase made by him and US $ 260 towards the loss of baggage. OP had offered meager amount to him. The services of the OP were totally deficient. According to him, he is also entitled to Rs. 5,00,000/- as compensation for mental pain and agony and Rs. 50,000/- towards cost of litigation. The Complainant has prayed to direct the OP to pay a total sum of Rs.17,01,527/- which includes reimbursement of the expenses, damage for mental agony, damages for loss of business and cost of litigation.
OP in the written statement has stated that the Complainant travelled by OP’s flight IC-8590 on 19.04.07 from New Delhi to Singapore. According to the passenger manifest which shows the details of the checked in baggage, he had checked-in 1 piece of baggage weighing 13 Kg. at New Delhi check-in counter. On arrival at Singapore airport the Complainant reported missing of baggage at Singapore and they issued the Property Irregularity Report in respect of missing baggage to the Complainant. The Singapore officials offered him 50/- Singapore dollars towards the night kit allowance while issuing Property Irregularity Report but he declined to accept the same. At Singapore airport they took possible effort to trace out the baggage but the baggage remained untraced. It was also confirmed by the New Delhi Airport that the baggage was definitely put on board the flight and it was not left behind. But the baggage could not be located in Singapore. The Complainant vide letter dated 24.04.07 submitted bills amounting to Singapore dollar 588.60 towards the expenditure incurred by him on account of non-delivery of baggage at Singapore and sought reimbursement of Singapore dollars 681.60. They informed the Complainant vide letter dated 27.04.07 that the baggage was not traceable and they offered a compensation of US dollars 260 on weight loss basis @ USD 20 per Kg. for 13 Kg. being the weight of the lost baggage which is the maximum compensation payable in accordance with WARSAW CONVENTION in the event of loss of baggage. They also offered an amount of Rs.2,000/- towards the emergent purchases made by him but the Complainant showed his displeasure for loss of baggage and compensation offered. They deputed their officials who met with the Complainant and informed him regarding the baggage and offered two upgraded vouchers for economy class to executive class in addition to the compensation offered as per rules of OP. The Complainant was obstinate for the compensation of Singapore dollars 618 which he spent at Singapore towards the purchases made by him on account of non delivery of the baggage. The Complainant sent a legal notice dated 15.05.07 seeking compensation of Rs.11,16,702/- towards the purchase cost of articles at Singapore, cost of the articles contained in the lost baggage and for mental agony. There is no deficiency of service as per the clause of the WARSAW CONVENTION relating to limitation of liability in the event of lost baggage which are also printed on the jacket of the air ticket which clearly provides:-
“ Liability for loss, delay, or damage to baggage is limited as follows unless a higher value is declared in advance and additional charges are paid (1) for most international travel (including domestic portions of international journeys) to appromiately U.S. $ 9.07 per pound (U.S. $ 20.00 per kilo) for checked baggage and U.S. $ 400 per passenger for unchecked baggage (2) for travel wholly between U.S. points, federal rules require any limit on an airlines baggage liability to be at least U.S. $1,250/- per passenger. Excess valuation may be declared on certain types of valuable articles. Carrier assumes no liability for fragile or perishable article. Further information may be obtained from the carrier.”
Clause III of the said Regulation reads as follows:-
“ the corporation is not liable for damages occasioned by delay in the carriage by air of passengers of baggage"
OP has further stated that the Hon’ble National Commission in the case of Indian Airlines Vs. Dr. V. J. Philip has held that the compensation could be awarded to the consumer only if there was any loss or injury found to have been suffered by him due to the negligence of the OP and the Complainant has to establish the negligence which has not been established by the Complainant in this case. OP has prayed for dismissal of the complaint with exemplary cost.
Complainant has filed rejoinder to the written statement of OP.
Complainant has filed his own affidavit in evidence while affidavit of Ms. Monkia Thukral, Manager (Commercial) has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the parties and have also gone through the file very carefully.
It is not in dispute that the Complainant travelled through the OP flight IC-8590 from New Delhi to Singapore and he had checked-in 1 piece of baggage weighing 13 kg. at New Delhi. On arrival at Singapore airport it was found that the Complainant’s bag was missing. He filed a complaint at Singapore airport. The officials at Singapore airport issued a property irregularity report and offered 50 Singapore dollars to the Complainant. The Complainant refused to accept 50 Singapore dollars from the officials at Singapore. The Complainant filed bills amounting to 588.60 Singapore dollars with the OP for reimbursement. The OP vide letter dated 27.04.07 informed the Complainant that as per WARSA CONVENTION the OP had been offering 260 US dollar in equivalent on weight loss basis @ USD 20 per Kg. for 13 Kg. being the weight of the lost baggage which is the maximum compensation payable in accordance with WARSAW CONVENTION in the event of loss of baggage and OP was also ready to pay Rs.2,000/- against the emergent purchases made by him.
The above amount offered by the OP was not accepted by the Complainant. The OP offered the payment as per WARSAW CONVENTION and offered 260 US dollar in equivalent on weight loss basis @ USD 20 per Kg. for 13 Kg. The OP also offered Rs.2,000/- towards emergent purchases. When the baggage was lost at Singapore, the official of the Singapore had offered 50 dollars to the Complainant but the Complainant refused to accept the same. Admitting its negligence, the OP had offered the above amount as per rules. The Complainant had not submitted any details/invoice regarding loss of articles.
Compensation for loss of business cannot be granted under the Consumer protection Act and in order to recover any such compensation, the complainant was required to file a civil suit.
Accordingly, we direct the OP to pay 260 US dollars (equivalent to then prevalent Indian Currency rate) and Rs.2000/- towards expenses for emergent purchases. Complaint stands disposed of accordingly.
The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ 6% per annum from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 28.04.16.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Case No. 1076/07
28.04.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is allowed. OP is directed to pay 260 US dollars (equivalent to then prevalent Indian Currency rate) and Rs.2000/- towards expenses for emergent purchases. Complaint stands disposed of accordingly. The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ 6% per annum from the date of filing of the complaint till its realization. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
