FINAL ORDER/JUDGEMENT

SHRI REYAZUDDIN KHAN,MEMBER

This is an application U/S..35 of the C.P. Act, 2019.

The case of the complainant, in brief  is that the complainant purchased a“Lovis Vuillon Bag”at the cost of Rs,3040/EURO,and as per Indian price money of Rs,3 Lakh being memo no.1140614060415 on 30.06.2023 from France.The complainant came to Mumbai via United Airlines with her family members on 07.07.2023.The complainant stated that the bag was kept in the luggage section of the Airlines and when she got down from flight at Netaji Subhas Chandra Bose International Airport she found her bag was badly mutilated due to rough handling by the Indigo staff namely Sanjib Kumar Palit AEP No.T0221986 while carrying on and unloading a wheel chair bound passenger of the same flight.The complainant immediately lodged a complain before the Officer-In-charge of the Airport Police station,Kolkata.The opposite parties admitted their fault and offered the complainant a compensation of Rs,5,000/(Rupees Five Thousand)only though the cost of the said bag is about 3 Lakhs in Indian Rupees value. The complainant further stated that after passing of several  months the OPs never took any action against the erring staff nor given the adequate compensation. The complainant repeatedly tried to contact the customer care and send e-mail but the OPs never redress the grievance of the complainant.Finding no other way the complainant knocked the door of the consumer commission and prayed for direction to pay Rs,3,00,000/(Rupees Three Lakhs) only with 8% interest till the date of final payment ,Rs,50,000/ compensation for deficiency in service, harassment and mental agony with Rs,30,000/ as litigation cost.   

Despite service of notice, the OP did not turn up to contest the case.

 As  such, the case has proceeded ex parte against the OP.

Decision with Reasons

Upon perusal of the consumer complaint coupled with evidence of the complainant  including photocopies of the documents,communication details we find that the complainant purchased one “Lovis Vullion Bag” at the cost of Rs.3040 EURO Indian price Rs,3,00,000 (Rupees Three Lakhs)only being memo No. 1140614060415 on 30.06.2023 from France.The complainant along with his family members boarded  United Airlines and reached Mumbai from there they came to  Kolkata .During the journey,the purchased bag was kept in the luggage section of the Airlines and when they received the bag it was badly damaged.Immediatly,the complainant informed the authority/OPs and at the same time the OPs accepted the complainant’s grievance and offered Rs,5000/ compensation to the complainant but the complainant refused to accept the amount as bag’s value is of Rs,3 lakhs of Indian rupees.

Here, if we observed closely to the fact that there is no reliable evidence like photographs,damaged assessment to substantiate the actual condition of the bag.It was believed only upon the version of the complainant the quantum of damged bag.

As per the conversation in written message for one Mr Anand Kumar,Customer experience Team “We would like to share that the reported luggage damages does not warrant any compensation as per the agreed terms and conditions of the carriage”.The complainant failed submit the terms and conditions of carrying of luggage in Airlines.

It was admitted fact that there was negligency in handling the luggage properly and for that reason the Airline authority was ready to pay the compensation Rs,5,000/ instantly.The Airline authority failed to take proper care to the luggage to the extent required.

It is well-established that a bailee is responsible for the damages caused to the luggage caused by the negligence of the concerned staff of the Airlines. OPs  failed to discharge their contractual obligations regarding the service.

. The complainant has suffered mental agony, pain and harassment. It is settled principle of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. To get relief, the complainant has to wage a long drawn and tedious legal battle.In these circumstances the complainant is entitled to get compensation.

In the result, the case succeeds in part.

Hence,

                                     Ordered

That the complaint case be and the same is allowed in part ex parte against the OPs Airlies company with a litigation cost of Rs,10,000 (Ten Thousand)only jointly or severally.

OPs Airlines company is further directed to pay jointly or severally Rs.25,000- (Rupees Twenty FiveThousand) only as compensation for causing mental agony, pain and harassment to the complainant within the stipulated period.

Complainant put the order in execution, if the OP transgresses to comply the order according to Consumer Protection Act, 2019 after the expiry of 60 days.