BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM.
KAMRUP
C.C.No.57/2016
Present: I) Shri A.F.A.Bora, M.Sc.,L.L.B.,A.J.S -President
II) Smti Archana Deka Lahkar,B.Sc.,L.L.B. -Member
III) Sri Jamatul Islam,B.Sc,Former Dy Director,FCS & CA - Member
Mrs. Ursula Katoky - Complainant
Nagaon
-vs-
I) Inter Global Aviation Ltd.(Indigo) - opposite parties
M.G.Road,Gurgaon, Haryana- 122002
II) Mr.Sanday,
Senior Executive, Indigo Airlines
C/O Gopinath Bordoloi International Airport
Barjhar, Guwahati
III) Pragati Singh
Customer Relation Officer
C/O Level-5 Tower D, Global Business Park,
M.G.Road, Gurgaon,
Haryana- 122002
Appearance Learned advocate (1) Mr.D.J.Borah
2) Mr.D.K.Sarma
3) Ms.Marami Barman for the complainant appears.
Date of argument: 10.2.2020
Date of judgment: 13.2.2020
JUDGEMENT
1) This is a complaint filed by the complainant Mrs.Ursula Katoky wife of Sri Nikunja Katoky which has been registered on 19.7.2016 as C.C.Case No.57/2016 . The allegation made in the complaint petition is deficiency of service on the part of the opposite parties No. 1, 2 & 3 for loss of articles and money inside the suitcase while she was travelling from Mumbai to Guwahati .The complainant thereby prayed for directing the opposite parties to pay compensation for loss of articles and money and Rs.50,000/-towards compensation for mental agony and physical harassment along with another amount of Rs.50,000/-for loss of business opportunity etc.
2) The fact of the case briefly is that, the complainant in connection with her business purpose went to Mumbai and while she returned to Guwahati she availed the service of the opposite party on 24.5.16 by purchasing air-ticket in flight No.6 E 813 and the boarding time was 16.35. The flight was belong to Inter Global Aviation Ltd. (Opposite party No.2 Indigo) and the said flight arrived at 8:15 p.m. on 24.5.16. According to the complainant, after reaching Guwahati she found that her luggage was not in a proper form and lock of the suitcase was broken. After seeing the luggage in disorderly manner she immediately informed the ground staff on duty. The ground staff asked the complainant to check whether anything had been missing and upon checking the suitcase , she found that purse containing Rs.5,000/- and other articles like PAN Card, ATM Card , a pair of costly shoe, a pair of sunglasses were missing. In that situation , one Mr.Sandy, a Customer Relation Officer (Opposite Party No.2) offered the complainant a sum of Rs.500/- for loss of the articles which the complainant refused to accept. Under the above circumstances, the complainant was in difficult to go back to her native town Nagaon and asked the officer on duty to give her Rs.3,000/- so that she can go to her home at night. But it was refused by the airport authority and the complainant somehow came to her friends house at Guwahati. The programme of the complainant on 25.5.16 for attending a meeting at A.B.Bonded Warehouse could not be attended for the damage of her clothes etc. Thereby, she suffered a loss from the selection to becoming a member of the said company.
3) It is alleged that for the above damage she made an enquiry about compensation, but the opposite party have offered her Rs.1,000/- as compensation. Being dissatisfied with the act of the opposite parties the present claim petition is made before this forum for compensation of Rs.25,000/- along with an award of Rs.50,000/- for mental agony and harassment and also another amount of Rs.50,000/- for loss of business opportunity etc.
4) After filing of the complaint the processes were issued upon the opposite parties that is Inter global Aviation Ltd. (Indigo), Mr.Sandy, Senior Executive, Indigo Airlines and Opposite party No.3, Sri Pragati Singh, Customer Relation Officer. The opposite party appeared and took time for filing written statement on 3.2.17 and thereafter several adjournments were granted to the opposite parties to file written statement. Thereafter, the opposite parties remained absent and case proceeded exparte. The complainant filed her evidence in affidavit along with the copies of documents which are verified on record and examined carefully.
5) We have gone through the complaint petition along with the evidence of the complainant and photo copies of all the relevant document . Annex.1 is the boarding pass of flight No.6 E 813 dtd. 24.5.16 which is in the name of the complainant Ursula Katoky. Annex.2 is the photo copy of Property Irregularity Report (PIR). Annex.3 is a E.mail to the Customer Relation Officer which was received on 2.6.16 by opp.party. Annex.4 is another letter addressed to the complainant by Indigo, Customer Relation on 2.6.16 in which the opp. party had offered a compensation money amounting to Rs.1,000/-.
6) The documents on record clearly indicates that complainant was a passenger of the flight of the opposite parties and was a consumer in which she found deficiency of service on the part of the opposite parties as there were some damages of her luggage . The allegation is that belongings of the complainant in her suitcase was found misplaced and some articles were missing. The record further shows that complainant had made communication with the opposite parties as indicated on Annex.C & D. The available evidence on record is in favour of the complainant and proves that the some of the articles belonging to the complainant got damaged and she was offered a compensation amounting to Rs.1,000/-
7) After due consideration of the complaint petition as well as the documents annexed with the evidence the complainant to some extent established her claim against the opposite party and is entitled for compensation.
8) We have very carefully scrutinized the documents and evidence of the complainant. There is an allegation that suitcase of the complainant , who was a passenger on Indigo flight was found in a broken condition (without lock) in the incident and some clothes were wetted. But it is not very much clear and proved conclusively by the complainant about the extent of damages suffered by her and loss of money etc. But however once the lock of the suitcase was found broken, it can be presumed that there may be certain amount of damages.
But opposite party have not contested the proceeding to arrive at a different opinion and hence the damages claimed is to be considered from the entire circumstances which may be to the extent of Rs.15,000/- for loss of articles and cash money etc. . Another amount of Rs.5,000/- may be awarded as compensation for mental agony and physical harassment and another amount of Rs.5,000/- as cost of the proceeding. In the result suit is decreed exparte with the above awards as indicated.
ORDER
Opposite parties are jointly and severally liable for the payment of awarded amount. It is hereby ordered that opposite parties will pay the awarded money of Rs.15,000/- to the complainant for damages and another amount of Rs.5,000/- as compensation for mental agony and physical harassment and an amount of Rs.5,000/- as cost of the proceeding. The payment need to be made within 45 days from the date of judgment, failing which the opposite parties will have to pay interest @ 9% per annum from the date of judgment till realization of the entire awarded amount.
Given under our hand and seal of the District Forum, Kamrup , this the 13th day of February, 2020.
Member Member President
