Tripura

West Tripura

CC/40/2016

Dr. Babul Roy & Smt. Supti Roy. - Complainant(s)

Versus

Inter Globe Aviation Ltd., INDIGO & Station Manager, Agartala Airport Indigo Office. - Opp.Party(s)

Mr.K.Nandi.

06 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 40 of 2016 

1. Dr. Babul Roy,
S/O- Lt. Amulya Roy,
Town Pratapgarh,
Road No. 1, Agartala,
P.S. West Agartala,
West Tripura.

2. Smt. Supti Roy,
W/O- Dr. Babul Roy,
Town Pratapgarh,
Road No.1, Agartala,
P.S. West Agartala,
West Tripura.        ..…..…...Complainant.

             VERSUS

1. Interglobe Aviation Ltd. (Indigo),
Interglobe Business Park, 
Gurgaon, Haryana, India.

2. Station Manager,
Agartala Airport Indigo Office,
Indigo Interglobe Ltd., 
P.O. Airport, West Tripura.        ..............Opposite party.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

    For the Complainant        : Sri Amrit Lal Saha,
                          Sri Kajal Nandi,
                          Smt. Sumi Datta,
                          Sri Abheek Saha,
                          Advocates.
For the O.P. No.2             : Rahul Kumar,
                      Counsel, Interglobe Aviation Ltd.
                      

        JUDGMENT  DELIVERED  ON:   06.12.2016

J U D G M E N T

            This case arises on the petition filed by Dr. Babul Roy and other against the Indigo Aviation Ltd. Fact of the case in short is that Dr. Babul Roy and his wife purchased two air tickets from Indigo for travelling from Agartala to Delhi on 28.03.16. Two luggage was handed over to Opposite party at Agartala. When they reached at Delhi they found one luggage was missing. Complained was made to the Indigo authority in the customer care desk. But the luggage was not returned. No response was given in 16.04.16. Again mail was sent to the O.P. Aviation company but no satisfactory response received. Petitioner therefore claimed total Rs.4 lakhs including the cost of luggage Rs.90,540/-. 
        
2.        O.P. Aviation company appeared, filed W.S. denying the claim. It is stated that information of loss of baggage was given in time. Rs.4200/- was offered for the loss of baggage. As per terms and conditions, petitioner is not entitled to get any more. Therefore O.P. prayed for dismissal of the claim. 
        
3.        On the basis of contention raised by petitioner and O.P. following points cropped up for determination:
Whether the petitioner suffered loss of Rs.90,000/- due to bag missing during flight?
Whether petitioner is entitled to get compensation for deficiency of service by O.P. Indigo authority?
        
4.        Petitioner side produced the PIR, Air ticket, list of articles, feedback comments of  service, G-mail copies marked as Exhibit- 1 Series. 
        
5.        Petitioner also produced statement on affidavit on two witnesses, Babul Roy and Smt. Supti Roy.
        
6.        O.P. on the other hand produced the statement on affidavit of Navneet Anand. 
        
7.        On the basis of evidence on record we shall now determine the above points.

            Findings and decision:
8.        We have gone through the tickets, PIR, E-mail, letter sent by complainant. From this documents and reply given by the O.P. it is admitted and established fact that both the petitioner Dr. Babul Roy and his wife purchased ticket from Indigo-O.P. and availed journey from Agartala to Delhi on 28th March, 2016. They paid Rs.6,326/- fare. 2 luggage was booked. On reaching Delhi one luggage was found missing. Navneet Anand stated that Opposite party duly attended all queries regarding lost baggage. As per terms and conditions O.P. approved  Rs.4200/- to be paid to the complainant. So it is admitted that one luggage was lost  and O.P. was ready to compensate. As per terms Rs.4200/- was offered for the lost baggage. Its weight was 11 kg. As per aviation rules petitioner is not supposed to carry valuables articles in the luggage. Dr. Babul Roy had given description of the price of the articles inside the baggage. Value of trolley bag is written Rs.8000/-. 33 items were written. One was Nebulizer machine, Nebulizer drugs and medicine, its value was Rs.11,000/-. petitioner is not entitled to get this. He is not supposed to carry the same in the luggage. Other articles are written is accessories ..... But its value is not lessen Rs.50,000/-. All are dresses of the petitioner Dr.Babul Roy. It is true that as per aviation rules O.P. is to pay the value of the articles on weight and as per clause 17(4) Rs.4200/- was assessed as compensation. From the evidence on record it is transpired that petitioner took the baggage at Agartala Airport and it was found missing when he reached at Delhi in the winter season. All winter dresses were found missing. So, he was in helpless condition in the Delhi Airport. No evidence produced by the O.P. to support that due attempt was taken for detecting of the luggage. No communication was made by O.P. Petitioner had given many E-mail but received no response. O.P. did not offer the amount Rs.4200/-. Offering letter also not produced. All these are deficiency of service by O.P. Due to this deficiency of O.P. petitioner suffered a lot. He had to purchase the winter dresses again for going to Kashmir a hilly  region with much cold. For all these sufferings he is entitled to get compensation from the O.P. We therefore, direct the O.P. to compensate the petitioner by paying Rs.4200/- as per their rule but in addition to that O.P. is directed to pay Rs.50,000/- for cost of dresses lost with the baggage for deficiency of service. We also direct O.P. to pay Rs. 5000/- as litigation cost. In total petitioner is entitled to get compensation Rs.59,200/- from the O.P. We direct the O.P. to pay Rs.59,200/- to the petitioner accordingly.

9.        In view of our above findings over the two points we direct the O.P. Indigo to pay amount of Rs.59,200/- to the petitioner within 2 months for their deficiency of service along with interest from the date of filing this petition. The amount is to be paid within 2 months if the amount is not paid it will carry interest @ 9% P.A.     

                      Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.