Tripura

West Tripura

CC/107/2016

Smt. Namita Debbarma. - Complainant(s)

Versus

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

Self

16 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-  107  of  2016

Smt. Namita Debbarma,
Pamapukurpar,
Old Kalibari Road,
Krishnanagar, Agartala, 
West Tripura.                ..........Complainant.

             ___VERSUS___

1. Inter Globe Aviation Ltd. (Indigo),
Global Business Park, Gurgaon,
Haryana, India.

2. Station Manager,
Agartala Airport Indigo Office,
Indigo Inter Globe Ltd.,
P.O. Airport, West Tripura.        ...........Opposite parties.

      __________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    : In person.                  

For the O.P. No. 3 & 4    : Sri Dip Dutta Choudhury,
                  Advocate.
                    
                     
        
        JUDGMENT  DELIVERED  ON: 16.03.2017

J U D G M E N T

        This case arises on the petition filed by one Namita Debbarma U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on 15th October, 2016 she traveled from New Delhi to Agartala with her luggage. But in the Agartala Airport she did not get one baggage of her luggage. Airport staff failed to give information of the lost item. After 2 days of her request the luggage was detected but she noticed that the luggage item was completely  damaged. The broken glass item was handed over to her. Its value was Rs.12,480/-. Rs.800/- was taken as charge for carrying the item. O.P.  credit  agreed to pay only Rs.3,000/- for the damage time. Petitioner did not agree and filed this case claiming compensation Rs.30,000/-.

2.        Opposite Party, Indigo Aviation appeared and filed written statement denying the claim. It is stated that luggage was misplaced. The customers are strongly advised not to check in such item as baggage which are valuable and fragile. If they check in it should be under their own risk. Indigo are not responsible for damage of such item. The liability for the loss, delay or damage of the baggage is Rs.350/- per kg, maximum Rs.20,000/- only. The O.P. offered Rs.3,000/- to the petitioner. But it was not accepted. Opposite party has no deficiency of service. 

3.        On the basis of contention raised by both the parties following points cropped up for determination.
        (I) Whether there was negligence in carrying the glass item?
        (II) Whether the petitioner is entitled to get compensation for the deficiency of service by the O.P.?
        
4.        Petitioner produced the mail communication, bill form, boarding pass and also the photo of the broken glass items. Petitioner also examined herself.
        
5.        Opposite party also produced the statement on affidavit of one witness.

6.        On the basis of evidence on record we shall now determine the above point.

Findings and decision:
7.        It is admitted fact that the glass item was damaged at the time of carrying it from Delhi to Agartala. It is also admitted fact that the item was booked at Delhi by the petitioner on 15.11.16. Petitioner Namita Debbarma came to Agartala on 15.11.16 but the luggage was not found. Petitioner requested Indigo authority and on 17.11.16 she received the time in broken condition. Indigo also charged additional fees for the release of the items. 
8.        O.P. filed the statement on affidavit of Navneet Anand.  He remained silent on the matter of 2 days delay in respect of carrying of the item. Navneet Anand did not appear before the Forum for facing cross examination.
         
9.         In the W.S it is stated that money, jewelery, silverware, electronic devices, medicines, perishable goods, computers, cameras, video equipment, negotiable papers, securities and other valuables, passport and other identification documents, title deeds, artefact, manuscripts should not checked-in in the baggage. Nowhere it is written that the glass item should not be check-in. Petitioner made communication with the Indigo authority. Indigo authority offered her Rs.3,000/-. She refused to accept it. The cost of the item was Rs.12,480/- as revealed from the vouchers. She had to pay luggage charge Rs.800/- also. So, in total she suffered loss of Rs.13,280/-. But Indigo staff offered only Rs.3,000/-. This is insufficient. It is true that the packing was done by the petitioner. But according to her it was properly packed. Inspite of that item was broken down. While carrying glass item it was not properly handled by the carrying staff of Indigo. The item was not sent on the same day, but after 2 days. Due to this mishandling and misplacement of the item the glass item ultimately damaged. Due to this deficiency of service petitioner suffered mentally and financially. She is therefore, entitled to get compensation. 
         
10.        In our considered view she is entitled to get value of the lost item Rs.12,480/- along Rs.800/- carrying charge total Rs.13,280/-. For mental agony & sufferings due to this deficiency of service she is also entitled to get Rs.5000/-. Thus, in total she is entitled to get Rs.18,280/-. Both the points are decided accordingly. 
    
11.        In view of our above findings we direct the O.P. Indigo authority is to pay the petitioner Rs.18,280/- and stop the disbursement of Rs.3,000/- offered earlier & if paid it is to be deducted. The payment of Rs.18,280/- is to be made within 1(one) month, if 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.