BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                               BENGALURU – 560 027.

DATED THIS THE 30^th DAY OF OCTOBER, 2021

CONSUMER COMPLAINT NO.1581/2018

PRESENT:                                                          

Sri.C.V.Maragoor, B.com, LL.M.              ….      PRESIDENT

Smt.L.Mamatha, B.A., (Law), LL.B.….    MEMBER

Sri. M.B. Seena, B.A., (Law), LL.B.            ….         MEMBER

Mukund N.Katti

S/o N.K.Katti,

Aged about 52 years,

723, 15^th Cross,

MCECHS Layout,

Dr.Shivaramkaranth Nagar,

Phase-I, Bengaluru-560077.

(Rep by Smt.Suma G, Adv)

V/s

OPPOSITE PARTIES:

1. InterGlobe Aviation Limited (“IndiGo),

No.10, Kempegwda International Airport,

Sulibele Road, Devanahalli,

Represented by Mr.Hasmeet Kaur Chhabra,

Customer relation.

2. InterGlobe Aviation Limited (“IndiGo”),

Level 5 Tower D Global Business Park,

M.G.Road, Gurgaon,

Haryana-122002. India.

Represented by its Managing Director.

(Rep by Sri.G.Mohan Kumar, Adv)

******

//ORDER//

SRI.C.V.MARGOOR, PRESIDENT

This complaint is filed under Section-12 of the Consumer Protection Act, 1986 to direct the opposite parties no.1 & 2 to pay Rs.78,000/- with interest at 18% p.a. from the date of loss of baggage i.e., 08.03.2018, to pay damages of Rs.15,000/- towards mental agony suffered by the complainant and the cost of litigation.

2. It is the case of complainant that on 08.03.2018 he travelled from Hyderabad to Bengaluru on official duty by IndiGo Airways of the opposite parties by flight no.6E 357 and he had checked in VIP Trolley Bag vide tag no.0312148870 at Hyderabad Airport.  When the complainant tried to collect the checked luggage at Bengaluru airport it did not find in conveyor.  Immediately the complainant has reported loss of baggage to the authority who has issued “property irregularity report”. The complainant has made repeated correspondence by sending emails to the complainant and at last they offered compensation of Rs.4,200/- towards full and settlement to the complainant for loss of his baggage.  The complainant did not accept the offer as it was much less than the value of the loss articles and demanded the compensation of Rs.78,000/- as under.

    a) Value of the company demo kit

(Harting make M12 Push Pull connector set)  :  Rs.25,000/-

    b) Value of the company demo kit

(Harting make HAN-VIS Pre link kit)                  :  Rs.25,000/-

    c) Value of the VIP trolley bag                       :  Rs.12,000/-

    d) Value of the cloths -6 set                                     :  Rs.12,000/-

    e) Value of the daily used cloths                              :  Rs.02,000/-

    f) Value of the Toiletries and travel kit           :  Rs.01,000/-

    g) Value of the medicines                                         :  Rs.01,000/-

                        TotalRs.78,000/-

The complainant after sending legal notice has approached this Commission.

3. In response to the notice, the opposite parties 1 & 2 appeared through their learned counsel and filed written version admitting that the Complainant has reported loss of his baggage at Bengaluru Airport on 08.03.2018 and he did not agree to receive Rs.4,200/- as compensation for loss of the baggage.  There is no negligence or deficiency on the part of opposite parties as such they asked to dismiss the complaint.

4. The complainant has filed his affidavit evidence and produced documents Exs.C1 to C6.  On behalf of opposite parties one Rahul Kumar, Associate General Counsel filed affidavit evidence and got marked EXs.R1 to R5.

          5. We have heard the learned counsel for complainant and opposite parties and further opposite parties have submitted written arguments and the points that would arise for determination are as under:

i) Whether the complainant proves the deficiency in service on the part of Opposite parties ?

ii) Is complainant entitled to the reliefs sought for ?

  6.  Our findings on the aforesaid points are as follows:

 i)  POINT NO.1:  In the affirmative    

ii)  POINT NO.2:  In the partly affirmative for the below;

REASONS

7. POINT NO.1 & 2:- The learned counsel for the complainant has submitted that the checked trolley of the complainant missed in Bengaluru Airport on 08.03.2018 and the opposite parties have failed to trace the checked baggage which consists of official documents.  As against this, the learned counsel for opposite parties submitted that the maximum limit to pay for loss or damage to baggage is Rs.20,000/- as per the Carriage by Air Act, 1972 or Rs.350/- per Kg.  The Complainant has not made special declaration at the time of check in at Hyderabad Airport as such he is not entitled for Rs.78,000/- sought in the complaint.

8. The opposite parties have not disputed loss of the complainant baggage on 08.03.2018 when he travelled from Hyderabad to Bengaluru.  The opposite parties have brought to the commission notice Rule-22(2) of the Carriage by Air Act, 1972 which reads as under;

“In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay shall be limited to Rs.20,000/- for each passenger unless the passenger has made, at the time when he checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum, if so required.In that case, the carriers shall be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger’s actual interest in delivery at destination”.

The opposite parties have relied upon the case of InterGlobe Aviation Limited New Delhi V/s Manish Nagpal, R.P.No.2601/2016 dt.25.04.2017 (Hon’ble National Commission).  The Complainant has not filed special declaration at the time of check in at Hyderabad in respect of his checked baggage by paying extra sum.  In the above decision, the Hon’ble National Commission has upheld the Rule-22(2) of the Carriage by Air Act, 1972.  The Complainant has produced certificate dt.21.06.2018 issued by Chief Executive Officer, Harting India Private Limited with regard to missing of the baggage of complainant on 08.03.2018 which contained company samples mentioned in the complaint at Serial No.1 & 2.  This certificate is not challenged by opposite parties and it proves that the complainant is working in the said company and his baggage contained Harting Company samples valued Rs.25,000/- each.  The complainant has not submitted special declaration at the time of checked baggage as such the Complainant is entitled to maximum compensation of Rs.20,000/- as per Rule-22(2) of the Carriage by Air Act, 1972. 

9. The complainant is entitled to compensation of Rs.15,000/- asked in the complaint as the opposite parties have lost the baggage due to their negligence.  The opposite parties have not shown any bonafide in loss of baggage.  In addition to that the opposite parties shall liable to pay litigation cost of Rs.10,000/- to the complainant. In the result, we proceed to pass the following;

ORDER

The complaint is partly allowed directing the opposite party no.1 & 2 to pay a sum of Rs.20,000/- to the complainant within 45 days from the date of order, otherwise, it carries interest at the rate of 8% p.a. from the date of default till payment. 

It is further ordered that opposite party no.1 & 2 shall pay compensation of Rs.15,000/- and litigation cost of Rs.10,000/- to the complainant within 45 days from the date of order, otherwise it carries interest at the rate of 8% p.a. from the date of filing the complaint till payment.  

Furnish the copy of order to the complainant and opposite parties at free of cost. 

      (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 30^th day of October, 2021)                                            

• M.B.SEENA)      (L.MAMATHA)          (C.V.MARAGOOR)                       
  144616126.  

//ANNEXURE//

Witness examined for the complainants side:

Sri.Mukund N.Katti complainant has filed his affidavit.

Documents marked for the complainant side:

1. Property Irregularity Report & Letter from Harting India Private Limited. 
2. E-Mail Communications.
3. Legal Notice dt.16.04.2018.
4. Postal receipts and acknowledgement.
5. Reply notice dt.30.05.2018.

Witness examined for the opposite party side: 

Sri.Rahul Kumar, Associate General Counsel has filed his affidavit.

Documents marked for the Opposite Parties side:

1. Copy of letter authorizing by complainant.

2. Copy of screenshot showing the complainant checked in with

one piece of baggage.

3. Copy of Indigo Conditions of Carriage.

4. Copy of email by which Rs.4,200/- has been offered

to the complainant.

4. Copy of screenshot showing weight of the piece of checked in

luggage.

• M.B. SEENA)         (L.MAMATHA)          (C.V.MARAGOOR)    
•