O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant's case are as follows :

The complainant is studying for medicine in Ukrain. On 29-09-2010. the complainant had travelled from Indira Gandhi International Airport, New Delhi to Cochin airport by flight No. S 2-241 owned and operated by the 1^st opposite party. During the travel, the luggage of the complainant worth Rs. 43,144/- was missing. The complainant duly intimated the matter to the 2^nd opposite party. The 2^nd opposite party on 14-10-2010 sent an e-mail to the complainant stating that the baggage could not be traced out, even after earnest efforts, they offered to pay a total sum of Rs. 6,750/- as compensation based on the weight of the baggage. However, the complainant was not amenable for that amount and he sent a registered notice to the 2^nd opposite party highlighting the actual loss sustained by the complainant. The baggage has been lost due to the deficiency in service on the part of the opposite parties and the complainant could not go to Ukrain on the date fixed and he was forced to purchase another set of clothes for which he spent more money and time. Thus, the complainant is before us seeking direction against the opposite parties to pay the following amounts:

1. To pay Rs. 43,144/- being the actual value of the lost articles.

2. To pay an amount of Rs. 10,000/- the additional amount paid by the complainant to his Ukrain air ticket.

3. To pay Rs. 2 lakhs towards compensation and costs of the proceedings.

2. Despite service of notice from this Forum, the opposite parties did not appear for their own reasons. No oral evidence was adduced by the complainant. Exts. A1 to A8 were marked on his side. Heard the authorised representative of the complainant.

3. The points that emerged for consideration are :-

i) Whether the complainant is entitled to get Rs. 43,144/-

being the price of the articles in the baggage lost?

ii) Compensation and costs, if any?

4. Point Nos. i and ii :- Ext. A1 air ticket goes to show that the complainant had travelled from Delhi to Cochin on 29-09-2010 by the flight of the 1^st opposite party. According to the complainant, after the arrival in Kochi, he could not collect the baggage since it has been lost from the possession of the opposite parties. The complainant had highlighted his grievances before the opposite parties and accordingly, the opposite parties offered a compensation of Rs. 6,750/- being the price of the baggage considering the weight of the same. However, the complainant vehemently contended that the contents of the baggage amounts to Rs. 43,144/-. Ext. A7 Property Irregularity Report does not disclose the contents of the baggage or the value thereof. The complainant failed to prove before this Forum as to the contents of the articles in the baggage. The complainant ought to have disclosed the contents of the baggage and the price of the articles as and when he entrusted the same with the opposite parties at the airport in Delhi in which he failed. In that case, the liability of the opposite parties is squarely limited to the price of the baggage based on its weight in view of Carriage by Air Act 1972.

5. Point No. iii :- Nothing is forthcoming on the part of the opposite parties as to why the baggage of the complainant has been lost from their possession. The Hon'ble High Court of Kerala in Srilankan Airlines Ltd. Vs. The Permanent Lok Adalath (2009 (4) KLT 625) held that “Therefore the airlines should be put to prima-facie proving that they took adequate and proper care to the baggage and the same was damaged or lost dispute proper care.” Contractually, having agreed that goods entrusted with them would be delivered without fail. In this case, the opposite parties failed there, for no reason or fault of the complainant. The liability persists which calls for compensation. We fix it at Rs. 10,000/- since we feel that the claim for compensation is felt to be unnecessarily exaggerated. It would be to the worth of the service provider and the consumer that promises are kept and contracts held.

5. Accordingly , we allow the complaint in part and direct as follows :

1. The 1^st opposite party shall pay Rs. 6,750/- being the price of the articles in the baggage as agreed by the opposite party.

2. The 1^st opposite party shall also pay compensation of Rs. 10,000/- to the complainant for the reasons stated above.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the above amounts shall carry interest at the rate of 12% p.a. till payment.

Pronounced in open Forum on this the 31^st day of May 2011.