KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL NO.798/2002 JUDGMENT DATED 18.2.2008 Appeal filed against the order passed by CDRF, Thiruvananthapuram in OP.212/01 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER Sri Lankan Airlines Ltd., Represented by the Station Officer, : APPELLANT Srilankan Airlines, Room No.160, International Terminal, Trivandrum Airport, Thiruvananthapuram. (By Adv.Nair Ajay Krishnan) Vs. Mr.M.R.Shahim, : RESPONDENT Hundaplavilayil, Mukundapuram.P.O., Kollam. (By Adv.T.L.Sreeram) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party in OP.212/01 in the file of CDRF, Thiruvananthapauram. The appellant/Srilankan Airlines Ltd. is under orders to pay a sum of Rs.35000/- towards value of the baggage lost, with future interest at 14.5.% , a sum of Rs.3500/- as general compensation and a sum of Rs.1000/- as cost. 2. The case of the complainant is that he traveled by the flight of the opposite parties from Thiruvananthapuram to Riyadh on 3.5.2000 but it was on arrival that it was found that one piece of baggage has been tampered with and from that baggage many valuable contents are pilfered. On arrival at Riadh the contents including 3 wedding sarees , two cameras, five pant pieces, five shirt pieces, 4 pieces of jeans, six pieces of readymade shirts, 2 kg of cashewnut and six film rolls was found missing. The items were purchased from India for the marriage of a Bungladesh friend working at Soudi Arabia. According to him he was treated as dishonest by his companions at Riadh and hence he returned feeling humiliated and he lodged a complaint ie the Property Irregularity Report. But there was no response. At last a sum of Rs.10267/- was offered as compensation for 11 Kgs which is far less. Due to delay in the return journey complainant’s visa got expired and he lost his job. A sum of Rs.3,00,000/- is claimed as compensation for loss of jobs and Rs.1,00,000/- is claimed for mental agony etc; and Rs.50,000/- towards value of luggage altogether Rs.4,50,000/-. 3. On the otherhand the opposite parties has admitted that the complainant was a passenger and that he had checked in 2 pieces of luggage weighing 21 Kgs altogether. The lost of the luggage is OF 11 kgs. The contents were not declared. As per rules then existing the value to be paid is at the rate of 20 US dollars per kg and its will work out to Indian equivalent of Rupees 10,267/-. The same was offered. The rule prevalent ie; per the article 22(2)(a) of the second schedule of the Carriage by Air Act, 1972. It is also pointed out that as per article 9 para 1 of General Conditions of Carriage for Passengers and Baggage the passenger shall not include in checked baggage, money, jewellary, precious metals, securities or other valuables etc. As per article 9 para 4 of the above Conditions if such other items are included the same shall be subject to the charges etc.. It is also provided in para 8 of the article 9 of the Conditions that if he is having checked in baggage items in excess of 250 US French gold Francs equivalent to 20 US dollars per kg, he will have to pay charge in accordance Carriage Regulations. 4. The evidence adduced consisted of Exts.P1 to P8 only. No oral evidence was adduced by either side. Of course proof affidavits were filed by both sides. 5. We find that Forum has not considered the legal issues involved and has just awarded a lumpsum of Rs.35,000/- towards the value of goods lost. The rest of the claims were discarded mentioning that there was no sufficient evidence. 6. We find that the conditions as per the 2nd schedule of General Conditions of the Carriage by Air Act, 1972 vide article 22(2)(a) the claims with the undeclared baggage for which additional charges have not been paid is limited to 250 Francs per Kgs which according to the appellants is equivalent the value of 20 US dollars per Kg.. The weight of the baggage as 11 Kgs as contended by the opposite party has not been disputed. There was no case for the complainant that the valuable items were declared. In the circumstance we find that the decision of the Forum cannot be sustained. As noted by the Forum there is no evidence as to loss of job, return to India etc. Hence in this regard we agree with the findings of the Forum. 7. In the circumstance the order of the Forum is setaside. The appellant is directed to pay to the complainant a sum equal to the value of 220 US dollars at the time. He will not be entitled for interest on the amount as the amount was offered at the time when he made the claim. In the circumstances, the order of the Forum is modified accordingly. The amount shall be paid by the appellant within two months from the date of receipt of this order failing which the amount would carry interest at 18% from the date of this order. JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER | 
