By Smt. C.S. Sulekha Beevi, President,

1. Complainant travelled from Muscut to Kozhikkode on 10-12-2007 by flight of opposite party. While travelling he entrusted to opposite party two pieces of baggage ie; a carton and a big trolley bag for carriage by the same flight. When the flight landed at Kozhikode Airport only one piece of baggage ie; the carton was delivered to him. The trolley bag was missing. Complainant immediately reported the matter to opposite party. He brought to the notice of staff of opposite party at the counter that the bag is easily identifiable since it bears label affixed on all four sides as valuable items. He alleges that he was much pained when the counter staff responded to this by laughing between themselves. Later opposite party issued a property irregularity report. After making him wait for long time opposite party offered to compensate by paying 20 US dollars per kg of the missing baggage. This was declined by complainant. It is submitted that the baggage was handed over 5 hours prior to the reporting of non-delivery because the flight is a direct Muscat-Kozhikkode flight and took only about three hours of travel. That opposite party deliberately did not take effort to trace out the baggage. That the articles in the bag was worth Rs.2,20,000/-. The details of these articles are enlisted in the complaint. Complainant alleges deficiency in service and prays to direct opposite party to pay Rs.2,20,000/- with 18% interest being the value of contents inside the missing baggage and Rs.25,000/- as compensation together with Rs.5,000/- as costs.

2. Opposite party filed version admitting that complainant was a passenger in the said flight. It is also admitted that out of the two pieces of baggage entrusted to opposite party for carriage, a black stroller bag weighing 13 kgs was lost. Even after thorough check the baggage could not be traced. A property irregularity report was issued to complainant on 10-12-2007 itself. The allegations that the counter staff laughed and displayed teasing attitude is vehemently denied. It is also denied and specifically disputed by opposite party that the missing baggage contained articles worth Rs.2,20,000/-. That complainant has not declared any articles. That opposite party has already communicated willingness to compensate by paying 20 US dollars per kg or it's equivalent in Indian currency. That complaint is to be dismissed.

3. Evidence consists of affidavit filed by complainant and Exts.A1 to A3 marked for him. Opposite party has filed counter affidavit. No documents marked for opposite party. Either side has not adduced any oral evidence.

4. Complainant is aggrieved that a baggage weighing 13kg entrusted to opposite party was lost in transit. It is evident from the admitted facts that opposite party has failed to take reasonable and due care as carrier. We have no hesitation to hold that opposite party is deficient in service.

5. Complainant claims Rs.2,20,000/- as value of articles inside the missing baggage. The details of these articles are stated in the complaint and reiterated in the affidavit. Opposite party denies this contention and swears that complainant has not declared the articles. As per regulations complainant is bound to declare value of items carried in the bag. Since he has not declared the value of the contents of the bag we are unable to accept the claim for compensation of Rs.2,20,000/-. Opposite party submitted their willingness to pay 20 US dollars per kg (20 x 13 = 260 dollars) for the missing baggage. Complainant is definitely entitled to this amount In our view he has to be compensated for the mental agony and hardships also. It is the case of complainant that he was returning for the first time to his native place after working abroad for four years. It is also stated that some of the items inside the bag was of much sentimental value to him. Together with the submission that opposite party could have some how traced the bag because it was handed over just 5 hours prior to it being reported to be missing impels us to allow a compensation of Rs.9,000/- towards mental agony, inconveniences and hardships.

6. In the result, we allow the complaint and order opposite party to pay 260 US dollars or equivalent Indian rupees to the complainant and to pay compensation of Rs.9,000/- (Rupees nine thousand only) towards mental agony and hardships together with costs of Rs.2,000/- (Rupees Two thousand only) within one month from the date of receipt of copy of this order. The exchange rate prevailing on the date of this order shall be applicable to both sides.

 

Dated this 5th day of December, 2008.

 

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A3

Ext.A1 : Property Irregularity Report.

Ext.A2 : Photo copy of the notice dated, 27-12-2007 by complainant

to opposite party.

Ext.A3 : Air Ticket

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Nil

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER