Date of filing : 21.05.2010 Date of Order: 30.12.2010 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20 Dated: 30TH DAY OF DECEMBER 2010 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 1147 OF 2010 Somen Dawn Flat F-1, Gayatri Curio No. 4121/G 19th Main, HAL 2nd Stage Indiranagar, Bangalore 560 008 Complainant V/S Managing Director Kingfisher Airlines Ltd. 12th Floor, UB Tower UB City, No. 24, Vital Mallya Road Bangalore 560 001 Opposite party ORDER By the President Sri S.S. Nagarale This is a complaint filed by the complainant seeking cost of Guitar and bag and compensation of Rs. 1,00,000/- for mental agony. The facts of the case are that complainant had hired service of opposite party for travelling from Kolkata to Bangalore. He had booked his guitar and air bag and boarded the flight. On 03.11.2008 after flight landed at Bangalore he went to collect luggage. He found his guitar was highly damaged and he could not find his black bag. On report to the ground staff his bag was brought in a highly damaged condition. Lot of things missing from bag. The Guitar and bag both were in irreparable condition. He filed property irregularity report at the baggage counter of the opposite party at the airport. He has not been paid for the losses. The opposite party committed deficiency in service. International Consumer Rights Protection Council had also sent notice to the opposite party. Hence, the complaint. 2. The opposite party filed detailed version stating that opposite party has offered to the complainant payment of Rs. 2,250/- which was refused by the complainant. Compensation is offered to the complainant without accepting liability and as a gesture of goodwill. As per the terms and conditions the liability of the opposite party is restricted to Rs. 2,250/- calculated at Rs. 450 X 5 kgs. There was no willful or dishonest intent of opposite party. Therefore, the opposite party prayed to dismiss the complaint. 3. Respective parties have filed affidavit evidence. 4. Arguments are heard. 5. The points for consideration are: 1. Whether the complainant has proved deficiency of service on the part of opposite party? 2. Whether the complainant is entitled for compensation? If so, what is the quantum of compensation? REASONS 6. It is admitted fact that complainant traveled from Kalkatta to Bangalore on 03.11.2008 from opposite party aircraft. The complainant found his guitar highly damaged condition and bag was also missing. He reported the matter to ground staff at the airport Bangalore. Thereafter, his bag was brought to him in a very highly damaged condition and he missed lot of things from bag. The guitar and bag both were in irreparable condition. Complainant filed PIR at the baggage counter. As per the submissions of complainant he lost adaptor, sun glass, Lens set, lazer set and power glass from the air bag. He has mentioned in the PIR that his guitar was damaged. The opposite party had offered Rs. 2,250/- as compensation to the complainant. But the complainant refused to accept the same, since, the compensation offered was meager one. The complainant had also approached in front of International Consumer Rights Protection Council. The said council had issued notice to the opposite party and asked the opposite party to refund full baggage amount to the consumer and to pay compensation of Rs. 50,000/- for causing loss, inconvenience and harassment to the consumer. The opposite party has not given any response to the notice of International Consumer Rights Protection Council. Therefore, complainant was forced to file this complaint before this forum. The fact that complainant traveled on the opposite party flight is admitted. The fact that the guitar of the complainant was damaged is also admitted and he lost some articles from the bag and for that the complainant has given property irregularity report to the opposite party immediately. The opposite party could have taken immediate steps to suitably compensate the loss for the inconvenience, mental agony caused to him. The opposite party offered compensation of Rs. 450/- per kg. and in this way opposite party restricted the compensation to Rs. 2,250/- calculating 450 X 5 Kg. This offer of the opposite party is as per the terms and conditions of the Carriage by Air Act 1972. But that payment of compensation for the loss suffered to the consumer will not absolve the opposite party for payment of compensation under the consumer protection Act. Consumer Protection Act is a social and benevolent legislation intended to protect better interests of consumers. The Consumer Forums have got right and authority to pass orders for payment of compensation against the service provider on account of deficiency of service. The opposite party committed deficiency in service. Therefore, the complainant suffered mental agony and inconvenience. He is definitely entitled for suitable compensation for the loss sustained by him. Damage to guitar which costs about Rs. 6,000/- and the complainant has lost some 5 articles from the bag and the cost of those articles according to the complainant is more than Rs. 12,000/-. So taking into consideration of all these things it would be just, fair and reasonable to direct the opposite party to pay total compensation of Rs. 15,000/- to the complainant. That will meet the ends of justice. In the result I proceed to pass the following: ORDER 7. The complaint is allowed. The opposite party is directed to pay Rs. 15,000/- to the complainant within 30 days from the date of this order. In the event of non-compliance of the order within 30 days the above amount carries interest at 9% p.a. from the date of order till payment / realisation. 8. Send the copy of this Order to both the parties free of costs immediately. 9. Pronounced in the Open Forum on this 30TH DAY OF DECEMBER 2010. Order accordingly, PRESIDENT We concur the above findings MEMBER MEMBER
Consumer Court Lawyer
Best Law Firm for all your Consumer Court related cases.
