FINAL ORDER/JUDGEMENT
SHRI ASHOKE KUMAR GANGULY, MEMBER
This is an application u/s.12 of the C.P. Act, 1986.
The complainants booked air ticket for themselves along with their minor daughter Miss Shivanshi Biswas for their holidays tour to Paris in Jet Airways from Netaji Subhas Chandra Bose Airport, Dum Dum, Calcutta. The date of the journey was on 30.10.2017. Accordingly they boarded in flight No.9W 0819 in class W as per boarding pass issued by the Jet Airways on 30.10.2017 with their hand bags. Jet airways issued 3 number of baggage pass. Everything was as per the specification of Jet Airways. They reached at Mumbai Airport. Thereafter after completion of necessary formalities they boarded the flight to Paris. On reaching at the Charles De Gaulle Airport, Paris on 31.10.2017 the complainants went to collect the three baggage but they were able to collect two baggage out of the three. The complainants reported the missing of baggage to the Airport authority, Paris which was acknowledged and the authority assured to hand over the baggage within 48 hours. The baggage was not handed over within 48 hours and Jet Airways failed to perform their duties and there is deficiency in their service. The missing baggage contained woolen garments of their daughter medicine and other garments of their daughter. The complainant No. 2 informed the Jet airways through mail dated 02.11.2018 about the missing items. They had to purchase garments for their daughter at a cost of Rs.100000/- (one lac only) . Several times the complainants reminded the Jet Airways . After that the Jet Airways informed them to wait for 21 days. Even after expiry of 21 days no result received. Legal notice was sent on 05.01.2018 which was replied on 21.03.2018 and requested them to provide some specific documents. The documents were accordingly sent on 15.04.2018. On 18.05.2018 the complainants received reply that they will pay them Rs.23,400/- as full and final settlement . Being aggrieved with the decision of the OPs the complainants filed the case before the Forum for justice and relief as detailed in their complaint petition.
The OPs have contested the case by filing their written version contending inter alia that the case is frivolous, motivated and based on concocted stories and not maintainable in its present form. They submit that the incident took place at Mumbai and Paris which are beyond the territorial jurisdiction of this commission. The complainant has approached the commission with unclean hand and has not submitted the relevant documents. The loss of baggage is an admitted fact and following the provisions of carriage by air with regard to loss of baggage – the OP promptly offered Rs.23,400/- to the complainants towards full and final settlement of the case but with utter dismay the complainant did not accept the same. This is a shopping approach on the part of the complainant which is not permissible under the C.P.Act, 1986.
In the light of the above pleadings, the following points necessarily have come up for determination.
1) Whether the OPs are deficient in rendering proper service to the Complainant?
2) Whether the OPs have indulged in unfair trade practice?
3) Whether the complainants are entitled to get relief or reliefs as prayed for?
Decision with Reasons
Point Nos. 1 to 3 :-
The above mentioned points are taken up together for the sake of convenience and brevity in discussion.
We have travelled over the documents placed on record.
On perusal of the records it is observed that the complainants had undertaken a tour to Paris by purchasing air tickets through Jet ways being the OP Nos. 1 & 2. They started the journey on 31.10.2017 under the care and supervision of Jet Airways. On reaching there at Charles De Gaulle Airport ,Paris they enquired about their luggage and was experienced that out of the three baggage registered with the OPs one baggage was missing. The said fact was reported by the complainants to the OPs through mail. The OPs however responded to the mail vide their mail dated 31.10.2017 admitting their fault with the assurance to resolve the issue at the earliest. It is understood from the correspondences of the complainant that the missing bag contained clothes of their daughter and the clothes of the complainant no.1 and also medicines. Though the OPs were in constant touch with the complainants the matter did not get resolved till 05.01.2018 when the complainants sent legal notice to the OPs stating that inspite of waiting for 21 days as promised by the OPs the baggage was not returned which tantamount to deficiency in service. 15 more days were offered to resolve the issue in default the complainants had no other option but to take the shelter of law. The OPs responded to the legal notice vide letter dated 21.03.2018 and asked them to furnish certain documents. The said letter of the OPs was replied by the Advocate of the complainants vide letter dated 15.04.2018. Thereafter the OPs vide letter dated 18.05.2018 informed finally that their baggage has not been found after rigorous tracing and in accordance with applicable convention rules, without prejudice, offered a sum of Rs.23,400/- to the complainants as full and final settlement of the instant dispute. Thereafter we do not find any other communication from the part of the complainants in respect of the said issue.
Now let us summarize the fact in nutshell. The baggage containing the clothes of their daughter and complainant No.1 was missing. The missing is admitted by the OPs. Series of correspondences were there in between the parties. The OPs always apologized for their lapses and assured to find out the missing bag. Ultimately they have failed to provide the same and expressed unhappiness and sorrow for their inability and finally offered to pay a sum of Rs.23,400/- to the complainants as per their prevailing rules as full & final settlement. The said message was communicated to the complainants vide their mail dated 18.05.2018 . But the complainants appear to have not been satisfied with the offer. In this respect we are also taking a note of the fact that the complainants have not produced bills and documents of purchased clothes for their daughter and complainant No.1 along with their complaint petition. In view of the same, we are not inclined to consider the claim of the complainants in respect of cost of the clothes purchased their at Paris.. Since the OPs have taken more than six months to resolve the issue the harassment of the complainants cannot be ignored.
In the light of the above observation we are of the view that the complainants have established the case in part against the OPs.
All the points under determination are answered accordingly.
In the result, the Consumer Complaint succeeds in part.
Hence,
Ordered
That the complaint case be and the same is allowed in part on contest against the OPs with the following directions.
- The OPs are directed to pay the sum of Rs.23,400/- as promised to the complainants.
- The OPs are further directed to pay a sum of Rs.5,000/- as compensation for causing harassment to the complainants
- The OPs are also directed to pay a sum of Rs.5,000/- as litigation cost to the complainants.
The above order is to be complied within a period of 30 days from the date of the order, in default , the complainants will be at liberty to put the order into execution as per rules.
Copy of the judgment be delivered to the parties free of cost as per the C.P. Act.
The Judgment be uploaded in the website of the Commission for perusal of the parties.
