Per Mr. S.R. Khanzode, Hon’ble Presiding Judicial Member :
Heard. This appeal is directed against the order dated 29.12.2008 passed by the Mumbai Suburban District Consumer Disputes Redressal Forum, Bandra in consumer complaint No. 539/2007 –Bhuvanesh Gupta V/s The Assistant General Manager, Baggage Services, Air India Ltd. and Another. The disputed facts are that the respondent/original complainant booked the ticket from appellant-Air India Ltd. on 8.10.2006. It is contended on behalf of the respondent that his baggage amongst other contain two Lap tops and two bottles of perfumes. On return to Mumbai, when on 9.10.2006 he examined his baggage, found that two Lap tops and two bottles of perfumes were missing and therefore, he complained about it to the Police Station on 10.10.2006 and sent notice through the advocate demanding `10,00,000/- as compensation. But his claim was accepted only to the extent of `4,548/- and said amount was tendered. Finding it inadequate, the consumer complaint was filed. It was partly allowed and the Opponent-Airlines was directed to pay compensation of `29,548/- with interest. Feeling aggrieved thereby, this appeal is preferred by the original opponents.
The loss of the baggage in question is not in dispute. The appellants themselves offered compensation of `4,548/- for the same as per their liability under Warsa Convention and under Carriage by Air Act. Therefore, this part of impugned order cannot be assailed.
As far as compensation of `25,000/- awarded towards the mental torture is concerned, there is hardly any evidence led by the respondent-complainant to justify the same. The respondent had neither declared his valuable goods vis-à-vis the baggage lost nor paid any requisite additional charges for the same. The appellant offered some compensation as per their statutory liability and even tendered the amount but the complainant refused to accept the same. Under the circumstances, the Forum erred in granting compensation of `25,000/- towards the mental torture.
Since the complainant himself refused the due amount of compensation of `4,548/-, he is not entitled to interest over it as directed by the Forum.
For the reasons stated above, we hold accordingly and pass the following order :
O R D E R
The appeal is partly allowed. Impugned order dated 29.12.2008 is modified. Appellant do pay `4,548/- (Rs. Four Thousand Five Hundred Forty Eight Only) to the respondent/complainant within the period of 30 days from the receipt of the order and failing which this amount shall carry interest @ 18% p.a. till its payment.
In the given given circumstances, both the parties to bear their own costs.
The amount deposited by the appellant under section 15 of the Consumer Protection Act, 1986 be refunded to him as per the rules.
The reliefs not granted specifically, stand rejected.
Appeal stands disposed off, accordingly.
Pronounced dated 16th June 2011.
