The present First Appeal No. 6 of 2022 has been filed by the above named Appellant under Section 41 of the Consumer Protection Act, 2019, praying for setting aside/quashing the impugned Judgment and Order dated 11.08.2022 passed by the learned District Consumer Disputes Redressal Commission (District Commission), at Sangaiprou, Imphal West, Manipur, in Consumer Complaint No. 4 of 2021, coupled with another prayer for staying the operation of the above mentioned impugned Judgment and Order dated 11.08.2022.

2.         Brief facts of the instant First Appeal, arising from  Consumer Complaint Case No.4 of 2021 is that the present Respondent (Complainant  of Complaint Case No.4 of 2021) is a Fitness Trainer, working at Fitness Blender’s Mich Academy, Maniconda, Hyderabad, earning and supporting his family and parents. It is presented as a fact of the present First Appeal that the present Respondent (Complainant in the learned District Commission below) was bound to travel from Hyderabad to Imphal via Kolkata by Air India Flight no. AI-525, on 16.06.2020 under ticket no.0983760728146C1. However, due to the Covid-19 lockdown, Air India had directed all passengers of Air India Flight no. AI-525 to board the flight from Kolkata to Imphal via Delhi on the same day by another flight under no. AI-747, but the said flight was rescheduled for departure on the next day, i.e. 17.06.2020 at 10.30 a.m. from Delhi International Airport terminal 3, under new ticket No. 0982133326164C2, flight No. AI-889. Unfortunately upon arrival of the mentioned Air India Flight AI-889 at Imphal Airport, the present Respondent’s luggage tagged under No. AI966378 (Black Dufell/Sports Bag) was found missing; and accordingly, on the same day of 17.06.2020, the present Respondent had lodged a complaint at the Help Desk of Air India at Imphal Airport, to which the Customer Service Executive of Air India informed the present Respondent to wait for some days for resolution and tracking of the missing luggage. It is also presented that the present Respondent had file “Property Irregularity report” under No. IMF AI 10863/17/June20/0948GMT. The present Respondent, in pursuance of his  complaint report, made repeated requests and sent an email on 09.07.2020 for Redressal of his problem; however, no definite response was received from the end of the present Appellant (Respondent in Complaint Case No. 4 of 2021). Despite having filed complaint report and “Property Irregularity Report” with the authority of Air India and despite having waited for long period of more than two months, besides making repeated phone calls to Air India Staffs at the following numbers, viz. 0385-24581, 7005532073, 9051409709 and 8800197890, the present Respondent could not find his missing luggage and he was not properly informed/communicated by the authorities concerned of Air India (the present Appellant). Consequently, due to the inactivity of the present Appellant, the present Respondent had filed a complaint report with the Officer-in-charge of Singhamei Police Station and the same was registered as General Diary (GD) Case No. 25/Report & Inquiry. It has been alleged in the Complaint case No. 4 of 2021 by the present Respondent that the missing luggage contained his  original documents pertaining to his educational qualification, Sports Certificates and other important certificates, besides other items, which has been detailed as under:

Documents/Certificates:

Other items:

Thus, due to the actions and inactions of the present Appellant, the present Respondent has suffered mental agony and damages, as his career and future has been kept in an uncertain situation due to the loss of all his original educational, sports and other important certificates. Hence, the present Respondent sought compensation of an amount of Rs. 5,50,000/- (Rs. 5,00,000/- for causing harassment, mental agony, sufferings, etc.; and Rs. 50,000/- as litigation cost) from the Id. Consumer Disputes Redressal Commission (District Commission), Imphal at Sangaiprou. The Id. District Commission, heard the opposite party to the Complaint case No. 4 of 2021 (the present Appellant) and after hearing both sides, framed the following issues which were decided in favour of the Complainant (present Respondent):

1. Whether there is any cause of action or not?
2. Whether the complainant (present Respondent) lost his baggage in course of his journey or not?
3. Whether all the items claimed to be inside his baggage were inside the lost baggage or not?
4. Whether or not the respondent (the present Appellant) has committed deficiency and negligence in service which caused the complainant (the present Respondent) to suffer great loss and damages?
5. Whether the complainant (the present Respondent) is entitled to relief(s) claimed or not?

The Id. District Commission, thus, decided the case in favour of the present Respondent (complainant) and directed the present Appellant to pay an amount of Rs. 2,00,000/- (Rupees two lakh only) as compensation for mental agony, harassment, pain and for making uncertain future; and another sum of Rs. 20,000/- as cost of litigation.

The present Appellant, being aggrieved by the impugned Judgment and Order dated 11.08.2022, has preferred and filed the present first Appeal No. 6 of 2022, on the ground that the award of compensation is exorbitant and contrary to the provisions of law enshrined in “The Carriage by Air Act, 1972” and as amended vide Act No. 28 of 2009, dated 20.03.2009.

3.         The contention of the Appellant is that the Complaint/matter of the present Respondent brought in Complaint Case No. 4 of 2021 was to be settled and decided according to the terms of “The Carriage by Air Act, 1972”  and as amended vide Act 28 of 2009, dated 20.03.2009, which is a codified law and binding to both parties of the Complaint Case. It is contended that according to the said Act, the liability of Carrier in case of loss of items in domestic journeys is limited to Rs. 450/- per kg in case of checked baggage; and also contented that according to the Act, the liability of the Airlines is limited to maximum amount of Rs. 20,000/- (Rupees twenty thousand only) payable per passenger for the loss of checked baggage during journey. The total weight of the baggage was approximately 13 kgs  and thus the present Appellant is bound to pay a sum of Rs. 5.850/- to the present Respondent. The Appellant has also presented that the present Respondent did not declare the monetary value of the items in his baggage and thus the value compensation is to be assessed at the rate of Rs. 450/- per kg. The Appellant has filed copy of the “General Conditions of Carriage for Passengers and Baggage” Air India Limited and has presented the following grounds for consideration of the First Appeal Case, in addition to the contentions made above:

i. Under “The Carriage by Air Act, 1972”, for damage of baggage arising under Article 16.2 & 17.2, the Airlines is not liable for amounts exceeding Rs. 2,000,00/- (Rupees two lakh only) for each passenger; Carrier shall not be able to exclude or limit its liability.

ii. Pursuant to Notification No. S.O. 142(E), dated January 17, 2014, vide second Schedule of ICA 1972, a maximum of Rs.  20,000/- is to be given to each passenger for loss of checked baggage.

iii. Passengers are advised not to carry valuables such as Jewellery, Cashable articles, negotiable papers and currency in their checked baggage. The Carrier is not liable for loss/damage or delay in the delivery of fragile or perishable articles or items or value of importance such as money, jewellery, silverware, cameras, electronics/video/computer or photographic equipment, securities, heirlooms, antiques, artifacts, work of art, irreplaceable books or publications, manuscripts, business documents, precious metal and other similar valuable or commercial effects.

iv. It has also been presented that the Id. District Commission has erred in presuming that the luggage/baggage of the present Respondent contained the original documents/Certificates of the Respondent without examining him on Oath in this regard.

FINDINGS AND ORSERVATIONS THEREOF

4.         Record reveals that the present First Appeal Case No. 6 of 2022 has been proceeded ex-parte against the present Respondent, due to his non-appearance, vide order dated 05.12.2022.

            Careful perusal of the records available before this Commission, coupled with the records of the Complaint Case No. 4 of 2021 from the learned Consumer Disputes Redressal Commission (District Commission), Imphal at Sangaiprou, has revealed that indeed it is an admitted fact that a baggage/luggage under tag No. AI966378 (Black Dufell/Sports Bag), belonging to the present Respondent was lost/found not traceable while on journey from Delhi to Imphal by Air India flight No. AI-889, under ticket No. 0982133326164C2 on 17.06.2020. Despite, various efforts, the said luggage/baggage could not be retrieved. Being aggrieved, the present Respondent had filed the Complaint Case No. 4 of 2021 which was decided in his favour and direction was given to the present Appellant to pay a sum of Rs. 2,00,000/- (Rupees two lakh only) as compensation for harassment, mental agony, etc. and another sum of Rs. 20,000/- as litigation cost. However, the contentions of the Appellant in this First Appeal No. 6 of 2022 qualifies for consideration and needs careful examination. This Commission has perused the copy of the “General Conditions of Carriage for Passengers and Baggage” Air India Limited and under its provisions, it has been clearly specified in clause (d) of 17.2 which reads as-

            (d) In the carriage of baggage, the liability of Carrier in the case of destruction, loss, damage or delay shall be limited to rupees twenty thousand for each passenger, unless the passenger has made, at the time when the checked baggage was handed over to the Carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum, if so required. In that case, Carrier shall be liable to pay a sum not exceeding the declared sum, unless it proves that the declared sum is greater than the passenger’s actual interest.

            It is crystal clear that as per the above provision, there is a pre-requirement of making a special declaration of interest in delivery of the items/baggage/luggage, along with payment of supplementary sum (if required), without which, in the event of loss or damage or delay, the liability of the Carrier shall be limited to Rs. 20,000/- (Rupees twenty thousand only).

            Further, the complaint of the present Respondent that his lost luggage/baggage contained his original educational, sports and other important certificates in a matter that requires verification and no effort or step was taken up by and before the Id. District Consumer Commission during the trial and hearing of the Complaint Case No. 4 of 2021. The complainant (present Respondent) was ought to be examined on Oath to substantiate his claim during the trial. Mere production and filing of the photostat copies of the alleged lost documents cannot be used as a verifiable means to comprehend that the misfortuned lost luggage/baggage of the present Respondent indeed contained his original educational, sports and other important certificates. Hence, this plea of the present Respondent looms under heavy cloud of doubt and legal liability cannot be imposed upon either party for want of verifiable evidence. The Id. District Consumer Commission was ought to consider and apply the provisions of the “Carriage by Air Act, 1972” or “General Conditions of Carriage for Passengers and Baggage” Air India Limited before passing the impugned Judgment and Order dated 11.08.2022. In the general understanding of a layman, the present Respondent is the consumer and the present Appellant is the Service Provider who has laid down its own rules and regulations codified in the form of “Carriage by Air Act, 1972” or “General Conditions of Carriage for Passengers and Baggage” Air India Limited  and hence, the present Respondent is bound by the provisions of the above noted Act while employing the service of Air India. Indeed, it is unfortunate that the loss of the present Respondent’s luggage/baggage has occasioned, resulting in metal agony, and suffering to him. This Commission has observed that there is indeed deficiency of service on the part of the Appellant/Air India and it/he is bound to compensate the present Respondent. However, the amount of compensation to be awarded to the present Respondent is to be considered as per the provisions of the laid Act of the Air India. It is also evident that there is lacuna on the part of the present Respondent in having failed to fulfill the pre-requirements with regards to the lost baggage/luggage, for not having made a special declaration with regards to the contents of his luggage/baggage. Hence, the award for compensation of the amount of Rs. 2,20,000/- (Rupees two lakh twenty thousand only) to the present Respondent is devoid of proper legal justification.

ORDER

5.         Thus, this Commission is of the opinion that the Consumer Disputes Redressal Commission (District Commission), Imphal at Sangaiprou has erred in passing the impugned judgment and order dated 11.08.2022 and for the observations made above, the impugned Judgment and Order dated 11.08.2022 is hereby quashed and set aside, with fresh direction that (i) a sum of Rs. 50,000/- (rounded off from the total value of goods reported by the present Respondent which is Rs. 46,798/-), (ii) a sum of Rs. 20,000/- as cost of litigation, and (iii) another sum of Rs. 30,000/- for mental pain and agony arising from the unfortunate loss, be paid to the present Respondent, within one month’s time from the date of receipt of this order, failing which interest at the rate of 8% per annum shall be charged thereon till the full and final payment. Let a copy of this order be furnished to the Appellant and Respondent for information and doing the needful.

6.         Accordingly, this First Appeal Case stands disposed of.

7.         Announced in the Open Court.

8.         Registry is directed to send back the case records and connected documents of Complaint Case No. 4 of 2021 to the Consumer Disputes Redressal Commission (District Commission), Imphal at Sangaiprou, along with a copy of this Order.

9.         File be consigned in record room along with a copy of this order.