DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM

       Dated this the 18^th day of March, 2024

                                                                   Filed on: 27/08/2016

PRESENT

Shri.D.B.Binu                                                                          President

Shri.V.Ramachandran                                                              Member Smt.Sreevidhia.T.N                                                             Member

C.C. NO. 502/2016

COMPLAINANT

Abdul Rahim, S/o.Kunjammad, Design Footwear, Opp.Juma Masjie, Jew Street, Ernakulam, Kochi-682 031

(By Adv. M.S  Mohamed Usman, Sheeba Manzil, Bava Lane, S.R.M. Road, Ernakulam-682 018)

VS

OPPOSITE PARTY

1. M/s. Air India Ltd., Registered Office at Air Lines Hous, 2^nd Floor, 113, Gurudwara Rakabganj Road, New Delhi-110 001. Rep. by its Chairman & Managing Director.
2. Rohit Nandan, Chairman & Managing Director, Air Lines House, 2^nd Floor, 113, Gurdwara Rakabganj Road, New Delhi-110 001.
3. Syed Nasir Ali, Jt. Managing Director, Air Lines House, 2^nd Floor, 113,  Gurdwara Rakabganj Road, New Delhi-110 001.
4. S.Venkatt, Director-Finance, Air India Ltd., AIL Finance Department, 3^rd Floor, Finance Building, Old Airport, Santa Cruz (E) Mumbai-400 029.
5. Pankaj Srivastava, Director-Commercial, Air India Ltd., Air Lines House, 2^nd Floor, 113,  Gurdwara Rakabganj Road, New Delhi-110 001.
6. M/s.Air India Ltd., Collis Estate, M.G.Road, Ravipuram, Ernakulam, Pin-682 016,       rep. by Branch Manager.

(OP No. 1 to 6 Rep. by Adv.M.Gopikrishnan Nambiar, Menon and Pai, I.S.Press Road, Cochin-18)

F I N A L    O R D E R

V. Ramachandran, Member:

This consumer complaint is filed by Sri. Abdul Rahim, Design Footwear, Ernakulam alleging deficiency in service and unfair trade practice against M/s. Air India Limited and others. The contention of the complainant is that he had travelled in the opposite party’s flight No. AI 048 from Delhi to Kochi with a baggage as per Ticket No. 0986765168507. As per that, the baggage allowance to the complainant was 15 Kg. the baggage of the complainant had contained costly clothes and 2 mobiles altogether worth Rs.50,000/-. The said baggage belonging to the complainant was registered as per the terms of carriage. The opposite party had provided to the complainant Tag No. AI 115763 for his baggage.

As per the terms of the carriage the opposite parties are bound to deliver the baggage to the complainant at the place of his destination. Bu the opposite parties had failed to deliver the baggage to the complainant at Kochi. The baggage of the complainant was with the opposite parties which is lost due to the negligent act of the opposite parties during the carriage by air. On 21/02/2015 complainant had submitted a Property Irregularity Report to the opposite party and the opposite parties have received the same as per File Ref. No. COKA131151/21 FEB15/1647GMT. But the opposite parties have not even take any steps to deliver the baggage registered or to pay any compensation for the loss sustained to the complainant. Even though the complainant had contacted the opposite parties continuously for the delivery of baggage the opposite parties never responded to the complainant in a responsible manner. On receipt of Property Irregularity Report and continuous written requests, the opposite parties had not taken any action to deliver the baggage to the complainant. From the act of the opposite parties it is clear that they were wilfully not followed any of the guidelines or procedures to deliver the baggage to the complainant. Due to this the complainant had suffered inconvenience, difficulties and severe mental agonies and he run from one department to another for getting his baggage. There is gross deficiency of service on the part of the opposite parties hence the complainant is entitled to receive an amount of Rs.50,000/- towards the cost of valuable dresses and mobiles. Details of the same are as follows: 7 linen shirts each worth Rs.1,500/-, 5 pants each worth Rs.2,000/-, 7 undergarments  worth Rs.2,500/- and two mobile phones of Samsung make worth Rs.27,000/- as compensation. The opposite parties are also bound to pay to the complainant Rs.10,000/- as compensation. Hence the complainant prayed to issue an order to the opposite parties to pay an amount of Rs.60,000/- with 16% interest.

Upon notice from the Commission opposite parties appeared and filed their version.

In the version the opposite parties stated that the complainant had travelled in the flight of the 1^st opposite party AI-048 from Delhi to Cochin on 21/02/2015. The complainant had checked-in with two baggage under tag No.s AI 115762 and AI 115746 weighing 20 kgs in total. However upon arrival of the said flight, only one piece of baggage weighing 10 kgs was delivered to the complainant and the other piece of baggage weighing 10 kgs was not delivered to the complainant. The complainant submitted a property irregularity report to the 1^st opposite party on 21/02/2015. Immediately the personnel of the 1^st opposite party issued a mishandled baggage report and tracer messages which were sent through the Air India Network to locate the baggage of the complainant. Opposite parties submitted that the complainant had to declare valuables, if any, were being carried in the checked-in baggage. The complainant was specifically asked by the counter staff at the time of check-in as to whether any valuable were being carried in the baggage, to which the complainant answered in the negative. If any valuables remove the same from the checked-in baggage. The opposite parties had immediately on receipt of the complaint sent tracer messages to member airlines to locate the baggage, but had not availed.

The complainant had produced 7 documents which are marked as Exbt. A1 to A7.  The opposite party filed 2 document which are marked as Exbt. B1 and B2.

Exbt. A1 is the copy of Flight ticket dated 21/02/2015, Exbt. A2 is the copy of e-ticket receipt dated 17/01/2015, Exbt. A3 is the copy of Property Irregulaity Report submitted by the complainant. Exbt. A4 is the copy of lawyer notice., Exbt. A5 is the postal receipt, Exbt. A6 is acknowledgement card, Exbt. A7 is the copy of reply notice issued by the 1^st opposite party. Exbt. B1 is the copy of General Conditions of Carriage for passengers and baggage, Exbt. B2 is the copy of reply to lawyer notice sent to the complainant.  

From the above documents and also from the facts and figures submitted by both sides the Commission has to verify the following points:

1. Whether the complainant is sustained to any sort of deficiency of service, or unfair trade practice from the side of the opposite party?
2. Whether the complainant is eligible to get any relief from the opposite party?
3. Cost of the proceedings if any?

On going through the complaint, version and evidence produced by either side, it can be seen that the complainant had travelled from Delhi to Kochi in the flight operated by the opposite party. Baggage allowance of the complainant was only 15 kgs. The baggage of the complainant had contained costly cloths and 2 mobiles altogether worth Rs.50,000/-. The said baggage belonging to the complainant was registered as per the terms of carriage. The opposite party had provided to the complainant Tag No. AI 115763 for his baggage. As per the terms of the carriage the opposite parties are bound to deliver the baggage to the complainant at the place of his destination. But the opposite parties had failed to deliver the baggage to the complainant at Kochi. On 21/02/2015 complainant had submitted a Property Irregularity Report to the opposite party and the opposite parties have received the same as per File Ref. No. COKA131151/21 FEB15/1647GMT. On receipt of the PIR, the opposite parties have not even take any steps to deliver the baggage registered or to pay any compensation for the loss sustained to the complainant.

Whereas the opposite parties had argued that the complainant is not entitled to compensation to the tune of Rs.60,000/- as alleged. As per the general conditions of carriage for passenger and baggage of the opposite parties, valuable/expensive items are not to be kept in the check-in baggage. Such items are only to be stored in the hand baggage. Furthermore, the complainant is duty bound to declare the value of the articles being stored in the check-in baggage beforehand. Opposite party had received the property irregularity report filed by the complainant and a mishandled baggage report and tracer message was sent to all offices of the opposite parties without any delay in order to locate the baggage.

The Commission has made thorough analysis on the over all aspects of the case with respect to the documents produced by either side. The complainant had travelled in the flight operated by the opposite party on 21/02/2015 from Delhi to Kochi which is not disputed by the opposite parties. As per e-ticket receipt (Exbt. A2) which proves that he was allowed 15 kgs baggage. Complainant had filed Property Irregularity Report on 21/02/2015. The said evidences is also not disputed by the opposite party.

Evidences produced by the complainant very clearly reveals that the complainant had travelled from Delhi to Kochi on 21/02/2015 and had lost his baggage. The contents of the baggage is not known or revealed from the evidence but the opposite parties could not succeeded in establishing the fact that the baggage had not been lost from them or there were nothing inside the baggage as claimed by the complainant. Moreover the judgement cited by the opposite party do not have any relevance with the instant complaint.

In these circumstances the argument of the complainant is that there was the items as he claimed was there in the baggage which need not be disbelieved. Hence the Commission finds the 1^st Point in favour of the complainant. Since Point No. 1 found in favour of the complainant, Point No. 2 and 3 decided accordingly. Hence the following orders are passed.

1. An amount of Rs.60,000/- (Rupees sixty thousand only) shall be paid by the opposite parties to the complainant towards the value and compensation asked for by the complainant.
2. Opposite parties shall be paid and amount of Rs.5,000/- (Rupees five thousand only) to the complainant as cost of proceedings.

The opposite parties shall jointly and severally comply with the above order within 30 days from the date of receipt the copy of this order.

.     

Pronounced in the Open Commission on this the 18^th day of March, 2024

V.Ramachandran, Member

Sd/-

D.B.Binu, President

Sd/-

Sreevidhia.T.N, Member

Forwarded/by Order

Assistant Registrar

Appendix

Complainant’s Evidence

Exbt. A1:    Copy of Flight ticket dated 21/02/2015      

Exbt. A2:    Copy of e-ticket receipt dated 17/01/2015

Exbt. A3:    Copy of Property Irregularity Report submitted by the complainant

Exbt. A4:    Copy of lawyer notice

Exbt. A5:    Postal receipt

Exbt. A6:    acknowledgement card

Exbt. A7:    Copy of reply notice issued by the 1^st opposite party

Opposite party’s Exhibits

Exbt. B1:    Copy of General Conditions of Carriage for passengers and baggage

Exbt. B2:    Copy of reply to lawyer notice sent to the complainant.  

Despatch date:

By hand:     By post                                                  

kp/

CC No. 502/2016

Order Date: 18/03/2024