By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Brief facts are as follows:<br /> Petitioner travelled by flight of opposite party on 05-02-2004 from Jeddah to Calicut while returning from haj pilgrimage. On landing at Calicut Airport her baggage tagged as No.A1 22842, A1 022832, A1 022815 were missing. Even though she made complaints to the Haj Committee and opposite party her baggage has not been returned till date. She prays for (1) direction to opposite party to return her baggage (2) On failure to return pay compensation of Rs.97,692/- being the cost of articles in the missing baggage (3) to pay compenstion of Rs.50000/- towards mental agony and hardships.<br /> 2. Opposite party filed version admitting that petitioner travelled by flight No.A1 3806 from Jeddah to Calicut on 05-02-04. It is stated that Haj Committees are formed to look after the welfare of pilgrims. The baggage of the pilgrims are tied together and the group leaders are authorised to receive the baggage of pilgrims. That group leaders are responsible for collecting the baggage and disbursing to the group members. It is further contended that the value of the baggage was not declared and no extra duty was paid for any excess weight. The liability if any, is limited to 20 kgs for a passenger travelling in economy class of the Airline. That there is no deficiency in service and complaint is liable to be dismissed.<br /> 3. Evidence in this case consists of affidavits filed by both sides. Exts.A1 to A9 marked on the side of complainant. NO documents marked on behalf of opposite party. Both sides have not adduced any oral evidence. Points that arise for consideration:- <br /> (1) Whether opposite party has committed any deficiency in service? <br /> (2) If so, reliefs and costs.<br /> 4. Point(1):- The undisputed fact of this case is that complainant travelled from Jeddah to Calicut on 05-02-04 by flight A1 3806 of opposite party while returning from haj pilgrimage and that she carried with her the alleged baggage. Ext.A1 is the photocopy of baggage identification tag issued to complainant by opposite party. Opposite party refutes the allegation of loss of baggage and contends that being a haj pilgrim the baggage is usually handed over to the group leader. Opposite party has no case that he has obtained consent of complainant to hand over the baggage to another person. Opposite party has not adduced any evidence to show who was the group leader if any, and to whom opposite party had delivered the alleged baggage. Opposite party has not specifically denied that the baggage was not lost in transit. There is no evidence that it was delivered to complainant. For the above reasons we have no hesitation to conclude that the baggage was lost due to negligence of opposite party and this amounts to deficiency in service.<br /> 5. Point (ii):- Complainant claims that the alleged baggage contained articles worth 141 Saudi Riyals which is equivalent to Rs.97,692/-. Complainant has not declared the value of articles in the baggage. Eventhough complainant contends the weight of baggage to be 60kgs she has not produced any document to show that she has paid extra duty for excess weight. Thus accepting the contention of opposite party regarding the limitation of liability to 20 USD per kilogram, we hold that complainant is entitled to compensation of 400 USD for the loss of baggage. It is sad indeed that a woman who had traveled to perform her holy haj had to suffer such hardships on return. We consider that an amount of Rs.6000/- for mental agony and hardships would serve justice to her.<br /> 6. At this juncture, we cannot withhold from discussing the need of opposite party to take extra care when people travel in large numbers during haj season. Haj Pilgrims are mostly who make their maiden flight and may not be able to manage things all by themselves. While making arrangements to help pilgrims care has to be taken to prevent hardships and exploitation.<br /> 7. In the result complaint allowed and opposite party is directed to pay a sum of 400 USD or equivalent Indian rupees to complainant along with compensation of Rs.6000/- (Rupees Six thousand only) and Rs.1500/- (Rupees one thousand five hundred only) being the cost of this proceedings within three weeks from the date of receipt of copy of this order.<br /> <br /> Dated this 1st day of March, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A9<br /> Ext.A1 : Baggage Identification Tagge issued by opposite party<br /> to the complainant.<br /> Ext.A2 : Photo copy of the complaint dated, 26-3-04 by complainant <br /> before the Executive Officer, Haj Committee.<br /> Ext.A3 : Letter dated, 19-02-04 sent by Kerala State Haj Committee <br /> to the opposite party.<br /> Ext.A4 : Photo copy of the reply letter dated, 25-02-04 sent by opposite <br /> party to Kerala State Haj Committee.<br /> Ext.A5 : Photo copy of the complaint dated, 23-2-2004 sent by complainant<br /> to the opposite party.<br /> Ext.A6 : Photo copy of the list of articles contained in the baggage. <br /> Ext.A7 : Bills issued from the shops in abroad for purchase of articles. <br /> Ext.A8 : Photo copy of the Pilgrim pass issued to the complainant <br /> by Haj Committee.<br /> Ext.A9 : Photo copy of the passport to complainant.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />