Chandigarh

DF-II

CC/99/2020

Anil Kumar Bhai - Complainant(s)

Versus

M/s Air India - Opp.Party(s)

Adv. Vikas Kochhar

09 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	99 of 2020
Date  of  Institution	:	06.02.2020
Date   of   Decision	:	09.05.2023

 

 

 

 

 

1]  Anil Kumar Bhai s/o Sh.B.D.Bai, r/o House No.88, Sector 9, Panchkula.

2]  Gulshan Kumar s/o Sh.Manzoor Masih, R/o H.No.88, Sector 9, Panchkula.

            …..Complainants

 

Versus

1]  M/s Air India, having their main office at Mezzanine Level, Shivaji Stadium Metro Station, Baba Kharak Singh Rd, Hanuman Road Area, Connaught Place, New Delhi, Delhi 110001

Local Office:- SCO No.162-164, Sub City Centre, Sector 34-A, Chandigarh 160022

2]  Mr.Ashwani Lohani, Chairman & Managing Director, Air India Limited, 2^nd Floor, Airlines House, 113, Rakbganj Gurudwara Road, New Delhi 110 001

3]  Mr.Vinod Hejmadi, Director – Finance, Air India Limited, 1^st Floor, Airlines House, 113, Rakbganj Gurudwara Road, New Delhi 110 001

4]  Sh.Arun Kumar, Addl. Secretary & Financial Advisor, Ministry of Civil Aviation, Rajiv Gandhi Bhawan, Safdarjung Airport, Aurobindo Marg, New Delhi 110003

5]  Mr.Tejbir Singh/Seema, 209 Eldon Street Suite 206, Herdon VA 20170

6]  The Venus Holiday Mart, SCO No.90-91-92, Level-II, Sector 8-C, Chandigarh. 

   ….. Opposite Parties

 

 

BEFORE: MR.AMRINDER SINGH SIDHU,    PRESIDENT

                MR.B.M.SHARMA               MEMBER

 

Argued by:-  Complainant in person.

Sh.M.S.Chauhan, Counsel of Ops NO.1 to 3

Defence of OP NO.4 struck off

OPs NO.5 & 6 exparte.

 

PER  B. M. SHARMA, MEMBER

 

         The case of the complainants precisely is that they travelled to the United State of America on 12.6.2019 and returned to India on 3.7.2019 through OP Airlines after getting air-tickets booking through OP No.5. It is stated that two checked-in baggages that were loaded from Delhi Airport vide Check-in baggage No.0098846274 & 0098846275 did not reach Washington DC Airport while complainants arrived there and it was told by the staff at airport that the cargo has been de-boarded at Mumbai Airport due to technical reasons and the same will be delivered within 48 hours at the address mentioned on the form and that Air India will pay 75 dollars per day as compensation for delay of baggage. However the baggages were not delivered to the complainant by the OP Airlines even after two/three days in USA.  It is submitted the complainant kept on requesting the OPs to deliver their baggages and also sent reminders from time to time but the OPs failed to deliver the baggages to the complainant during their entire stay in USA i.e. from 12.6.2019 till 3.7.2019 when the complainant flew back to India.  It is submitted that even after reaching India, the OPs failed to trace & deliver the baggages of the complainants and after much persuasion and regular communication with the OPs, the baggage of complainant No.2 was delivered much later after his return to India, whereas the baggage of complainant No.1 was not delivered till filing of the complaint.  It is stated that due to non-delivery of the baggages by the OPs, the complainants had to spend amount on the purchase of necessary items for daily usage during their stay in USA.  It is also stated that the though the staff of OP Airlines agreed to compensate the complainants for paying 75 dollars per day as compensation for delay of the baggages, but nothing was paid by them. It is submitted that due to said deficient act of the OP Airlines, the complainants had to suffer a lot while staying abroad.  A legal notice was also sent to the OPs on 26.10.2019 followed by reminder dated 15.12.2019 but to no avail.  Hence, this complaint has been preferred alleging deficiency in service on the part of OPs.

        The OPs No.1 to 3 have filed joint written version and while admitting the factual matrix of the case, stated that the complainant only informed of ayurvedic medicines and personal belongings like cloths in baggages.  It is stated that as per US Immigratin law, no currency is allowed in baggages and only in handbags which also needs to be disclosed at the time of immigrations.  It is submitted that soon the complainants were back in India, one of the baggages was delivered to the complainants at their address, which has also been admitted by the complainants. It is submitted that reimbursement was offered to the complainants as one of the baggage out of two was already delivered to the complainants on 4^th July, whereas for the second baggage, compensation amount was to be decided by Air India Lost as per Delayed Luggage Guidelines and cannot be done arbitrarily. However, later on the second baggage was also delivered to the complainant; as such, both the baggages have been delivered to the complainants.  It is further submitted that both the baggages have been delivered to the complainants and an amount of Rs.50,000/- has also been transferred to the complainant account for the inconvenience caused to the complainants.  It is pleaded that the amount was mutually decided by the complainant through telephonic conversation and accordingly, as per mutual agreement, an amount of Rs.50,000/- was transferred to the accounts given by the complainant. It is also pleaded that since both the baggages have been delivered along with compensation of Rs.50,000/- on 31.10.2019, which was mutually decided by the complainants and Air India Authorities, now nothing is payable. Denying all other allegations and pleading no deficiency in service, the OP has prayed for dismissal of the complaint.

        The OPs No.5 & 6 did not turn up despite service of notices, hence they were proceeded exparte vide order dated 23.9.2021.

 

3]      Parties led evidence in support of their contentions.

 

4]      We have heard the ld.Counsel for the contesting parties and have gone through the documents on record.

 

5]      Perusal of the file reveals that the complainant travelled to USA through OP Airlines on 12.6.2019 and returned to India on 3.7.2019.  Admittedly, the baggages of the complainants remained untraceable & undelivered during their stay in USA and the same were ultimately delivered to the complainants in India much after completion of their USA trip. This fact itself establishes the deficiency in service on the part of OP No.1 Airlines.

 

6]      The return of baggages to the complainants as well as payment of Rs.50,000/- as compensation by OP Airlines for said lapse is admitted.  However, the complainants are not satisfied with compensation amount so paid by OP Airlines.

 

7]      In our opinion the missing baggages created a situation where the complainants were forced to buy their formal & informal clothes, shoes, sleepers and other necessary items for daily use in a foreign country (USA) where prices believably are much higher  compared  to India.  It is obvious that due to non-delivery of baggages to the complainants throughout their USA trip had certainly caused immense mental agony, harassment as well as financial burden.  Therefore, the compensation amount of Rs.50,000/- already provided to the complainants, is not sufficient and needs to be enhanced.     

 

8]      Taking into consideration the above discussion & findings, we are of the opinion that the deficiency in service has been proved on the part of the OP No.1. Therefore, the complaint stands allowed against the Opposite Party No.1 with direction to the Opposite Party No.1 to pay an amount of Rs.60,000/- to the complainant towards compensation for the harassment, agony, loss suffered by them due to its deficient act along with litigation cost of Rs.15,000/-.

        This order shall be complied with by the Opposite Party No.1 within a period of 45 days from the date of receipt of its certified copy, failing which it shall be liable to pay additional compensatory cost of Rs.10,000/- apart from above relief.

 

9]      The complaint qua OPs No.2 to 6 stands dismissed.     

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

9^th May, 2023                

                                                                                        Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M.SHARMA)

MEMBER