BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.363 of 2015

Date of Instt. 25.08.2015

Date of Decision : 15.07.2016

Baljeet Kaur aged about 56 years wife of Bhupinder Singh R/o VPO Mlanwal Arriyan, Tehsil Shahkot, District Jalandhar.

..........Complainant

Versus

1.M/s Khanna Enterprises, Bijia Towers, Civil Lines, Jalandhar through its Manager/Incharge etc.

2.Air India, its corporate office at Safdarganj Aurobindo Marg, Safdarganj Enclave, near Gemini Hotel, Delhi-110029 through its MD/Director/Manager/Incharge etc.

3.Air India, its Baggage office, Room No.2948, Terminal 4, London Ethro Airport, Middlesex, TW6 3XZ, through its Manager/Incharge etc.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.APS Pathania Adv., counsel for the complainant.

Sh.Karan Seth Adv., counsel for the OP No.2.

Opposite party No.1 exparte.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties (hereinafter called as OPs) on the averments that complainant got booked her ticket for going abroad i.e. from Amritsar Raja Sansi Airport to Hithro Terminal, London Airport on 2.6.2015. Complainant was carrying two baggage's of 23/24 kg each. Complainant got its tickets booked through OP No.1 at Jalandhar. Complainant submitted that she had gone to meet her daughter. Complainant was carrying the baggage containing 11 ladies suits, one saree, 10 shirts, two trousers as gifts to be given to her married daughter and her family members in U.K. The said suits, sarees, shirts, etc were purchased by the complainant in the last week of May, 2015. On reaching at Hithro Airport, the complainant was told by OPs No.2 & 3 that her one baggage has been lost and is not traceable. Complainant resultantly suffered mental tension, harassment as well as financial loss as the amount of aforesaid articles being carried in the said baggage was of the value not less than Rs.1.50 Lakhs. Complainant sent emails to the OPs alongwith four receipts regarding the purchase of the articles being carried in the said lost baggage but OP did not pay the amount of the baggage. On such averments, the complainant has prayed for directing the OPs to pay the claim of the said loss of baggage of Rs.1,50,000/- alongwith interest. She has also claimed compensation and litigation expenses.

2. Upon notice, OP No.2 appeared through counsel and filed written reply pleading that complainant neither declared the contents nor the value of the alleged luggage in the lost baggage in advance to Air India. According to the procedure the carrier has to research for the baggage with all efforts to trace the baggage. The search of the baggage is still under process. In case, the same is not found then the compensation has to be paid to the complainant as per IATA Regulations and other law relating to lost baggage based on weight of the baggage. Under the Warsaw convention and as per the law for luggage liability limitations, the liability for checked missing luggage is limited upto US $ 20 per kg. OP No.2 Air India London are making their best effort for searching the baggage and in case the same was not found, the amount shall be paid to the complainant as per law i.e. @ US $ 20 per kg to the complainant. OP No.2 submitted that as per the pleading of the complainant i.e. complaint para No.3, the lost baggage was containing 11 ladies suits, one saree, 10 shirts, two trousers total 24 items only, whereas the complainant has produced on record the bills for about 80 items which she has allegedly purchased. Moreover, all these items allegedly purchased through these bills, were not in the lost baggage. The complainant is entitled to only an amount of lost baggage @ US $ 20 per kg. OP No.2 is still searching the baggage so that the same could be handed over to the complainant.

3. Notice of this complaint was given to the OP No.1 but nobody has turned-up despite service and as such it was proceeded against exparte.

4. In support of her complaint, learned counsel for the complainant has tendered into evidence affidavits Ex.CA and Ex.CB alongwith copies of documents Ex.C1 to Ex.C24 and closed her evidence.

5. On the other hand, learned counsel for opposite party No.2 has tendered affidavit Ex.OP2/A and closed evidence.

6. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.

7. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant got booked her ticket Ex.C5 for going abroad i.e. from Amritsar Raja Sansi Airport to Hithro Terminal, London Airport on 2.6.2015. Complainant was carrying two baggage's of 23/24 kg each as per receipt Ex.C6. Complainant got its tickets booked through OP No.1 at Jalandhar. Complainant submitted that she had gone to meet her daughter. Complainant was carrying the baggage containing 11 ladies suits, one saree, 10 shirts, two trousers as gifts to be given to her married daughter and her family members in U.K. The said suits, sarees, shirts, etc were purchased by the complainant in the last week of May, 2015. Receipts regarding the same are Ex.C15 to Ex.C24. On reaching at Hithro Airport, the complainant was told by OPs No.2 & 3 that her one baggage has been lost and is not traceable as per Property Irregularity Report Ex.C9 and Information Ex.C10. Complainant resultantly suffered mental tension, harassment as well as financial loss as the amount of aforesaid articles being carried in the said baggage, was of the value not less Rs.1.50 Lakhs. Complainant sent email Ex.C11 to the OP alongwith four receipts regarding the purchase of the articles, being carried in the said lost baggage, in response to the letter Ex.C13 received from the OP Air India. But even then the OP did not pay the amount of the baggage to the complainant. Learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.

8. Whereas the case of the OP No.2 is that complainant neither declared the contents nor the value of the alleged luggage in the lost baggage in advance to Air India. According to the procedure the carrier has to research for the baggage with all efforts to trace the baggage. The search of the baggage is still under process. In case, the same is not found then the compensation has to be paid to the complainant as per IATA Regulations and other law relating to loss of baggage based on weight loss of the baggage. Under the Warsaw convention and as per the law for luggage liability limitations, the liability for checked missing luggage is limited upto US $ 20 per kg. OP No.2 Air India London are making their best effort for searching the baggage and in case the same was not found, the amount shall be paid to the complainant as per law i.e. @ US $ 20 per kg to the complainant. Learned counsel for OP No.2 submitted that as per the pleading of the complainant i.e. complaint para No.3, the lost baggage was containing 11 ladies suits, one saree, 10 shirts, two trousers total 24 items only, whereas the complainant has produced on record the bills Ex.C15 to Ex.C24 for about 80 items which she has allegedly purchased. All these bills were not signed by any person. Moreover, all these items allegedly purchased through these bills, were not in the lost baggage. These bills are not signed by any person. As such, same could not be relied upon nor the complainant has filed any affidavit of the proprietor of aforesaid firm/shOPs to prove that these bills were issued by them. So, these bills could not be relied upon. The complainant is entitled to only an amount of lost baggage @ US $ 20 per kg. OP No.2 is still searching the baggage so that the same could be handed to the complainant. Learned counsel for the OP No.2 submitted that there is no deficiency in service on the part of the OP No.2 qua the complainant.

9. From the entire above discussion, we have come to the conclusion that complainant got booked two air tickets of OPs No.2 & 3 i.e. Air India through OP No.1 at Jalandhar for journey on 2.6.2015 from Delhi to London. Complainant carried two baggage's with her containing 23/24 kg weight. It is admitted case of both the parties that complainant did not declare the contents and the value of the articles being taken by complainant in the aforesaid lost baggage. On reaching at Hithro Airport, the complainant was told by OPs No.2 & 3 that her one baggage has been lost and the same is not traceable, as per Property Irregularity Report Ex.C9 and Information regarding loss of baggage Ex.C10. The OP Air India demanded certain information from the complainant vide receipt Ex.c13 and the complainant wrote letter dated 28.7.2013 Ex.C11 to the OP alongwith four bills Ex.C12 regarding purchase of the articles being carried in the lost baggage. So, it stands fully proved on record that one baggage of the complainant was lost in journey when the same was in the custody of OP Air India and the OP Air India could not trace out the same and failed to hand over the same to the complainant. As per complainant version, para No.3 of the complaint, the said baggage was containing 11 ladies suits, one saree, 10 shirts, two trousers but the complainant did not mention the value of these goods in the complaint nor declared the same to the OP at the time of travelling on flight of OP Air India. So, the lost baggage of the complainant was containing 11 ladies suits, one saree, 10 shirts, two trousers i.e. 24 items only but the complainant has produced bills regarding purchase of the articles through bills Ex.C15 to Ex.C24 relating to purchase of about 80 items. All these bills were not singed by any person from whom the complainant has allegedly purchased these articles. Nor the complainant has filed affidavit of any of the proprietor/partner of the aforesaid firms/shOPs from which she has purchased the aforesaid articles to prove the genuineness of these bills. So, these bills can not be relied upon nor the complainant has mentioned the value of the goods lost, item-wise in the complaint. As such, the complainant is entitled to reimbursement of amount as per Carriage by Air Act, 1972 @ US $ 20 per kg of weight of the lost baggage. The baggage was weighing 24 kg as the complainant has mentioned that she was carrying two baggage's each weighing 23/24 kg. So, complainant is held entitled to US $ 480 or its equivalent in Indian Currency, INR. The baggage of the complainant was lost on 2.6.2015 but the OP Air India neither could trace out the baggage of the complainant nor paid the amount of the baggage to the complainant and the complainant was forced to file the present complaint. So, complainant is also held entitled to compensation for harassment and mental agony suffered by her.

10. Resultantly, the present complaint is partly allowed and OPs are directed to pay US $ 480 or it equivalent Indian Currency, INR, to the complainant within one month from the date of receipt of copy of this order. OPs No.2 & 3 are also directed to pay the compensation to the tune of Rs.10,000/- and litigation expenses to the tune of Rs.2000/- to the complainant. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

15.07.2016 Member President