Delhi

New Delhi

CC/314/2012

L.M. Khosla - Complainant(s)

Versus

M/S. Biman Bangladesh Airlines Ltd. - Opp.Party(s)

30 Jan 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/314/12                                                                                                                                                                               Dated:

In the matter of:

Sh. L.M Khosla,

S/o Late Sh. B.L Khosla,

R/o 3^rd Fl, 4, North Avenue Road,

Punjabi Bagh West, New Delhi-110026

……..COMPLAINANT

       

VERSUS

1. M/s. Biman Bangladesh Airlines Ltd.,
2. Sh. Atique Rahman Chisty,

        Regional Manager, Delhi, India,

Both at:

Biman Bangladesh Airlines ltd.,

370, 320-321, Indra Prakash Building,

Barakhamba Road, C.P, New Delhi-110001

                         ………. OPPOSITE PARTIES

 

ORDER

President:  C.K Chaturvedi

The case of the complainant alleging deficiency on the part of OP airlines is that he flew from Dhaka to Kolkata on OP’s flight BG 0091 on 11 Jab 2011 with two pieces of luggage weights about 41 Kg. On arrival at airport, he find that his samsonite suitcase newly purchased for USD 385 was totally broken and the chain was found open and contents were falling out. HE brought it to notice of Station Manager Mr. Alamgir Hussain and baggage irregularly report was lodged. He has an urgent meeting in Hotel Taj (West Bengal) and when he emptied his bag on reaching hospital, he found that his suit (Guy Larche) brought from Dubai was missing, which has costed him USD 720. He had to buy a fresh new Samsonite bag for Rs.17,860/-. He demanded Rs.52,860/- (cost of suitcase Rs.17,860/- and Rs.35,000/- for the suit lost). The OP apologized to him, but did not settle the matter to the satisfaction of complainant, leading to this complaint of deficiency in service. Notice of this complaint was issued to OP, which chose to absent despite service and was proceeded exparte.

We have considered the expart evidence and the material on record and heard the submissions. The complainant has produced on record the report of damaged suitcase at Airport at Kolkata and produced evidence of purchase of suitcase. He has also deposited about loss of a suit purchased by him in Dubai. In the absence of any rebuttal, we see no reason to disbelieve the complainant, who faced hardship due to misplacing of luggage in the custody of OP airways in transit. We hold OP guilty of deficiency in service and award a compensation of Rs.50,000/- to complainant for the damaged suit and other loss. OP will also pay interest @ 9% on this amount from date of travel till payment. We also award Rs.25,000/- towards harassment and litigation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

Pronounced in open Court on 30.01.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)         (RITU GARODIA)

MEMBER                          MEMBER