Maharashtra

StateCommission

A/10/534

Vaibhav Vinod Garg, - Complainant(s)

Versus

M/s. British Airways, - Opp.Party(s)

Balan S. / MR. PAWAN KUMAR SAXENA

06 Jan 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/10/534
(Arisen out of Order Dated 29/03/2010 in Case No. 308/09 of District Mumbai(Suburban))
 
1. Vaibhav Vinod Garg,
R/o. 1101, Rameshwaram Building, Opp. VSNL Building, Prabhadevi, Mumbai
Mumbai
Maharastra
...........Appellant(s)
Versus
1. M/s. British Airways,
Terminal-II, Chhtrapati Shivaji International Airport, Sahar, Mumbai
Mumbai
Maharastra
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr.Justice S.B.Mhase PRESIDENT
 Hon'ble Mr. S.R. Khanzode Judicial Member
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:
Mr.S.Balan
......for the Appellant
 
Mr.M.Shirazi
......for the Respondent
ORDER

Per Mr.Justice S.B.Mhase, Hon’ble President

Heard both the sides.  This is an appeal filed by the original complainant.  Complaint no.308/2009, which was filed by the original complainant was dismissed by order dated 29/3/2010.  Complainant was traveling by the British Airways from London to India and his one bag was missing.  That was subsequently traced but it is his allegation that two watches, one laptop, one i-pod touch, one hand bag, four phial of colognes, one belt were missing from the said bag and, therefore, he made a claim and filed a complaint  claiming amount of `1,50,000/-.  Even though respondent/ original opponents were absent in the proceeding, forum below has rejected the complaint, because in spite of opportunity being given by District Consumer Disputes Redressal Forum  nothing has been produced on record to substantiate that bags contained the articles as stated in complaint.  Not only that, even if we look at the complaint, particulars of the items are not given, that means, make of the said item and brand of the said item are not disclosed.  It is not disclosed as to whether these articles were taken by complainant when he traveled from India to London or whether these articles were purchased by complainant at London for the first time.  If these articles were purchased at London then it was obligatory for him to declare them as import and pay tax and for that purpose receipts were necessary.  In case of such valuables insurance is also necessary. Therefore, declaration of items was very much necessary. These items were not declared while handing over the luggage to the respondent company.  District Consumer Disputes Redressal Forum has rightly dismissed the complaint.  We do not find any reason to interfere with the said order.  Hence the following order:-

                                      ORDER

Appeal stands rejected. 

Copies of the order be furnished to the parties.

Pronounced

Dated 06th January, 2011.

 

 

 
 
[Hon'ble Mr.Justice S.B.Mhase]
PRESIDENT
 
[Hon'ble Mr. S.R. Khanzode]
Judicial Member
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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