Delhi

New Delhi

CC/26/2013

Rekha Chauhan - Complainant(s)

Versus

M/S. Customer Relation Supervisor ,Air France - Opp.Party(s)

03 Dec 2019

ORDER

 

 

 

                              CONSUMER DISPUTES REDRESSAL FORUM-VI

                           (DISTT. NEW DELHI),

                           ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                            NEW DELHI-110001

 

 

 Case No.C.C./26/2013                                                Dated:

               In the matter of:

                Rekha Chauhan

               Aged about : 37 years

               D/o Shg. J R Singh Chauhan

               R/o House No.  S-28 / 51 – B, Taktakpur, Varanasi

                                                                                                                          …… Complainant

          Versus  

1.       Customer Relation Supervisor, Air France ,

Regional Office, Prakash Deep Building,

7 Tolstoy Road, New Delhi – 110001

 

2.       Customer Relation Supervisor, Air France, 

                8^th Floor, Tower-C, Bldgno.8 DLF cyber City,

Phase -2, Gurgaon – 122002

3.        Director, Optional  Tours and Travels Pvt Ltd .

Plot No. 107 , G- Block, Adarsh Enclave ,

Arya Nagar, Phase- 6, New Delhi - 110047

                                                                                                         …….Opposite Parties

 

 

 

 

 

H.M.VYAS – MEMBER

 

                                                                ORDER

 

The complainant has filed the complaint under Section 12 (1) of the Consumer Protection Act, 1976 stating that she boarded the OP’s flight on 08/09/2011 from New Delhi to Montreal, Canada via Paris. On reaching the destination she found that her checked in luggage was missing. It is alleged that the checked in luggage  contained valuable original documents, sarees, clothes and invaluable ornaments  gifted by her grandmother of which the current value was Rs. 12 lacs. The complainant sent legal notice  dated 24/11/2011 which was though replied  but belatedly. Alleging negligence,  non-cooperative, callous  and apathetic conduct on the part of OP. The complaint has been filed with prayer to award  Rs.14,05,000/- in favour of the complainant against the OP for loss of luggage, mental agony and physical pain.

The OP filed written version after notice. It is stated that the rights and liabilities of passengers  and air carriers in India that governed by the carriage of Air Act, 1972 and the schedules thereto.  Rule 3 provides that the passenger’s ticket  shall constitute prima facie evidence of the conclusion and conditions of the contract of carriage . The limitation of the liability  of the airlines is also specified on the ticket jacket as well as etickets. The carriage by air is subject to general Conditions of Carriage ( in short “GCOC”). As a gesture of goodwill, the OP offered an ex gratia  amount totaling to Rs. 43,560/-(98.05 CAD) equivalent to INR 4815 allegedly spent by the complainant at Montreal  and ex gratia amount of 600 Euros equivalent to 38, 745/- INR) in full and final settlement of the complainant’s claim. The complainant declined and opted to file the present complaint. The compensation claimed  has been denied. Further, it is stated that the complainant at the time of checking in the baggage did not declare any valuables in the baggage and as such no liability as claimed  by the complainant is tenable. Prayer to dismiss the complaint has been made.

Both the parties have filed their evidence by way of affidavit and also addressed oral arguments.

We have considered the material  placed before us  and the submissions of the parties with relevant provisions of law.

The journey by the complainant and loss of baggage is admitted position. The undisputed facts are that  the complainant  did not declare any valuables in the baggage at the time of check-in . The liability under the carriage of Air Act, 1972 is limited. In our considered view  no directions contrary to the provisions of the carriage by Air Act its rule and regulations to the OP in absence of any substantiating evidence for the claimed compensation can be issued . Our view is also fortified  by the judgment of the Hon’ble National Commission dated 22/04/2016 reported as SCC online NCDRC 1648 titled as Rajeev Malik  v/s KLM  Royal Dutch Airline. However, in view of the facts that baggage of the complainant  had been lost for which there is no explanations. Therefore, we hold the OP to be deficient in service and direct to pay the offered amount as under:-

1. To pay an amount of Rs. 43,560/-  alongwith 9 % simple interest  from the date of filing of this complaint 07/01/2013 till realization.
2. Litigation cost of Rs. 10,000/-.

 

The Orders shall be complied within 30 days from the date of receipt of this order.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on:  03/12/2019.

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

                                                         (ARUN KUMAR ARYA)

                                                                           PRESIDENT

 

              (NIPUR CHANDNA)                                                                         (HM VYAS)

             MEMBER                                                                                       MEMBER