Delhi

New Delhi

CC/544/2013

Aditya Narayan - Complainant(s)

Versus

M/S. Ethiopian Airlines - Opp.Party(s)

06 Jan 2020

ORDER

 

 

                        CONSUMER DISPUTES REDRESSAL FORUM-VI

                         (DISTT. NEW DELHI),

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

                                                                      NEW DELHI-110001

 

 

Case No. CC/544/2013                                                 Dated:

              In the matter of:     

             Sh. Aditya Narayan

  R/o 22, DDA MIG Flats,

            Pocket -5, Sector-12, Dwarka ,

            New Delhi - 110078                                                                                                                                                                                                                                                                                                                   …… Complainant

 

        Versus

           

1.          The Officer-in-Charge

Ethiopian Airlines

56, janpath, Alps Buildings

Ist Floor, New Delhi – 110001

 

2.          The Officer-in-Charge

Ethiopian Airlines

Import –II, Cargo Terminal

Indira Gandhi International Airport

New Delhi - 110037

                                                                                                        …….Opposite Parties

 

 

H.M. VYAS -  MEMBER

 

                                                            ORDER

 

The complainant filed his complaint under section 12 of the Consumer Protection Act, 1986 stating that he was a consumer as per the definition provided under the Consumer Protection Act, was working as ASI/Pharmacist having FPU ID 007442 in the Central Reserve Police Force of India and was posted at FPU-2 Indian Contingent , UNMIL Police, Zwedru, Liberia during the year 2010-11.While on deputation in Liberia, he availed 21 days leave w.e.f. 23/12/2010 to 23/01/2011 he boarded anEthiopian Airline flight no. ET 605 and ET 921 from Delhi to Accra (Ghanna) enroute to Monrovia, Liberia on 23/01/2011. Thereafter, on reaching Accra the complainant found that his VIP suitcase 01 No. was misplaced which was checked in  under the tag no. XT 505918. He registered a complaint regarding the loss of baggage with ‘Lost and Found’ Department at Accra Airport and got the copy of complaint from Accra Airport Authorities..The complainant mentioned that his lost baggage contained some personal belongings like clothing items, cameras, mobile phones toiletries, dry eatable  items, books, diary, pen-drives, memory cards etc. On 24/01/2011 the complainant called the Lost and Found Department at Accra Airport and got to know about his baggage/ suitcase and requested to send it to RIA, Monorovia, Liberia as early as possible as he had reached there. The complainant kept on waiting for his suitcase which OP was under obligation to deliver him. The complainant sent various email to OP dated 02/02/2011,03/02/2011, 11/02/2011, 04/03/2011 and 16/06/2011 and some of the mails were responded by the OP and replied clearly that the lost baggage  was loaded by Asky Flight personally by his colleague and it was over carried from MLW by Asky. Thereafter, it was suspected by them with Rush tag no. ET505918 and the bag was carried to BJL.

The complainant found no alternative and was constrained to issue legal notice  dated 30/11/2012 to OP calling upon them to locate and return his bag. The notice was duly served on the OP and they replied  through their counsel dated 10/01/2013 to exercise some patience until the investigation is finalized by them. Alleging deficiency in the service on the part of OP, following prayer has been made:-

1. Locate and return the bag of the complainant along with the mentioned articles / items, which was loaded in the airplane of the OP or in alternate to pay 760.86 US $ being the cost of lost valuables.
2. Pay compensation to the tune of 1000 US $  for the inconvenience , mental  agony  and harassment  caused to the complainant due to irresponsible acts of the respondents.
3. Pay cost of 1000 US $ as cost of the proceedings/ litigation expenses.

The OP was noticed and filed written statement / version denying that the complainant had purchased the tickets of the OP for commercial purpose and as such the complainant was not a consumer as laid down in the Consumer Protection Act. It was stated by OP that there was no proof filed by the complainant that the cost of the tickets had been borne by him. It is alleged by the OP that this Hon’ble Forum does not have the territorial jurisdiction to try and adjudicate the instant complaint and is such liable to be dismissed.

 

The complainant filed the rejoinder to the said reply reiterating that he had not purchased the tickets from the OP for any commercial purpose, and purchased the tickets to join his duty in Liberia as as member of Indian Peace keeping Force under the U.N. Mission and travelled on the same. It was further submitted by OP that the tickets were purchased from the OP against payment and copy of bank passbook filed.

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

The objections raised by the OP namely purchase of ticket for commercial purpose; complainant is not a consumer; this Forum does not have the territorial jurisdiction and the complaint is barred by limitation are not tenable in view of filing facts. The complainant has placed on record the copy of passbook showing the payment of cost of the ticket. Refutes the objection that the complainant purchased  tickets for commercial purpose. The complainant is a consumer and availed the journey  after purchasing  the ticket against  payment and the baggage was lost at the hands of OP and therefore we hold the complainant is a consumer. The communications were exchanged between the complainants  and the OP wherein  the OP admitted  the loss of baggage  which was never delivered  to the complainant. All this facts have been filed by way of affidavit in the evidence by the OP having the address which falls  under the territorial jurisdiction of this Forum. As such the objection of territorial jurisdiction is rejected as also that the complaint is barred by limitation since the complaint was filed on 06/06/2013 and the emails started from 02/02/2011 till 16/06/2013. We hold the complaint was filed within the

limitation period. Now, coming to merits it is clear that the OP travelled  with a valid ticket  and checked-in baggage in the flight to Liberia. The baggage was lost during arguments the OP contended that the baggage was later located but there is no communication brought on record  communicating the same fact to the complainant  and / or consequential action of delivering the bag to the complainant.

In view of above we hold that the OP was deficient in service and direct as under:-

1. OP shall pay a lumpsum Rs. 40,000/- as compensation with 9 % simple interest w.e.f. date of filing of the complaint i.e. 06/06/2013 till realization including mental agony and harassment.
2. Litigation cost of Rs. 5,000/- .

 

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 :  06/01/2020.

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

 File be consigned to record room.

 

                                                                                          

 

                   (ARUN KUMAR ARYA)                                                          (H M VYAS)

                              PRESIDENT                                                                     MEMBER