Delhi

New Delhi

CC/392/2011

Prosanta Kumar Ray - Complainant(s)

Versus

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

26 Feb 2020

ORDER

 

   CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 392 /2011                                                                  Dated:

In the matter of:

Sh. Prosanta Kumar Ray,

S/o Late Mohan Lal Ray,

B-49, DDA Flats,

Sheikh Sarai, Phase-I

New Delhi.                                                                            ……..COMPLAINANT

VERSUS

Ethiopion Airlines

56, Janpath, Alps, Building, Ist Floor,

New Delhi- 110001 (India)

Through Its Director/Managing Director/Authorized Representatives

Also at:-

Ethiopian Airlines

P.O. Box 50800 CP18524

Dakar, Senegal

Through its Director/Manging Director/

Authorized Representatives

                                                                                  …………OPPOSITE PARTY

H.M. VYAS-MEMBER 

 ORDER

The gist of the complaint is that the complainant travelled on 14/012/2009 from Delhi to Addis Ababa by flight no. ET 605 and then to Dakar by connecting Flight no. ET-909. He checked in at Indra Gandhi International, Airport on 14/12/2009 with two baggages. On reaching destination on 15/12/2009 at Dakara, he was sharked to note that this baggages were not there at conveyor belt. The complainant lodged complaint/Property irregularity Report at Dakar Airport but  of no use. On inquiry from the officials of OP Airlines it was informed that his baggaghe could not be loaded in the flight at Addis Ababa to Dakar and would arrive the next  day i.e. on 16/12/2009. The complainant pursued the matter and finally he received the baggage on 19/12/2009 i.e. after 4 days of arrival at Dakar. It is stated that he was diabetic and the medicines were in the baggage and das such had to suffer physically and mentally for deficiency in service of the OP-2. It is also alleged that he had to stay there for 4 days without changing the clothes, in these circumstances he had to reschedule his stay and booked return ticket for 24/12/2009 to return to Delhi via Addis Ababa. On return he received his baggage at Delhi. Alleging deficiency in service prayer to direct OP to pay Rs. 02,00,000/- for pain agony & harassment, cost of complaint Rs. 25,000/- has been made.

After notice OP filed version/written statement denying all allegations. It is however, stated that there was a delay in delivery of baggage to the complainant. It is also stated that the complainant has not placed any documents showing that the cost of ticket was borne by him. It is stated that delay in arrival of baggage at Dakar was beyond the control of the OP. It is admitted in the reason that the baggage was delivered on 19/12/2009. The objections regarding territorial jurisdiction also raised in the pretext that cause of action arose abroad and that this Forum does not have jurisdiction.

Both the parties filed their respective evidence by way of affidavit. Oral arguments were also addressed.

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

In brief the admitted position is that the complainant travelled from Delhi to Dakar and his baggage was delivered on 19/12/2009 though he reached over these on 15/12/2009. Thus there was delay of more than three days in delivery of the baggage by the OP.

In absence of the clothes and medicines which were lying in the baggage the complainant suffered during these 3 days in our considered view. We, therefore, hold the OP to be deficient in service and direct as under :-

1. OP to pay Rs. 10,000/- as compensation for physical & mental harassment.
2. OP to pay Rs. 5,000/- as cost of litigation.

The orders be complied within 30 days of the receipt of this order, failing which simple interest @ 9% p.a. shall be paid by the OP form the date of filing of the complaint till realization.

The order shall be complied within 30 days of the receipt of the copy of this order.

A copy of this order be sent to each of the both parties free of cost by post as statutorily required.  

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on 26/02/2020.

 

 

 

      (ARUN KUMAR ARYA)

      PRESIDENT

(NIPUR CHANDNA)                                                                                      (H M VYAS)

            MEMBER                                                                                       MEMBER