Delhi

New Delhi

CC/939/2013

Pavan Bajaj & Anr. - Complainant(s)

Versus

M/S. Jet Airways India Ltd. - Opp.Party(s)

-

17 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./939/2013                                                  Dated:

         In the matter of:

Pavan Bajaj

S/o Mr. Sudershan Kumar Bajaj

R/o R-666, Model Town,

Panipat. Pincode : 132103, Haryana                                                                                                                                                                                                                                                                                 …….......Complainant

 

        Versus

      Jet Airways ( India) Ltd.

                  G 11/12, Outer Circle ,

      G- Block, Connaught Place, New Delhi                                                                                                                                                                                                                                                           …….Opposite Party

 

     H.M. VYAS – MEMBER

                                                            ORDER

     The gist of the complaint is that the complainant an artist travelled from New Delhi to Bombay via Chennai on 19/11/2011 on an economy class ticket by Jet Airways flight/OP. On arrival to Bombay the complainant noticed that his checked-in baggage was not there on the luggage conveyer belt. The complainant informed the OP’s staff at Bombay Airport who advised him to wait. The complainant waited till conveyor belt came to a halt. The complainant requested the OP to atleast provide interim compensation/ relief so that he could purchase basic stuff of daily usage such as toiletries, shoes and basic clothes etc but the same was denied. OP gave false assurance. The complainant made a slew of phone calls  and emails but with no outcome. The OP should have reviewed the cctv footage  and point to check that if some other person had taken away his baggage from the conveyer belt.

     The OP offered Rs. 450/- per kg for the lost baggage as compensation which was not acceptable to the complainant. The complainant has prayed  for a sum of Rs. 4,32,972/- inclusive  all cost of tickets, taxes, cost of extend ticket, reconstruction of professional recordings and loss of professional work in the form of CDs, loss of opportunity , mental agony , loss of professional equipments and the cost of suitcase without cost of suit & misc expenses.

     The OP contested the complaint by filing written statement / version after notice. The main objection raised by the OP is that the complaint is barred by limitation. However, admitted that the baggage of the complainant was declared lost and compensation as per weight calculated @450 INR/ kg of the lost baggage in accordance with Rule 22 (2) of the Carriage by Air Act, 1972 with notification dated 30/03/1973. All other allegations made by the complainant have been denied. Prayer to dismiss the complaint has been made.

Both the parties have filed their respective evidence and also filed written arguments .

We have considered  the material placed before us  and the rival contentions of the parties on record. The arguments of the OP that the complaint is barred by limitation is rejected as the complaint was filed on 23/10/2013 and the date of journey of the complaint i.e. 19/11/2011. In other words, the complaint was filed within the limitation period of 2 years.

     The admitted position is that the complainant checked  in baggage which was ultimately lost at the hands of OP. The complainant has not filed  any document or substantiated that the checked-in baggage contained some precious items nor the same was declared at the time of check-in baggage. The OP offered a sum of Rs. 7,200/-on weight based claim as per the policy. The complainants asked for the huge amount of compensation on various accords is highly exaggerated  and only the bald averments have been made therein which cannot be acceptable. In our considered view the statutory provisions of carrier by Air Act have to be taken into consideration and no directions contrary thereto can be issued. We, therefore, hold the OP to be deficient in service as the bag has been lost at their hands and direct as under:-

1. OP to pay Rs. 7,200/- @450/kg as per the provisions of Carriage by Air Act, 1972 alongwith 9% Simple Interest from the date of filing of complaint i.e 23/10/2013 till the date of realization.
2. Litigation cost of Rs. 5,000/- including compensation for mental agony and physical harassment.

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:17/12/2019.

     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