Date of Filing:17.10.2008<br /> Date of Order:05.12.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 05TH DAY OF DECEMBER 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 2240 OF 2008<br /> <br /> <br /> Suresh Kumar Biyani<br /> I-3, Krishna Glade<br /> Palace - Guttahalli<br /> Main Road, Sheshadri Puram<br /> Bangalore 560 020 Complainant<br /> <br /> V/S<br /> M/s. Kingfisher Airlines Ltd.<br /> UB Tower, Level 12<br /> UB City, Vittal Mallya Road<br /> Bangalore 560 001 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant for seeking relief against the opposite party. <br /> The facts of the case are that the complainant traveled in opposite party airlines from Bangalore to Delhi. He took boarding pass and gave his small suitcase for luggage. He had kept Nokia mobile 6708 in the suitcase. He noticed that seal which was fixed at Bangalore airport to his suitcase was broken. Immediately he informed the matter to King Fisher representative at Delhi airport. He opened the suitcase in front of the representative and found that his mobile set was not in the suitcase. The opposite party representative issued him a property irregularity report for checked baggage and told that matter will be resolved at the earliest. The complainant has made several correspondences with the opposite party. On 17.06.2008 opposite party replied stating that they are unable to resolve the matter. Finally he requested opposite party through mail to resolve the matter before 30.06.2008 and informed opposite party that if not resolved legal proceedings will be started. Therefore, complainant has filed the complaint for settling the matter of lost mobile set during journey. <br /> 2. Notice was issued to opposite party through RPAD. Notice served. When the case was called for hearing the opposite party has not appeared before this forum and representative of the opposite party also not appeared. Opposite party has not sent defence version by post also. Therefore, opposite party placed as exparte.<br /> 3. The complainant has filed affidavit evidence narrating all the incidents and facts. <br /> 4. Heard the complainant in person. Perused the complaint and documents produced by the complainant.<br /> 5. The complainant has produced boarding pass and he has also produced property irregularity report. In this PIR it is mentioned Nokia Mobile missing. Complainant has produced receipt to show that he has purchased Nokia Mobile phone for Rs. 19,000/- on 02.07.2006. Opposite party has produced several correspondences made through e-mail with the opposite party. The opposite party acknowledged the receipt of the letter and expressed its regret for the inconvenience caused and it is submitted that matter is being looked into and requested complainant to give some time. This mail is dated 08.05.2008. By the several correspondences and by property irregularity report it is clear that the complainant has lost mobile set from his baggage. The opposite party had also sent e-mail apologizing for inconvenience caused to the complainant. The opposite party has also stated their inability to comply with the request of the complainant for compensation. The complainant had sent e-mail and reminder requesting opposite party to resolve the matter before 30th June otherwise he will start legal proceedings to recover his lost mobile or to claim the amount. The case made out by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter even though served with notice. There are no reasons to disbelieve the case of the complainant. Therefore, by accepting the case of the complainant the matter requires to be resolved by directing the opposite party to pay compensation to the complainant for the inconvenience, hardship and mental tension caused to the complainant on account of loss of mobile while traveling in the opposite party airlines. Consumer protection act is a social and benevolent legislation intended to protect better interests of the consumers. Appropriate response and follow-up is important solution. The opposite party should not be defensive, apologise for inconvenience. The customer should know when he can expect a solution and what would be its nature. The service provider should see that the customer should be given solution immediately. The opposite party should not allow the customer to feel that the company is being indifferent to its concerns. The expectations of the customers are most important. There are very few customers who complain. This is because people cannot afford to invest time in the process. Customer complaints are the genuine source of guidance for any service provider. The service provider should know about the flaws in the system, deteriorating service. The complaining customer is definitely unpleasant to deal with but he is actually the most important customer. The service provider should see that the grievances of the customers are attended promptly. In this case the complainant has made several correspondences through e-mail with the opposite party. But, ultimately the opposite party expressed its inability to pay compensation. This mind set on the part of opposite party is not correct. The opposite party would have resolved the matter amicably by settlement or negotiation with the complainant. But the opposite party having failed to settle the matter the complainant was forced to approach this fora for getting relief. The complainant has sought Rs. 19,000/- cost of the mobile from the opposite party. But this amount cannot be granted under the rules. However, for mental agony, inconvenience and hardship caused to the complainant on account of loss of his mobile a reasonable amount of compensation can be awarded to the complainant. I feel in this present case and on the facts and circumstances of the case an award of Rs. 5,000/- as compensation will meet the ends of justice. In the result I proceed to pass the following: <br /> ORDER<br /> <br /> 6. The Complaint is allowed. The opposite party is directed to pay compensation of Rs. 5,000/- to the complainant within 30 days from the date of communication of the order failing which the above award amount carries 10% interest p.a. from the date of this order till payment / realisation.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 05TH DAY OF DECEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />