Delhi

New Delhi

CC/54/2015

Avtar Singh &Anr. - Complainant(s)

Versus

M/S. Kuwait Airways Corporation - Opp.Party(s)

24 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.C.C./54/2015                                                    Dated:

                  

                 In the matter of:     

1.         Mr. Avtar Singh

S/o Late S. Labh Singh

 

2.         Ms. Kaplin Kaur Kandhari

D/o Mr. Avtar Singh

 

3.         Master Prabhmann Singh

Through his mother & natural Guardian

Complainant no. 2

 

All R/o E-26/1 Rajouri Garden,

New Delhi-110027                                                                                             …… Complainants

       

Versus

M/s Kuwait Airways Corporation

401 Fourth Floor

Ashoka Estate,

24 Barakhamba Road

Connaught Place

New Delhi-110001                                                                                        …….Opposite Party

 

 

 

 

 

MEMBER – H.M. VYAS

ORDER

The present complaint has been filed by the complainant alleging that the in March,2014 three round air travel ticket were booked through Kuwait Airways to US and back to India. The tickets were booked through Arista Travels Pvt. Ltd. who  recommended travel through the OP who provide good services. The complainant on 31/05/2014 left Delhi for New York from IGI Airport and realised that the services provided by OP were not up to the mark. On return journey from USA to Delhi the complainant checked in six suit cases and boarded flight KU102 on 10/07/2014 there was change of flight at Kuwait international air port from KU102 to KU381 and reached Delhi on 12/07/2014 on scheduled time. The complainant collected their suit cases at the conveyor belt. The complainant no. 2 after having collected 6 suit cases and 3 hand bags loaded on the trolley, while caring the complainant no. 1 who  was on wheel chair and the complainant no. 3 a minor. After reaching home complainants slept for long hours and on getting up late in evening complainant were shocked to notice that the locks of the 5 of the bags were found broken and the lock of 6^th bag was intact. The complainant noticed that a number of perfume bottles and other things like mophie charger, wrist watch of the complainant no.3 (Swatch) and $ 500 besides other small articles were missing /stolen. The theft of the costly items was communicated by the complainant telephonically to one Sh. Mahim who asked her to put the in “Comments and Suggestions” on the website of the OP. Needful was done and then spoke with one Sh. Neeraj in the office of the OP. The complainant received the copy of mail forwarding the comments and suggestions” column relations of the OP and was asked to send. On asking, the scanned copy of the ticket/baggage claim tags through email dated 17/07/2012 at 12.40 pm. Response sent by complainant no. 2 on 17/07/2014 at 09.13pm After a series of communications exchanged nothing came out. The complainant has quantified claim of Rs. 01,23,777.60/- alleging the deficiency in service and also non settlement of the claim causing financial hard ship and mental harassment to the complainant. Prayer for award the claim of Rs. 01,23,777.60/- with 12%@ simple interest per annum, compensation of Rs. 1 lacs has been made.

 

OP has filed its written statement/version after notice and denied all allegation. It is stated in the version that the complainant had not been intimated anything about broken locks nor made complaint at the air port at the time of receiving the same. The communication after 20 years approx. does not justify the allegations. It is mentioned that the OP is not liable for any alleged loss and as such complaint deserves dismissal being without merit.

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

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

The facts as emerging are that the complainant after arrived at IGI Air Port had collected all the baggages and no complaint was made about any broken lock bag/or any missing object from the baggages. The complaint after 20 hours approx. was made and as such the truthfulness  there of cannot be ascertained without leading evidence and evaluation and examination of witness in this regard. The disputed  question of facts in the given circumstances exist therefore, the same cannot be decided in the summary proceedings by this Forum.

In the case titled Punjab Lloyd Ltd. Vs Corporate Risks India Pvt. Ltd. (2009) 2 SCC 301, it was held that the complicated question of law should be decided by the regular court. It further held that the decisive test in not the complicated nature of question of fact and law arising for decision. In another case titled LIC & Ors. Vs Surinder Kaur & Ors. Civil Appeal No.5334 or 2006 (Arising or of SLP (c) No.17866 of 2005) decided by Hon’ble Supreme Court of India on 01.12.2006, it has been held that complex question of facts cannot be decided by the consumer forum under the Consumer Protection Act and such arises can be subject matter of regular Civil Court.

 

In view of the above discussion, we are of the considered opinion that the present complaint involves complicated question of facts and require elaborate oral, documentary evidence, and the examination of the witnesses for proper disposal of the matter.  The proper forum for adjudication of the present complaint is Civil Court.  Consumer Protection Act being the special Act where only summary proceedings are taken up and as such the adjudication of the present complaint is beyond the scope and jurisdiction of this Hon’ble Forum.  We are, therefore, hold that the present complainant cannot be adjudicated by way of Summary Proceeding; hence the present complaint is dismissed with liberty to the complainant to approach the Civil Court as per law.

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

Announced in open Forum on  24/01/2020.

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

 

 

                                   (ARUN KUMAR ARYA)

                                       PRESIDENT

                 (NIPUR CHANDNA)                                                                                (H M VYAS)

         MEMBER                                                                                                 MEMBER