Delhi

New Delhi

TC/1158/2007

Padmavathy Srinivasan & Anr. - Complainant(s)

Versus

M/S. Lufthansa German Airlines - Opp.Party(s)

18 Feb 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/156/06                       Dated:

Case No.TC/1158/07

In the matter of:

SH. PADMAVATHY SRINIVASAN & ANR

560 MANDAKINI ENCLAVE,

NEW DELHI

 

 

 

                   ……..COMPLAINANT

 

VERSUS

 

M/S LUFTHANSA GERMAN AIRLINES

56 JANPATH,

NEW DELHI

 

 

………. OPPOSITE PARTY

 

 

 

ORDER

 

Member :  Ritu Garodia

 

The short facts of complaint pertains to loss of baggage during travel.  The complainants were traveling from San Francisco to New Delhi via Frankfurt on 29.6.05 by OP airlines.  However, on their arrival to New Delhi, complainants found 2 pieces of baggage missing.  The complainant filed PIR i.e. property irregularity report immediately along with an application for non-availability of vegetarian meals.  Reminder letters were sent to OP on 04.7.05 and 07.7.05 along with the list of contents of missing baggage.  A legal notice dated 02.7.05 was sent to OP as no action was being taken in this regard followed by another legal notice dated 31.10.05.  Reply dated 26.12.05 by OP was received wherein it was admitted that 2 cheques dated 02.8.05 for Rs.31,845/- has been sent o complainant as per terms and conditions of Carriage Act.

OP in its reply has reiterated its offer of Rs.31,845/- as per terms and conditions of Carriage Act.  OP has further stated that there is no deficiency on their part as they have no control over such freak incidents.

There are 2 questions for considerations:-

1. Applicability of condition of carriage.
2. Whether OP was deficient in loss of baggage.

Justice J.D. Kapoor in “Subodh C. Gupta Vs Scandinavian Airlines Systems:-

“Liability under Carriage by Air Act is limited liability informally applicable as per weight of the baggage irrespective of valuables whereas the liability arising out of deficiency in service viz. non-delivery, mis-delivery or pilfered delivery is in addition to the aforesaid limited remedy and this view of ours has been confirmed by the Hon’ble Supreme Court and in several cases consumers have been awarded compensation upto Rupees one lac though in actuality under the Carriage by Air Act they were only entitled to a few thousands of rupees.  This compensation is awarded over and above the limited liability.  Deficiency in service, in terms of Section 2(1)(d) means any faulty, imperfection shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.”

Coming to the next issue of deficiency, OP has admitted loss of baggage while denying any negligence on their part.  Nonetheless, records mention that offer under carriages Act was made only after receiving legal notice.  There has been no reply or action taken to redress the query of hapless traveler before the legal notice as per the letters/correspondence annexed with the complaint and WS.

OP showing its patronizing, and superstitious attitude offered to pay a token compensation while absolving itself of all its liabilities towards loss as well as non-redressal of queries.  Further, OP has not adduced any evidence on record as to the efforts made to trace the lost baggage

The conduct of OP squarely falls within the deficiency in service, we direct a lump sum compensation of Rs.50,000/- as compensation for mental agony and physical inconvenience.  We also award Rs.11,000/- towards litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

Copy of the order be sent to the parties free

of cost.

Pronounced in open Court on 18.02.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)               (RITU GARODIA)

MEMBER                                 MEMBER