BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.
F.A.No.29/2014 against C.C.No.198/2012 District Forum, Ranga Reddy District.
Between:
- Mrs. Rama Kania W/o.Mr.Sohanlal Joshi
Aged about 50 years, Occupation:Household
R/o.14-3-98, Goshamahal, Hyderabad.
- Mr.Sohanlal Joshi S/o. late Pukharaj Joshi
Aged about 53 years, Occupation:Business
R/o.14-3-98, Goshamahal, Hyderabad.
- Mrs.Kamala Devi W/o.late Hariprasad
Upadhyaya, aged about 65 years,
Occupation: Household Hathikhana Gali,
Nethra Market, ,
R/o.15-8-512, Feelkhana
Complainants.
M/s Spicejet Airlines Limited, represented
By its Director, having its office at 319,
Udyog vihar, Phase IV Gurgaon,
Haryana. Respondent/
Opp.party.
Counsel for the Appellants: Mr.B.Vijaysen Reddy
Counsel for the Respondent: - Representative of respondent present.
QUORUM: HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA, PRESIDENT.
AND
SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER.
FRIDAY, THE FOURTH DAY OF JULY,
TWO THOUSAND FOURTEEN
Oral Order ( Per Hon’ble Sri Justice Gopalakrishna Tamada, President.)
***
This appeal is directed against the orders in C.C.No.198/2012 on the file of District Forum, Ranga Reddy District whereby the District Forum by its order dated 31-7-2013 while allowing the said complaint partly directed the opposite party to pay an amount of Rs.10,000/- in addition to the amount of Rs.2,650/- which was already paid by the opposite party to the complainant.
The brief facts are that the complainants travelled from Jaipur to Hyderabad on 12-12-2011 in the opposite party Airlines and after reaching Hyderabad the baggage vide tag No.SG 00001177132 pertaining to the second complainant was missing. The complainants alleged that life saving medicines, cash of Rs.2,00,000/-, gold jewellery worth Rs.1,69,000/-, construction plan of a temple and other valuables valued at Rs.4,14,270/- were in the lost baggage and lodged a complaint with the opposite party Airlines followed it up with Customer Care Department. The opposite party promised to trace the baggage at Chennai Airport which was final destination of the flight and thereafter lodged a complaint on the same day vide No.3716. The person for whom the medicines were meant i.e. the husband of complainant No.3 suffered heart attack at the airport itself and shifted to hospital from airport and he died next morning on 13-12-2011 at about 10.40 a.m. The complainants allege that the opposite party in connivance of its employees knocked away the baggage for wrongful gain and hence got issued a legal notice on 11-1-2012 for which the opposite party gave a reply denying the allegations. Hence the complaint for a direction to the opposite party to pay a sum of Rs.4,14,270/- as cost of lost baggage, pay an amount of Rs.15,00,000/- for deficiency in service and costs.
Opposite party filed written version resisting the complaint and admitted that the baggage was lost and relied on Ex.B1, wherein the terms and conditions stipulate that the passengers should remove all valuables (cameras, jewellery, money, electronics, perishables etc.) and medication from check in baggage and place them in carry on and they will accept responsible for these things. In case the passengers decide to carry any valuables in check in baggage, they should do that at their own risk and opposite party is not responsible for any pilferage/damage and no claim shall lie against them. The opposite party allege that in case of any loss, the carrier’s liability is limited to Rs.200/- per kg with a maximum of Rs.3000/- only and since the weight of the lost baggage is 13.25 kgs. the complainants were given cheque for Rs.2,650/- in compliance of its contractual and statutory liability. The opposite party further contended that when the complainants lodged a BIR (Baggage Irregularity Report) did not allege that valuable articles were lost and the complainants should also implead the CISF and AAI responsible for safety and security at Airport as the baggage was lost at conveyor belt area which is under the supervision of AAI and CISF. The opposite party contended that the complainants neglected the terms of carriage and specific direction not to keep valuables in check in baggage and also did not disclose at the airport that the person is ailing and needed medical attention and submitted that there is no deficiency in service on their behalf.
The District Forum after considering the entire evidence on record including Exs.A1 to A12 and B1 to B3 allowed the complaint in part directing the opposite party to pay to the complainants Rs.10,000/- towards negligence and deficiency of service for loss of baggage in addition to the sum already paid by the opposite party i.e.2,650/-.
As stated supra aggrieved by the said order, the appellants/complainants approached this Commission and filed the present appeal.
The learned counsel for the appellants tried to convince us stating that the death of Mr.Hari Prasad Upadhyaya was solely on account of loss of medicines which are emergency drugs and further he submitted that there is gold etc. in the baggage which was lost and the District Forum without taking into consideration these facts has simply awarded only an amount of Rs.10,000/- towards loss of the said baggage.
Mr. Hom Dev Vivek Kumar, representing Spice Jet Airways, appeared in person and submitted that the death was not on account of the loss of medicines and accordingly to him, he was only a person who came to the airport to receive the passengers i.e. appellants. It is his further submission that there was nothing on record to establish that the said baggage was containing valuables and in those circumstances only the District Forum awarded the said sum of Rs.10,000/-. According to him as per the Carriage by Air Act, 1972, the carriers liability is limited to Rs.200/- per kg. with a maximum of Rs.3,000/- as the lost baggage was weighing 13.25 Kgs , the total loss was estimated at Rs.2,650/- and accordingly the said amount was paid by the respondent/opposite party.
Heard.
The first point which has to be gone into this appeal is whether the said death was solely on account of loss of baggage during transit. Ex.A3 ‘ death certificate of Sri Hari Prashad Upadhaya shows that he expired on 13-12-2011 at care Hospital, Nampally as the cause of death is Sepsis and Cardiac Arrest and the disease could not have developed overnight and as the ticket, Ex.B1, clearly stipulate that medicines also should not be carried. As rightly contended by the opposite party, there is absolutely nothing on record to establish that the baggage which was lost during transit was containing valuables and in those circumstances, it is not possible to award damages/compensation as contended by the learned counsel for the appellant. There is no doubt with regard to the fact that the appellants who were travelling on that particular day were having four suit cases out of which one suit case was lost. This definitely amounts to deficiency in service.
May be it is true that the Carrier’s Act stipulates the amount to be estimated for the loss of baggage but in our considered view that may be the value which has to be paid but so far as the damages/compensation are concerned, the said Act has no role to play and it is ultimately the discretion of the District Forum or the State Commission as the case may be to award the same. The appellants were travelling from Jaipur to Hyderabad and they have lost the baggage and in our considered view in addition to the amount which has already been awarded by the District Forum, another sum of Rs.40,000/- towards compensation could as well be paid which totals to Rs.50,000/-.
Accordingly this appeal is allowed and the order of the District Forum is modified by enhancing the compensation from Rs.10,000/- to Rs.50,000/- and directing M/s Spicejet Airlines Limited to pay the balance amount of Rs.40,000/- while confirming the rest of the order of the District Forum. Time for compliance four weeks.
Sd/-PRESIDENT.
Sd/-MEMBER.
JM Dt.04-7-2014.
