JUDGEMENT

          Complainant’s very simple case is that he purchased two tickets to visit Maldives for honey moon with his wife during the period of 12^th  to 18^th  December of 2010 from op no.2 for their journey by Spicejet Flight and the op no.2 to arrange for hotel accommodation at Superior Beach Bunglow, Sun Island Resort & Spa, Maldives during the said period and for air-fare from Kolkata to Bangaluru by Spicejet and Bangaluru to Maldives by Indian Airlines and further from Maldives to Bangaluru by Indian Airlines and Bangaluru to Kolkata by Indigo and op no.2 acted as the agent of the op no.1 in arranging the tickets for air travel of the complainant and his wife from Kolkata to Bangaluru by Spicejet Flight No.SG-529 on 11.12.2010.

          Accordingly the complainant and his wife travelled by the said flight and arrived at Bangaluru Air Port on 11.12.2010 for onward journey to Maldives.  On arrival at Bangaluru the complainant was shocked to find that one piece of baggages taken on board at Kolkata was missing and despite taking up the matter with Spicejet officials the same could not be traced out and complainant was issued a Baggage Irregularity Report bearing No.35646 dated 11.12.2010 by the Spicejet Office at Bangaluru.

          In fact in the said baggage all travel documents, passports, clothing and other usual items were there and without the said baggage it was not possible for the complainant to proceed to Maldives at fixed time and the flight left Bangaluru at around 10:30 A.M. but Spicejet officials received the missing baggage and delivered to the complainant of the said missing baggage only around 6:00 P.M. on 12.02.2010.  In view of aforesaid condition they were unable to proceed to Maldives as planned and had to leave their planned honeymoon and for which complainant and his wife spent two days at Bagaluru at Gateway Hotel incurring considerable expenses for board and lodging and had to arrange for air ticket for return journey from Bangaluru to Kolkata.  Further the complainant was forced to incur considerable expenses on account of taxi fare for travelling to airport from hotel and back for taking delivery of the baggage and for purchasing some item of clothing at Bangaluru and for which the complainant incurred expenses of Rs.1,79,860/- and for the failure of op no.1 to deliver the baggage to complainant in the usual course and practically complainant suffered mental agony, frustration and humiliation because as newly wedded wife they failed to enjoy of the honeymoon, but for the fault of the op no.1 entire enjoyment trip or honeymoon was nipped in the bud and in the above circumstances for the negligent and deficient manner of service of op no.1, complainant files this complaint for redressal.

          Whereas op no.1 by filing written version submitted that customer while booking tickets are cautioned that no valuable documents or materials shall be kept in any luggage.  But they may keep it at their own risk and shall not hold the airlines responsible for damages.  But it is admitted that the check-in-luggage of the complainant was exchanged with the check-in-luggage of another passenger, which was returned by the passengers and delivered by the airlines at the earliest possible time and practically there was no negligent on the part of the op no.1.

          It is further submitted by them that the luggage was lifted by another passenger and security in the airport employed by the Airport Authority of India who has allowed the passengers to take out of the airport premises without checking the baggage tag attached with the luggage but it is the officer of op no.1 who could identify the passenger from the tag of the left out baggage and contact him over mobile phone given to the airline.  Since, the said passenger has gone far by the time he could be traced and contacted it is only at 4 PM of the next day and the baggage was returned.  But fault was not on the part of the op.  In the above circumstances op no.1 prayed for dismissal of this case.

                                         Decision with reasons

          On proper consideration of the entire materials on record including the arguments advanced by the Ld. Lawyers for both the parties, it is found that op no.2 appeared but ultimately did not contest.  But admitted fact is that complainant purchased tickets for his journey at Maldives by depositing a sum of Rs.36,886/- only to op no.2 on 24.09.2010.  No doubt for journey Kolkata to Bangaluru Air ticket was purchased and that was confirmed ticket and no doubt on the very date of journey he availed of the Airlines of Spicejet along with his wife and reached at Bangaluru and admitted position is that his one luggage was misplaced and practically another passenger hurriedly took away it and subsequently on the basis of the complaint of the complainant, matter was investigated.  Thereafter it was found that another passenger took away it and that passenger actual luggage was kept in line and thereafter op no.1 took a positive step for search out that baggage and that passenger was detected and he returned back the said luggage when it was returned to the complainant and in fact the luggage was returned on 12^th December 2010 at 6:00 PM and no doubt complainant reported the baggage security and Spicejet Authority issued baggage irregularity report on 11.12.2010 and fact remains that complainant reached at Bangaluru on that day i.e. 11.12.2010 and truth is that it is the duty of the passenger to take the bag after checking the token along with passenger tickets and no doubt as per conditions of the purchased air tickets it is specifically mentioned that no valuable documents/property or valuable shall be kept in any baggage.  But same shall be kept with personal luggage.  But it is unfortunate that complainant being very intelligent person did not follow that system and practically for his fault he failed to avail of journey to Maldives when his confirmed ticket was purchased long prior to his journey and no doubt it was a trip of the complainant along with his wife after his marriage and due to said incident forthwith complainant failed to avail of that journey and cancelled all the tickets and another factor is that complainant was compelled to stay at Bangaluru till receipt of the said luggage which was returned on the next day at about 6:00 PM.  But apparently it was not actual fault of the complainant but the fault on the part of the ops because Spicejet is Airlines Company but everything is under the control of Airport Authority and when any luggage is delivered from the airport to passenger and when it was passing through Conveyor it is under the jurisdiction of Airport Authority and Airport Authority sent it to respective airlines company for check-in-up the baggage and for delivery.  But it is partly the duty of the passenger to check the same when same reaches at the airport.  But in this regard complainant is completely silent whether he got other baggage except this one.  Then invariably one luggage was there which has been left by the actual owner of the luggage.  But most probably due to simile of the baggages complainant took one luggage and another person took another luggage.  But it was completely an exchange for that complication and no doubt it is negligence otherwise on the part of the Spicejet Airlines because it is the duty of the Airlines Authority to safely hand over the property to the passengers when it had been taken by them on proper receipt and in this regard op no.1 is found pleaded completely baseless stay and practically for their callous staff at the Airport , the complainant was harassed and only for one luggage and he was compelled to stay at Bangaluru i.e. on 11.12.2010 and also on the 12.12.2010.  At the same time the journey which was fixed for Maldives at on 11^th December,2010 the complainant failed to avail of it for want of documents and no doubt for that reason complainant and his wife suffered much and ultimately their journey was cancelled and for which they are compelled to pay some amount when tickets were cancelled.

          Admittedly op no.1 issued Baggage Irregulatrity Report and that was issued on 11.12.2010.  It is proved that the Spicejet Airlines Company failed to give proper and efficient service to the complainant for which complainant has been mentally suffered and their journey at Maldives was cancelled due to that luggage because in that there was some valuable articles.  In the above situation we are convinced to hold that it was fault on the part of the op no.1 not giving proper service and also giving negligent manner of service that was done by the Spicejet Airlines Company for which Spicejet Airlines are invariably bound to pay compensation to the extent of Rs.50,000/- to the complainant for causing mental pain, agony and harassment and also for cancellation of the air ticket for journey to Maldives.

          Thus, the complaint succeeds in part.

          Hence, it is

                                                  ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.2,000/- against the op no.1 and same is dismissed against op no.2 without any cost.

          Op no.1 Spicejet Airlines Company is hereby directed to pay a sum of Rs.50,000/- as compensation to the complainant within one month from the date of this order failing which for each day’s delay the op no.1 shall have to pay Rs.250/- per day till full satisfaction of the decretal amount as punitive damages and even if op no.1 fails to comply that order in that case, the penal action shall be taken against them even they may be sent to jail for implementation of this order