Date of Filing:13.08.2008<br /> Date of Order:03.01.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 03RD DAY OF JANUARY 2009<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: 1780 OF 2008<br /> <br /> <br /> G. Murugappan<br /> S/o. A.A. Gnanasundarathasu<br /> R/at No. 6, Abbaiah Reddy Layout<br /> Flat B-1, KMS Homes<br /> Kaggadasapura<br /> Bangalore 560 093 Complainant<br /> <br /> V/S<br /> M/s. Spicejet Ltd.<br /> 319, Udyog Vihar<br /> Phase IV, Gurgaon<br /> Haryana, India<br /> Represented by its <br /> Managing Director Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act 1986. <br /> The facts of the case are that complainant, his wife and baby went on a holiday trip from Bangalore to Goa through Airlines of opposite party on 24.05.2008. The check-in baggage of the complainant i.e. VIP Bag did not reach Goa. Complainant informed about the missing of the baggage. Baggage Irregularity Report was given. The complainant stated that approximate total value of all the items kept in the bag was of Rs. 75,000/- including Sony Camcorder Rs. 38,000/-, Canon Camera worth Rs. 20,000/-. It is stated by the complainant that irresponsible staff of the opposite party provided no assistance. The entire holiday trip of the complainant and his family was full of sufferings for the mistake of the opposite party. The opposite party is liable to be punished for negligency in service and deficiency in service. Opposite party is liable to pay compensation of Rs. 3,00,000/- apart from the value of baggage. Complainant issued legal notice to opposite party dated 04.06.2008. Opposite party has sent pay order for Rs. 2,600/- dated 30.05.2008. It was received on protest. Therefore, the complainant submitted that opposite party may be directed to pay Rs. 75,000/- towards value of the baggage and its contents and Rs. 3,00,000/- by way of compensation for negligency in service and for mental agony, pain, sufferings and hardship etc.<br /> 2. Notice was issued to opposite party. Representative of opposite party was present and submitted written version stating that the liability for loss of baggage is limited to Rs. 200/- k.g. with a maximum of Rs. 3,000/- only. The weight of the baggage was found to be 13 kgs. Opposite party has remitted a sum of Rs. 2,600/- by way of cheque dated 30.05.2008. In view of this complaint is liable to be dismissed. Complainant has not submitted any proof regarding carrying of alleged goods in check-in baggage and as such in absence of the same no compensation can be awarded. In the Baggage Irregularity Report complainant stated personal items only. Nothing prevented the complainant to mention the value of the articles in the Baggage Irregularity Report. The opposite party denied that check-in baggage had contained Sony Camcorder, Canon Camera etc. For the reasons stated above opposite party has prayed to dismiss the complaint.<br /> 3. Arguments are heard. I have gone through the complaint, version and documents.<br /> 4. It is an admitted case of the parties that the complainant and his wife traveled in opposite party airlines on 24.05.2008 from Bangalore to Goa. It is also admitted case of the parties that one check-in baggage had been lost and not delivered to the complainant at the destination point. Therefore, the complainant submitted Baggage Irregularity Report. In the Baggage Irregularity Report the complainant has mentioned contents of baggage as personal items. He has not at all mentioned the valuables kept in the baggage as stated in the complaint. Nothing prevented the complainant to mention the valuable items kept in the baggage in the Baggage Irregularity Report. Complainant has not mentioned any document evidence or proof in this case to show that he had kept the valuable items in the check-in baggage. Except the self statement of the complainant there is absolutely no proof or document to establish that complainant has kept valuable items in the check-in baggage. Therefore, it is very difficult to accept the fact that the complainant has kept Sony Camcorder, Canon Camera, Samsung mobile etc. in the lost baggage. As per the SpiceJet’s Terms and Regulations clause 15 all valuables (camera, jewellery, money, electronics, perishables and medication items) shall be removed from the check-in baggage and such items shall be placed in carry-on and SpiceJet will not accept responsibility for those items. In case passenger decides to carry any valuables in their check-in baggage against the advice will do this at their own risk and shall not hold SpiceJet responsible for any pilferage / damage etc. to such valuables. They shall lay no claim against SpiceJet, its employees, agents, successors etc. in this regard. As per this clause 15, the passengers are not permitted to carry valuables in check-in baggage. If they carry such any valuables it is at their own risk. The opposite party has sent cheque for Rs. 2,600/- to the complainant on the basis of weight of the baggage. As per the regulation Rs. 200/- is given per k.g. of weight with a maximum of Rs. 3,000/-. The weight of the lost baggage was found to be 13 k.g. Therefore, the opposite party has remitted a sum of Rs. 2,600/- by way of cheque. This is an admitted fact. However, mere payment of statutory liability will not absolve the opposite party in paying compensation to the complainant for the mental agony, inconvenience caused to complainant, his wife and infant child. Since, check-in baggage has been lost and the opposite party has given cheque for Rs. 2,600/- on the basis of weightage of the bag this fact itself has proved deficiency in service and negligence on the part of the opposite party. No further proof is required to prove or establish the negligence in duty and deficiency in service. It is the duty and obligation of the opposite party to look and see the safety and security of passengers and their baggage. Admittedly, check-in baggage has been lost. As a statutory obligation the opposite party has paid Rs. 2,600/- at the rate of Rs. 200/- per k.g. Payment of this amount does not compensate the complainant for all the mental agony, hardship, inconvenience caused to complainant. A person who had gone to Goa for a holiday trip with his wife and child lost his check-in baggage during travel from the opposite party airlines, his entire holiday trip has become horrible and he lost his happiness, comfort and holiday trip etc. The complainant has to make new arrangement. He has to purchase clothes, other necessary items and articles for his day to day use. VIP sky bag is worth Rs. 3,500/-. It is true that complainant has not produced evidence or proof to establish that he had kept Sony Camcorder worth Rs. 38,000/- and Canon Camera worth Rs. 20,000/- and Samsung mobile charger, medicines, infant food and clothes etc. The opposite party is not permitted to say that it is not responsible for the loss caused to the complainant. The opposite party cannot wash off his hands by paying Rs. 2,600/- to the complainant. The Hon’ble National Commission and State Commission are awarding compensation to the passengers for the lost check-in baggage in several cases for mental agony, hardship and inconvenience apart from the statutory liability. Therefore, taking into consideration of all the facts and circumstances of the case and the admitted fact that complainant lost check-in baggage and he has suffered lot due to not getting the check-in baggage, I feel it would be just, fair and reasonable to award Rs. 20,000/- as compensation to the complainant for mental agony, suffering, inconvenience and hardship caused to him. I feel this amount may to some extent mitigate the sufferings of the complainant. Consumer Protection Act is a Social and benevolent legislation. It is intended to protect the better interests of the consumer. A Consumer / customer is a most important visitor in the premises of the service provider. He is not dependent on the service provider. On the other hand the service providers are dependent on him. The Consumer / customer shall be respected and his grievances should be looked into promptly and attended. The opposite party should have fairly apologized the complainant for all the inconvenience and hardship suffered on account of loss of baggage. The opposite party should have come forward for payment of reasonable amount of compensation for mental agony and suffering. But, unfortunately, opposite party by sending Rs. 2,600/- cheque wants to escape from its responsibility from paying reasonable compensation. This attitude on the part of the opposite party is not fair and proper. Therefore, taking into consideration of all the facts and circumstances of the case I proceed to pass the following:<br /> ORDER<br /> <br /> 5. The Complaint is allowed. The opposite party is directed to pay compensation of Rs. 20,000/- to the complainant for mental agony, hardship and inconvenience caused to him within 30 days from the date of this order. In the event of non-compliance of order within 30 days the above amount carries interest at 12% p.a. from the date of order till payment / realisation.<br /> 6. Complainant is also entitled for Rs. 2,000/- towards costs of the present proceedings from the opposite party.<br /> 7. The opposite party is directed to send the amount to the complainant directly through D.D. / cheque with intimation to this forum.<br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 03RD DAY OF JANUARY 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />