Delhi

New Delhi

CC/991/2011

Binay Kumar Mishra - Complainant(s)

Versus

M/S. The National Aviation Company of India Ltd. - Opp.Party(s)

17 Feb 2020

ORDER

 

 

                                           CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.991/2011                                Dated:

In the matter of:

Mr. Binay Kumar Mishra,

S/o B.P.Mishra,

Azad Chowk, Babutola,

Banka-813102, Bihar.

                                                 ..COMPLAINANT

 

 

VERSUS

1.  The National Aviation Co. of India Ltd.,

Airlines House, 113,

Gurudwara Rakabganj Road,

New Delhi-01.

 

2.   The National Aviation Co. of India Ltd.,

Airlines House, 39,

Chittranjan Avenue,

              Kolkatta-700012.

...OPPOSITE PARTY

NIPUR CHANDNA, MEMBER

 

O R D E R

 

 

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant planned a trip to Dalhousie and the tour details are – Bhagalpur to Kolkata- Kolkata to Delhi – Delhi to Amritsar and Amritsar to Dalhousie.  At Amritsar airport, complainant was told that the Indian Airlines flight would not fly due to some technical hitch and as such on the continuous persuasion  of the complainant, he and his wife were accommodated in King Fisher Flight and further informed that another Indian Airlines Flight would take them to Kolkata.  Thereafter, when the flight landed at Kolkata the  complainant  was informed that inadvertently his baggage was loaded in some another flight at Delhi and would be handed over to him soon, when the same could not received after waiting for a long time, the complainant sent a letter dt. 21.7.2010  to the Airport Authority to pay the compensation to the tune of Rs.1 lac.  In reply to his letter, OP offered a sum of Rs.7500/- to the complainant that too after execution of the discharge receipt vide letter dt.17.8.2010.  The complainant turned down the offer and sent a legal notice dt. 27.1.2011 to the OP but all in vain, hence this complaint.

 

2.     Complaint has been contested by the OP.  OP filed its written statement in which it denied any deficiency in services on its part.  It is further stated that the  as per the provision laid down under the carriage by Air Act 1972, a person can claim an amount additional to that of Rs.450/-per km. Only if such a person has informed the carrier about the contents of such a baggage at check-in and by paying a supplementary fees.  If the person fails to inform the carrier regarding the same, the carrier shall not be liable to compensate over and above the statutory limit of Rs.450/- per kg. It is stated that the OPs have already complied with all the statutory obligations by way of offering compensation to the complainant but the same had denied by the complainant, hence, it is not liable for the relief claim.  OPs further prayed for dismissal of present complaint.

            3.     Both parties have filed their evidence by way of affidavits.

4.     We have heard argument advance at the Bar by the complainant and have perused the record.

 5.    The perusal of the documents placed on record makes it clear that as per the provision laid down under the carriage by Air Act 1972, OP had already offered and is ready to make the payment of Rs.7200/- to the complainant and in pursuance of the same OP has also wrote a letter dt. 17.8.2010 to the complainant for settling the claim, however, complainant did not accept the settlement and insisted for compensation to the tune of Rs.1 lac.

 

6.     Perusal of the file shows that the complainant has failed to place on any record which shows that he has informed the carrier about the contents of  baggage at check-in and has paid a supplementary fees regarding the same.    In such, a circumstance, we have no other option but to go with the provision of carriage act 1972..  

7.      In the light of above discussion we direct OP to pay to the complainant a sum of  Rs.7200/- as agreed by it  and pay a sum of Rs.2,000/- on account of compensation and litigation expenses within 30 days from today.

8.      The present complaint is disposed off in above terms. File be consigned to Record Room.

 

A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in.

 

Pronounced in open Forum on 17/02/2020.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

(NIPUR CHANDNA)                                                                       (H M VYAS)

           MEMBER                                                                                MEMBER