Qatar Airways V/S Abhishek Pateria - Consumer Court Case

Tamil Nadu

South Chennai

20/2012

Abhishek Pateria - Complainant(s)

Versus

Qatar Airways - Opp.Party(s)

S.Saravanan

19 Dec 2017

ORDER

Date of Filing : 14.10.2011

Date of Order : 19.12.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L., : PRESIDENT

TMT. K.AMALA, M.A. L.L.B., : MEMBER I

DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.20/2012

TUESDAY THIS 19^th DAY OF DECEMBER 2017

Mr. Abhishek Pateria,

S/o. Mr. Ramashankar Pateria,

Room No.204, Mahanadi Hostel,

IIT Madras, Chennai Complainant

Qatar Airways,

Rep. by its Chief Executive Officer,

Hameedia Centre,

Old No.14, New No.43,

Ground Floor, Haddows Road,

Nungambakkam, Chennai -6. Opposite party

Counsel for Complainant : M/s. S. Saravanan

Counsel for opposite party : M/s. P. Sathyamurthy & another

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.49,376/- being the to and fro travel expenses and to pay a sum of Rs.18,000/- being the amount spent to purchase the daily needs and clothes and to pay a sum of Rs.3,00,000/- towards mental agony and Rs.1000/- as cost of the complaint.

1. The averment of the complaint in brief are as follows:

The complainant submit that he travelled to Manchester in the opposite party Airways and the invoice is for Rs.49,376/-. The complainant state that he was a Research Scholar in IIT Madras received a letter from the University of Manchester and the date of events in the University of Manchester. Accordingly the complainant has to attend the conference on 17.7.2011. The complainant proceeds to Manchester in the schedule flight on 16^th July 2011 at 4.45 and to reach Manchester at Saturday. The complainant kept all the relevant study materials checked in baggage vide receipt No.QR 260644. The complainant further state that immediately landed at Manchester on 16^th July at 13.30 hours. He was shock and surprise that his checked in baggage was found missing and the same was intimated to the opposite party airways authority. The Global Baggage Solutions promised the complainant that his baggage would be delivered shortly. But the baggage were delivered only on 18.7.2011 at 20.35 hours. Hence the complainant was constrained to purchase several articles necessary for managing two days in a proper manner. The complainant expended a sum of Rs.18000/- towards such purchase. As such the act of the opposite party amounts to deficiency in service which caused mental agony and hardship to the complainant. Hence this complaint is filed.

2. The brief averments in the Written Version filed by the opposite party is as follows:

The opposite party deny each and every allegations except those that are specifically admitted herein. The opposite party submit that the opposite party is not aware the purpose for which the complainant has travelled to Manchester. The opposite party denies all the averments that the complainant has purchased all the daily use things and cloths there is Manchester, he purchased all the daily use things and cloths there in Manchester, he had no cloths and he had to spend 500 pounds for the purchase of daily use things, he attended the symposium, he could not submit his presentation properly and that he had to bow down out of shame before the other research scholars the said moment in his life was fully spoiled by the opposite party’s careless and negligent service for the all the averments the complainant bound to strict proof of the same in the light of evidence. The opposite party further state that the claim regarding the loss of baggage are fully covered by the Air Carries Act 1972 and the claim as to the delay of receiving the baggage by the complainant and the complainant has not received the baggage not in time are all subject to the Terms and conditions in the Air Travel Ticket and the complainant is not entitled to claim beyond or in violation of the travel ticket and that of the provisions of the said Air Carriers Act 1972. Hence there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3. In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A7 marked. Proof affidavit of opposite party filed and Ex.B1 and Ex.B4 marked on the side of the opposite party.

4. The points for the consideration is:

1. Whether the complainant is entitled to a sum of Rs.49,376/- being the to and fro travel expenses as prayed for ?

2. Whether the complainant is entitled to a sum of Rs.18,000/- towards purchase of goods for daily life at the Manchester with compensation of Rs.3,00,000/- and cost of Rs.1000/- as prayed for ?

5. POINTS 1 & 2 :

Heard both sides. Perused the records (viz) complaint, written version, proof affidavit and documents Admittedly the complainant travelled to Manchester in the opposite party Airways as per e.ticket Ex.A1 and the invoice for Rs.49,376/- as per Ex.A2. The learned counsel for the complainant contended that the complainant was a Research Scholar in IIT Madras received a letter Ex.A3 from the University of Manchester and the date of events in the University of Manchester as per Ex.A4. Accordingly the complainant has to attend the conference on 17.7.2011. The complainant proceeded to Manchester in the schedule flight on 16^th July 2011 at 4.45 and reached Manchester on Saturday. The complainant kept all the relevant study materials in the checked in baggage vide receipt No.QR 260644 as per Ex.A5. The contention of the complainant is that immediately after landed at Manchester on 16^th July at 13.30 hours. He was shock and surprise that his checked in baggage was found in missing. Due report also given to the opposite party airways authority. The Global Baggage Solutions promised the complainant that his baggage would be delivered shortly. But the baggage were delivered only on 18.7.2011 at 20.35 hours. Hence the complainant was constrained to purchase several articles necessary for managing two days in an appropriate manner as a research scholar The complainant expended a sum of Rs.18000/- towards such purchase. But the complainant has not produced any bill to prove the alleged purchase. Further the contention of the complainant is that since all the material available for such conference was kept in the checked in baggage caused irreparable loss and mental agony. The complainant is claiming a sum of Rs.3,00,000/- towards mental agony and the cost of e. ticket. But on a careful perusal of the records the complainant has not pleaded what is the weight of checked in baggage in which what is the quantum of materials kept inside for the said conference.

6. The learned counsel for the opposite party contended that admittedly the complainant travelled in the opposite party airlines in economic class. As per the terms and conditions of the travel vide Ex.B1. Hand Baggage Allowances for 7 kilograms of essential items were permitted for economic class can be kept along with the passenger which is free of cost as informed vide and in the following website link “

In the result the complaint is allowed in part. The opposite party shall pay compensation of Rs.35,000/- (Rupees thirty five thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 19th day of December 2017.

MEMBER-I MEMBER-II PRESIDENT.

Complainant’s side documents:

Ex.A1- 12.5.2011 - Copy of e. ticket.

Ex.A2- 12.5.2011 - Copy of e. ticket invoice.

Ex.A3- 15.3..2011 - Copy of letter from the University of Manchester”

Ex.A4- 18.7.2011 - Copy of date of events in the University of Manchester.

Ex.A5- - Copy of Date file reference of missing Baggage

Ex.A6- 24.7.2011 - Copy of Boarding Pass etc.

Ex.A7- 23.8.2011 - Copy of legal notice.