BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 17 of 2012
Smti Tapati Endow, ……………..………………………………….. Complainant.
-V/S-
1. Air India, Represented by its Chairman and Managing Director,
Mr. Rohit Nandan, Air India Ltd. Airlines House,
113 Gurudwara Rekabganj Road, New Delhi-110001. O.P No.1.
2. Mr. Mukuandan, Luggage Incharge, Indian Airlines,
Banglore International Airport Limited, Devanahalli. O.P No.2.
3. Mr. R. Dayal, Executive Director (East),
Air India Ltd. Airlines House,
39 Chittaranjan Avenue, Kolkata -12 O.P No.3.
4. Mr. A.N. parthasarathy, Executive Director and General Manager
Soutjern Region, Air India Ltd.
Airlines House, Meenambakkam, Chennai-600027 O.P.No.4.
5. Mr. D. Golder (Air India), Manager,
Unity Building, J.C. Road, Banglore-560002. O.P.No.5.
6. The Station Manager, AIR India, Silchar O.P.No.6.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Rudrani Biswas, Advocate for the Complainant.
Paritosh Dhar, Advocate for the O.Ps.
Date of Evidence……………………….. 19-11-2012, 11-03-2013
Date of written argument……………… 28-07-2017
Date of oral argument………………….. 28-08-2017
Date of judgment……………………….. 12-09-2017
JUDGMENT AND ORDER
Sri Bishnu Debnath,
Smti. Tapati Endow brought this case against Air India and its 5 (Five) more officer for compensation on the ground of disservice to her while she was travelling from Bangalore to Silchar on 22/01/2012 by Air India Flights.
To get the compensation she brought the fact in her complaint. The brief facts are stated below:-
On 22/01/2012 the Complainant travelled from Bangalore to Silchar by Air India flights. Her luggage’s were booked with additional charge of Rs.8,300/- for excess weights. Accordingly, she reached to Silchar but the wrong luggage’s reached to Silchar bearing luggage tag of the Complainant which was musical instrument and not her (two) suitcase containing her medicines, food items etc. Accordingly, the matter was reported to the Air India Authority. On 27/01/2017 her 2 (Two) suitcase delivered to her residence by Silchar Air India Officer in damaged condition and most of the articles were missing from the suit case.
The O.Ps submitted their joint W/S. In the W/S denying the allegation took plea that on 27/01/2012 the above (two) baggage’s arrived at Silchar and immediately delivered at the residence of the Complainant. However, before delivering both the baggage’s were re-weighed and found 45kgs. Both the baggage’s were locked by Pax and found to be intact and delivered intact. The Airport Manager, Air India Ltd, Silchar talked to the Complainant personally and it was confirmed that nothing was missing from the baggages.
During hearing the Complainant deposed as PW and exhibited as many as 9 (Nine) documents including reply of Advocate notice dated 14/03/2012 vide Ext. 9. The O.Ps also examined Mr. Kamei Lungthau, the Station Manager Air India Ltd., Silchar as D.W and submitted written argument. The Ld. Advocate of the Complainant argued orally.
In this case from the material on record it is evident that due to wrong tagging the luggage’s of the Complainant delivered after 5 (Five) days of her journey from Bengalore to Silchar. It is also admitted fact that wheel assembly of the suit case had a slight crack i.e damaged. But the Complainant took the allegation that the suit cases were found damaged and most of the articles from the suit cases were missing. What are those articles did not disclose clearly and the value of those missing article are not established. Of course, from Ext.9 it is revealed that the Complainant reported that food items had been perished. The value of food item are not disclosed in the Complaint petition as well as in the evidence.
Hence, in our considered view the allegation regarding missing of articles from the suit cases are not established. For which no compensation can be assessed for alleged missing item. However, from the evidence on record, it is concluded that due to carelessness of the Air India Staff the wrong tagging was done and for which the Complainant received her baggage’s after 5 (Five) days of Journey which is amounting to disservice on the part of the Air India Authority and in consequences the Complainant suffered from mental agony.
Therefore, considering all aspect we are of opinion that an amount of Rs.15,000/-(Rupees Fifteen thousand) only as lumpsum compensation is a justified amount. Accordingly, the O.Ps are both jointly and severally responsible to pay compensation of Rs.15,000/-(Rupees Fifteen thousand) only and also to pay cost of the proceeding of Rs.2,000/-. The awarded amount to be paid within 45 days from today. In default interest to be charged @ 10% per annum.
With the above, this case is disposed of on contest. Supply free certified copy of the judgment to the parties. Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 12th day of September, 2017.
