Tripura

StateCommission

A/14/2019

The In Charge, The Indigo - Complainant(s)

Versus

Shri Dr. Ranendra Kumar Barman - Opp.Party(s)

Mr. A. Chaturvedi, Mr. D. Bhattachrya.

24 Sep 2019

ORDER

Tripura State Consumer Disputes Redressal Commission, Agartala.

 

Case No. A.14.2019

 

1. The Indigo,

To be represented by the In-Charge,

Central Wing, Ground Floor, Thapar House - 124,

Janpath, New Delhi-110001, India.

 

2. The Indigo,

Agartala Customer Care Office,

Represented by its Senior Officer, Agartala Office,

Airport Authority of India, Agartala Airport,

Agartala - 799009, West Tripura.

 

3. The Indigo, In-Charge,

Being represented by Ms. Supriya Sinha,

Agartala Airport, Tripura West, P.S. Airport Authority,

West Tripura, Pin - 799009.

 

4. Sameer Sahani,

Customer Relations,

InterGlobe Aviations Limited (IndiGo),

Tower D, 5^th Floor, Global Business Park,

Mehrauli Gurgaon Road,

Gurgaon - 122002, Haryana.

… … … … Appellant/Opposite Parties.

 

 

1. Shri Dr. Ranendra Kumar Barman,

Resident of Rabindra Palli, Q/8 No. Type IV/27,

P.O. Agartala, P.S. West Agartala,

District - West Tripura.

                                                                   … … … …  Respondent/Complainant.

 

 

Present

Hon’ble Mr. Justice U.B. Saha

President,

State Commission

 

 

Mr. Narayan Ch. Sharma,

Member,

State Commission

 

Dr. Chhanda Bhattacharyya,

Member,

State Commission

 

 

For the Appellants:                                            Mr. Kushal Deb, Adv.

For the Respondent:                                           Absent.

Date of Hearing & Delivery of Judgment:         24.09.2019.

J U D G M E N T [O R A L]

U.B. Saha, J,

 

The instant appeal is filed by the appellants, IndiGo and others against the judgment dated 23.04.2019 passed by the learned District Consumer Disputes Redressal Forum (hereinafter referred to as District Forum), West Tripura, Agartala in Case No.C.C.59 of 2018 whereby and whereunder the learned District Forum allowed the complaint petition filed by the respondent (hereinafter referred to as complainant) directing the appellants (hereinafter referred to as opposite parties) to pay an amount of Rs.20,000/- for the loss of garments/wearing apparels of the complainant and his family members, being the cost of the same and also to pay Rs.20,000/- for causing mental agony and harassment together with Rs.3000/- as cost of litigation, in total Rs.43,000/-. The aforesaid amount shall be paid within a period of two months from the date of judgment, failing which, the amount of compensation shall carry interest @9% per annum till the payment is made in full.     

2. Heard Mr. Kushal Deb, Ld. Counsel for the appellant-opposite parties, who has appeared on behalf of Mr. Debalay Bhattacharya, Ld. engaged Counsel. None appears for the respondent-complainant.
3. Brief facts needed to be discussed are as follows:-

The complainant along his wife and son had availed air journey by IndiGo Airlines on 15.05.2017 from Bengaluru to Agartala via Kolkata by IndiGo connecting Flights 6E 433 and 6E 374. At the time of check-in at the IndiGo counter at Bengaluru, the complainant had booked one luggage bearing Tag No.041143 issued by the IndiGo Authority at the Bangalore Airport. On the same day after arriving at Agartala Airport the complainant did not find his luggage at the conveyer belt. Accordingly, the complainant brought the matter to the notice of the staff of the IndiGo Airlines at Agartala and also lodged a complaint with the Authority. The staff of the IndiGo, namely, Ms. Supriya Sinha then gave the complainant Property Irregularity Report (PIR) wherein it has been clearly mentioned that the luggage bearing Tag No.041143 is missing. So, the complainant could not get his luggage from the IndiGo Authority. According to the complainant, the luggage contained very costly garments and valuable wearing items of the family members of the complainant which there were some ancestral Indian clothes which got high emotional attachment with the various auspicious ceremonies. As the complainant was harassed and was dissatisfied with the services of the IndiGo Authority, he filed a complaint petition before the learned District Forum claiming an amount of Rs.1,50,000/- being cost of the garments contained in the missing luggage, Rs.50,000/- for mental agony and harassment and in addition a sum of Rs.1,000/- per day from 15.05.2017 (day of journey) till the day of payment of compensation for the harassment and Rs.30,000/- as cost of litigation.

4. Upon receipt of the notices, the appellant-opposite parties appeared by engaging their Ld. Counsel and also submitted their written statement denying the allegations of the complainant. The opposite parties, however, admitted about the journey performed by the complainant and his two family members from Bengaluru to Agartala via Kolkata and also missing of the baggage and issuance of Property Irregularity Report (PIR). It is also stated that the total weight of the checked-in baggage of the complainant was 12 Kg. and that as per the provisions of the binding of the contract between the complainant and the IndiGo conditions of the carriage - domestic, in case of loss of baggage the liabilities of the Airline is Rs.350/- per Kg. subject to a maximum limit of Rs.20,000/-. Accordingly, the IndiGo Airlines offered the complainant Rs.4,200/- as the lost baggage was weighing to 12 Kg. Finally, the opposite parties prayed for dismissing of the complaint in the interests of justice.
5. In the course of hearing, the complainant examined himself as P.W.1 and submitted his examination-in-chief by way of affidavit. The complainant also produced four documents which were marked as Exhibit-1 series.
6. The opposite parties did not take any step and also not cross-examined the complainant. The opposite parties also did not come forward to adduce either oral or documentary evidence though opportunity was given to them.
7. In view of the above, the learned District Forum passed the impugned judgment.
8. Mr. Deb, Ld. Counsel while urging for setting aside the impugned judgment would contend that the learned District Forum failed to consider the law relating to Carriage by Air Act, 1972. He further submits that the awarded amount is higher in side, thus this Commission may interfere with the judgment.
9. As none appears for the respondent-complainant, we have considered the application dated 09.09.2019 submitted by the respondent-complainant.
10. We have gone through the impugned judgment. According to us, the awarded amount is higher in side so far the value of the garments loss by the complainant and also the amount awarded for causing mental agony and harassment. We are of the view that it would be proper if we direct the opposite parties to pay an amount of Rs.10,000/- for the loss of garments/wearing apparels of the complainant and his family members and also Rs.10,000/- for causing mental agony and harassment and Rs.3,000/- as cost of litigation, in total Rs.23,000/-. The aforesaid amount shall be paid within two months from today, failing which; the amount of compensation shall carry interest @9% per annum till the payment is made in full. Accordingly, it is ordered.

In the result, the appeal is partly allowed.

Send down the records to the learned District Forum, West Tripura, Agartala.

 

 

 

MEMBER State Commission Tripura MEMBER State Commission Tripura PRESIDENT State Commission Tripura