OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.78/13
Present:-
1)Md.Sahadat Hussain, A.J.S. - President
2)Sri Upendra Nath Deka - Member
1.Sri Harendra Nath Deka - Complainants
S/O Late Bapu Nath Deka,
Padum Path,Saurav Nagar,
Beltola,Guwahati-781028, Assam
2.Smti Pushpanjali Gogoi,
W/0 Sri Harendra Nath Deka
Padum Path,Saurav Nagar,
Beltola,Guwahati-781028, Assam
-vs-
1) Spice Jet Limited, -Opp.Parties
319,Udyog Vihar, Industrial Area Phase IV
Near Tata Consultancy Services, Gurgaon.
Haryana(India), Pin 122001
2) Mr.Bhaskar Buragohain
Station-in-charge Spice Jet Airline
Lokopriyo Gopinath Bordoloi International Airport
Borjhar ,Guwahati-781015
Appearance-
Learned advocate Mr.Surya Prakash Chittawal for the complainant
Date of Exparte argument- 6.5.2016
Date of Exparte judgment- 20.5.2016
Exparte Judgment
1) This is a proceeding u/s 12 of Consumer Protection Act,1986.
2) The complaint filed by Sri Harendra Nath Deka and Smti Puspanjali Gogoi against Spicejet Limited and another was admitted on 8.8.13 and notices were served on the opp.parties and they also filed their written statement, but after filing written statement, the opp.parties defaulted to take step in this proceeding and accordingly, the forum, vide order dated 6.10.15, directed that this proceeding will run on exparte against the opp.parties . The complainant side filed affidavit of complainant No.1, Sri Harendra Nath Deka. Thereafter, on 6.5.15 we have heard oral exparte argument of ld advocate Mr.S.P.Chittawat for the complainant. Today, we deliver the judgment which is as below.
3) The complainants’ case in brief is that both the complainants had taken their return journey, vide Opp.Party No.1 aircraft bearing No. SG 2252 on 15.6.13 from Jammu airport which was supposed to depart at 9-40 hours and arrived at Delhi Airport at 11-20 hours and the aircraft arrived late at Delhi and they collected bags and luggages and stayed in nearly accommodation to catch up next day flight to Guwahati. On 16.6.2013, they boarded the aircraft bearing No. SC 893 (PNR-T.033XX) of Opp.Party No.1 to go to Guwahati which was scheduled to depart at 15:20 hours and arrive Guwahati at 17:45 hours and before their departure from Delhi airport, the complainant checked in two baggages which was duly registered at Delhi Terminal (palam), but after arriving at Guwahati airport they did not find their baggages, nor these were traced out. Then they approached the staff of the Opp.Party No.1 at Guwahati Airport and lodged complaint to them and they also acknowledged the same vide Receipt No.12976 and vide irregularity report No. 0775012066 and that was signed by their agent code bearing No. 6522 which were handed to them on the same day; Opp.Party No.1 side failed to hand over the said baggages to them. Then they did several correspondences with Opp.Party No.1 through E.Mail on 18.6.2013 and also sent a E.Mail to their appellate authority about the missing bags, and then on 24.6.2013 received a E.Mail from opp.parties, by which they informed them that the baggages were not traced out and hence that can not be handed over to them and that the baggages had gone missing temporarily due to the shifting of the operations at terminal. The baggages contained expensive garments, household decorative items, woolen garments, cosmetic items, handicrafts bags of value of Rs.50,000/-
4)We have perused the written statement filed by the opp.parties and found that the opp.parties admit that on 15.6.2013, the complainants’ did the journey from Jammu airport to Delhi airport (Terminal 1 C (Palam) at 11-20 hours vide flight of the Spice Jet Limited ( Opp.Party No.1) No.SG 2252 and also did the journey from Delhi to Guwahati on 16.6.2013 at 15-20 hours in the aircraft of Opp.party No.1 (Spice Jet Pvt.Ltd.) flight No. SG 893 (PNR-TD33XX) that the complainants’ after arriving Guwahati in the said flight they did not find their checked-in luggage and immediately approached the staff of Opp.Party No.1 at Guwahati and reported the matter and then latter gave them an irregularity report vide Serial No. 0775012066 (Exhibit No.1). We have perused Ext.1 and found that it is missing of luggage report issued by the staff of Opp.Party NO.1 posted at Guwahati Airport (LGB Airport) on 16.6.13 while the complainants approached them to take step for finding out the lost luggage. After perusing the pleading and the evidence of the complainant, it is found that the complainant neither give detail description of the lost luggage nor submits any papers (voucher of purchase etc.) purchase of the contents of the said luggage but narrates the matter by a single sentence written in para No.8 of the complaint that “ compensation on account of loss of expensive garments, household decorative items, woolen garments, cosmetic items, handicraft bags etc.” On evidence (the affidavit) also, the complainant has given neither the list of lost items nor the description and the value of the lost items. In such situation, we can not hold that the lost luggage contained expensive garments, household decorative items, woolen garments, cosmetics, handicrafts of value of Rs.50,000/. Secondly, from Ext.1 (the missing report) issued by Opp.Party No.1 the document admitted by the complainant, it is seen that the missing baggage was one piece and its weight was 5 K.gs. and the bag was one side stripe and was in torn condition.
Thus, it is found that the missing luggage was a bag weighing 5 K.gs only.
5) The opp.parties are found to have stated in the written statement that after receiving the complaints they considered the matter in the light of Terms and Conditions of the ticket and Rule 22 of Schedule I and Schedule II framed under Carriage by Air Act,1972 and calculated the due compensation of Rs.1,000/- (Rupees one thousand) and they sent the said amount to the complainant Harendra Nath Deka through cheque No. 019657 dt. 17.7.2013 and he also accepted the amount . The payment of Rs.1,000/- as compensation for the loss of the luggage is not denied by the complainant side.
It is crystal clear that the complainants have already received Rs.1,000/- from the opp.parties as compensation for loss of his luggage in the said journey. The complainant is seeking order for directing the opp.parties to pay compensation to the tune of Rs.50,000/- for the loss of said luggage. It is found that the weight of lost bag is only 5 (five) k.gs. and it is also found that the complainant side has failed to give proper proof as to contents of the said bag as well as the description of items and the value of those items. In such situation, we must hold that the said bag did not contain valuable items as the complainant stated in para 8 of their complaint. After perusing the terms and condition of making journey in the air-craft of the opp.party it is found that as per said terms and condition the liability of opp.party for loss of baggage is limited to Rs.200/- per k.g. with a maximum of Rs.3,000/- only. It is also proved that the weight of lost items is 7’5 k.gs. and therefore, as per above rate Rs.1,000/- is the accurate compensation to be paid by the opp.parties. It is already found that opp.party side has directly paid Rs.1,000/- to the complainant No.1 as compensation for loss of their luggage in said journey and he has also accepted the same. So, in such situation we must hold that the proper compensation has already been paid by the opp.party to the complainant side.
6) Because of what has been discussed above, the complainants have no cause of action against opp.parties. Hence, the case against opp.parties is dismissed on exparte.
Given under our hands and seal of this forum on this day 20th May,2016.
Free copies of judgment be delivered to the parties.
(Md.S.Hussain)
President
(Mr.U.N.Deka)
Member
