Tamil Nadu

South Chennai

CC/23/2014

S.Dhinakara Sundar. Sundar Dinakara - Complainant(s)

Versus

Spice Jet Ltd., - Opp.Party(s)

S.Rajeshkumar

07 Aug 2018

ORDER

                                                                        Date of Filing  : 16.04.2013

                                                                          Date of Order : 07.08.2018

 

DISTRICT CONSUMER DISPUTES 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

 

C.C. No.23/2014

DATED THIS TUESDAY THE 07^TH DAY OF AUGUST 2018

                                 

S. Dhinakara Sundar @ Sundar Dinakara,

S/o. Dr. V.S. Subramaniam (Late),

No.10, Veerachetty Street,

Pulanthope,

Chennai – 600 012.                                                       .. Complainant.                                                         ..Versus..

 

1. The Manager,

Spice Jet Limited,

No.319, Udyog Vihar, Phase – IV,

Gurgoan,

Haryana.

 

2. The Manager,

Spice Jet Limited,

Murasoli Maran Towers,

No.73, MRC Nagar Main Road,

MRC Nagar,

Chennai – 600 028.                                            ..  Opposite parties.

          

Counsel for complainant           :  M/s. R. Rajesh Kumar

Counsel for opposite parties    :  M/s. M. Sneha & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.10,000/- towards damages to the luggage and to pay a sum of Rs.2,00,000/- towards compensation for mental agony, negligent act of losing, lethargic and deficiency in service.

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

The complainant submits that the checked in baggage of the complainant was found missing during the journey from New Delhi to Chennai on 29.10.2012.  After one week from the date of travel, the baggage was  handed over to the complainant in a damaged condition.  The main handle of the trolley was broken, some important documents like Certificates, Letters were found missing. Immediately, the complainant launched baggage irregularity report bearing No.8489 to the authorities.  The complainant reported such damage to the opposite parties and claimed due compensation.  Since the opposite parties has not come forward to compensate the complainant was constrained to issue legal notice dated:05.01.2013 for which, the opposite parties sent a reply dated:25.01.2013 with untenable contentions.  Further the complainant submits that due to the loss of certificate, letters and documents etc., the complainant was not able to attend the job interview resulting huge damages.  The act of the opposite parties caused great mental agony.  Hence this complaint is filed.

2.     The brief averments in the written version filed by the  opposite parties is as follows:

The opposite parties specifically deny each and every allegation made in the complaint and puts the complainant to strict proof of the same.    The opposite parties  state  that  the opposite parties’ Airlines strictly advised their passengers to remove all valuable items (cameras, jewellery, money, electronics, perishables, medicine, important documents etc.) from check-in  luggage baggage and in case of violation of such strict conditions,  the opposite parties is not liable for any compensation.  Further the opposite parties state that the missing baggage was traced and handed over to the complainant on 01.11.2012 in a good condition.  The allegation of damages to the  baggage and missing of certificates and other articles are imaginary and are created only for the purpose of claiming compensation.  The compensation claimed is imaginary and exorbitant.   Therefore, there is no deficiency in service on the part of the opposite parties.  Hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Inspite of sufficient time is given, the opposite parties has not come forward to file their proof affidavit to prove the contentions raised in the written version.  Hence it is concluded as ‘No Proof Affidavit of Opposite parties’.

4.     The points for consideration is:-

1. Whether the complainant is entitled for a sum of Rs.10,000/- towards  damages to the checked baggage as prayed for?
2.  Whether the complainant is entitled for a sum of Rs.2,00,000/- towards mental agony, negligent act of losing, lethargic and deficiency in service as prayed for?

5.     On point:-

The opposite parties has not filed any proof affidavit to prove the contentions raised in the written version.  Heard the complainant’s arguments.  Perused the records namely complaint, written version, proof affidavit of the complainant and documents.  The learned Counsel for the complainant would contend that the checked in  baggage of the complainant was found missing during the journey from New Delhi to Chennai on 29.10.2012 is admitted.  Ex.A1 is the Boarding Pass and Tag.  After one week from the date of travel, the baggage was  handed over to the complainant in a damaged condition but no record like photograph etc.   Further the contention of the complainant is that the main handle of the trolley was broken, some important documents like Certificates, Letters were found missing.   The complainant also issued legal notice as per Ex.A3.  Further the complainant launched baggage irregularity report bearing No.8489 to the authorities as per  Ex.A2.  The complainant reported such damage to the opposite parties and claimed due compensation without any authorised inventry.  Since the opposite parties has not come forward to compensate the loss; the complainant was constrained to issue legal notice dated:05.01.2013 as per Ex.A3 for which the opposite parties sent a reply dated:25.01.2013 with untenable contentions.  Further the contention of the complainant is that due to the loss of certificate, letters and documents etc., the complainant was not able to attend the job interview resulting huge damages.  But the complainant has not produced any record to prove such loss of employment. The complainant is claiming a sum of Rs.10,000/- towards the damages to  baggage and a sum of Rs.2,00,000/- towards compensation for mental agony.  But the complainant has not produced any record to prove such huge claim.   

6.     The contentions raised by the opposite parties  in their written version is that the opposite parties’ Airlines strictly advised their passengers to remove all valuable items (cameras, jewellery, money, electronics, perishables, medicine, important documents etc.) from check-in  luggage baggage and in case of violation of such strict conditions,  the opposite parties is not liable for any compensation.  Further the opposite parties pleaded in their written version that the missing baggage was traced and handed over to the complainant on 01.11.2012 in a good condition.  The allegation of damages to the  baggage and missing of certificates and other articles are imaginary and are created only for the purpose of claiming compensation.  The complainant has not produced any record to prove such damages even photographs.  The compensation claimed is imaginary and exorbitant.  But the opposite party has not filed any proof affidavit and documents to prove the above said allegations.  On the other hand, it is admittedly proved that the checked in baggage was found missing and was traced out only on 01.11.2012 in a damaged condition.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties shall pay a sum of Rs.10,000/- towards damages in the checked in baggage with a compensation of Rs. 10,000/- with cost of Rs.5,000/-.

  In the result, this complaint is allowed in part.  The  opposite parties 1 & 2  are jointly and severally liable to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards damages in the checked in baggage with a compensation of Rs.10,000/- (Rupees Ten thousand only) towards mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The above amounts 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 Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 07^th day of August 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

		Boarding Pass and Tag – Original
		Baggage irregularity report – Original
		Legal Notice issued by the complainant’s Counsel to the opposite parties with postal receipt– Office copy
		Reply notice issued by the opposite parties’ Counsel to the complainant’s Counsel - Original

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  NO PROOF AFFIDAVIT

                           

MEMBER –I                                                                      PRESIDENT