By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
Complainant bought a ticket TKT Ref. No. AO211712678 for travelling from Dubai to Calicut on 4/11/2021 in Spicejet Airlines flight No.CSG703 (BOEING 737) , Airlines Ref. No.W7TYHY. While taking the ticket it was noted in the ticket that an adult person can take baggage weighing 40 kg and a cabin baggage weighing 7 kg with him. When the complainant approached Spicejet airlines counter for check in , the opposite party did not allow the complainant to carry the baggage weighing 40 kg with him. They stated that at present, a person can carry 30 kg baggage with him at the time of travelling. But opposite party did not send an E-mail or message to complainant about this before travelling . Neither the complainant received notification nor informed the complainant about the baggage to carry with the passenger was only 30 kg instead of 40 kg. Thereafter opposite party opened the baggages of complainant and removed the 10 kg items from complainant’s baggage even without listening the complainant. The 10 kg items removed by opposite party from complainant’s baggage bought by complainant for his family and relatives which were costly and precious items. Due to the act of opposite party, complainant mentally harassed. Hence this complaint.
2. Claim of the complainant is that he is entitled to get a compensation of Rs. 75,000/-(Rupees Seventy five thousand only) for the deficiency in service on the part of opposite party and there by caused mental agony and sufferings to complainant and the cost of Rs. 5500/-(Rupees Five thousand and five hundred only).
3. On admission of the complaint notice was issued to the opposite party and notice served on them and they did not turn up. Hence opposite party set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and he produced one document which marked as Ext. A1. Ext.A1 is the copy of the confirmed ticket for travelling on 4/11/2021 .
5. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced one document which is very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint.
6. Hence we allow this complaint holding that opposite party is deficient in service.
- The opposite party is directed to pay compensation of Rs. 25,000/-(Rupees Twenty five thousand only) to complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs. 5,000/- (Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 7th day of February, 2022.
