Date of Filing: 09.12.2009<br /> Date of Order: 30.04.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF APRIL 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2911 OF 2009<br /> R.V. Narase Gowda<br /> S/o. Venkataiah<br /> R/at No. 14, 5th Cross Road<br /> Shakthi Ganapathinagara<br /> Basaveshwara Nagar<br /> Bangalore 560 079 Complainant<br /> V/S<br /> 1. Spicejet Limited<br /> Customer Relations Department<br /> No. 319, Udyog Vihar Phase IV<br /> Gurgaon 122016<br /> Haryana State<br /> Rep. by its Managing Director<br /> <br /> 2. Global Air Travels<br /> No. 1036, Panchamantra Main Road<br /> Near SBI Bank, Kuvempunagar<br /> Mysore 570 023<br /> Rep. by its Proprietor Opposite Parties<br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act.<br /> The facts of the case are that complainant traveled through opposite party flight from Bangalore to Delhi on 10.07.2009. He had carried five bags. Weight of all the five bags was 33 kgs. When it reached the collecting counter at Delhi Airport one bag was missing out of five bags. The missing bag is on account of negligent act of the opposite party officials. Baggage Irregularity report is submitted. In the missing bag complainant has kept seven new clothes and used clothes, soapnut powder, charger of camera and cosmetics etc. The approximate cost of the material in the bag was Rs. 21,000/-. The opposite party has sent Rs. 1,320/- through cheque, same is returned to the opposite party. Opposite party is postponing to pay the cost of the missing bag. The complainant claimed Rs. 21,000/- by writing letters to the opposite party. Therefore, the complainant prayed that opposite party be directed to pay Rs. 21,000/- with interest and compensation of Rs. 50,000/-.<br /> 2. The opposite party filed detailed version stating that rights and liabilities of passengers are governed by Carriage by Air Act 1972. The liability for loss of baggage is limited to Rs. 200/- per k.g. with a maximum of Rs. 3000/-. Even if the weight of the baggage is concerned to be maximum of 20 kgs. the maximum liability of the answering opposite party would be Rs. 3,000/- which the opposite party is ready and willing to pay showing good gesture to its valuable clients. The weight of five bags was 33 kgs as such taking average weight of one bag the lost baggage would have weighed not more than 6 kgs. Eventually the compensation payable comes to Rs. 1,200/-. Within 10 days from the date of traveling a cheque dated 17.07.2009 for Rs. 1,320/- had been sent to the complainant. However, same was returned by the complainant. Considering the weight of the baggage to be the maximum, a sum of Rs. 3,000/- was offered to the complainant which was also declined by him. In view of the above said facts the present complaint is without any merits and liable to be dismissed.<br /> 3. Affidavit evidences are filed.<br /> 4. Arguments are heard.<br /> 5. I have gone through the pleadings of the parties and the documents.<br /> 6. There is absolutely no dispute between the parties in respect of loss of one baggage. Admittedly, the complainant has not declared the value of the missing bag. The complainant has produced Baggage Irregularity Report. In this report also the contents of the bag and value of the contents not disclosed. In the absence of non- declaration of value of the contents as per the provisions of Carriage by Air Act, the liability of the opposite party is limited to Rs. 200/- per k.g. with a maximum of Rs. 3,000/-. The complainant himself has stated in the complaint that weight of 5 bags was 33 kgs and admittedly, he has not specified the weight of missing bag. Therefore, the opposite party has taken average weight and considered the weight of missing bag as 6 kgs and accordingly, a cheque for Rs. 1,321/- has been sent to the complainant within 10 days from the date of travel. But, the complainant did not accept the said cheque and returned the same to the opposite party. The opposite party has offered maximum sum of Rs. 3,000/- to the complainant as per the provisions of the Carriage by Air Act. In view of the facts and circumstances of the case and by the provisions of Carriage by Air Act it is not possible to grant Rs. 21,000/- to the complainant for the missing bag, since, the opposite party has come forward to pay Rs. 3,000/- the maximum amount to maintain good relationship between the customers and in order to show good gesture to its valuable clients. This offer of the opposite parties shall have to be accepted as fair, just and reasonable since, under the provisions of Carriage by Air Act there is no scope to grant the amount asked by the complainant. The opposite party No. 1 shall have to be directed to pay Rs. 3,000/- maximum amount payable under provisions of Carriage by Air Act. In addition to this Consumer Forum has got power under the provisions of Consumer Protection Act to grant compensation to complainant for mental agony and inconvenience caused to him for missing of baggage. Missing of baggage really gives mental shock and inconvenience to the travelers. The complainant has to make arrangement to get the clothes and other items kept in the bag. Naturally, he might have suffered inconvenience and mental agony and shock. Therefore, it is just, fair and reasonable to award Rs. 5,000/- as compensation to complainant for mental agony and inconvenience caused on account of missing of baggage. This compensation is nothing to do with the statutory and admissible amount payable by the opposite party under the Carriage by Air Act. The opposite party No. 1 shall be directed to pay Rs. 3,000/- under the provisions of Carriage by Air Act. In addition to this amount the opposite party has to pay Rs. 5,000/- as compensation to the complainant. The complainant being ‘Consumer’ under the Consumer Protection Act which is a social and benevolent legislation intended to protect better interests of the consumers. Therefore, the complaint deserves to be allowed. In the result I proceed to pass the following:<br /> ORDER<br /> 7. The complaint is allowed. The opposite party No. 1 Spice Jet Limited is directed to pay Rs. 3,000/- under the provisions of Carriage by Air Act. In addition to this the opposite party No. 1 is directed to pay Rs. 5,000/- as compensation to the complainant.<br /> 8. The complainant is also entitled for Rs. 1,000/- as costs of the present proceedings from the opposite party No.1.<br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 30TH DAY OF APRIL 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br />