Tripura

West Tripura

CC/60/2016

Siddhartha Sankar Deb Roy. - Complainant(s)

Versus

SPICEJET LIMITED & Others - Opp.Party(s)

Self

23 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC-   60 of 2016 

Sri Siddhartha Deb Roy,
S/O- Sri Parimal Deb Roy,
Quarter No- B-102, ONGC South Colony,
Tripura Asset, Agartala.            ...…..…...Complainant.

         VERSUS

1. Spicejet Limited,
319, Udyog Vihar, Phase -IV, 
Gurgaon-122016, 
Hariyana, India.

2. Spicejet Limited,
Rajib Gandhi International Airport, 
Samsabad, Hyderabad-501218.

3. Spicejet Limited,
Agartala Airport, Narsinghgarh, 
Agartala- 799009.                ..............Opposite parties.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

    For the Complainant        : Complainant in person.

                          
    For the O.P.                 : Pankaj Deb,
                          Authorized Representative 
                          of the O.P., Spicejet.

        JUDGMENT  DELIVERED  ON:  23.11.2016

J U D G M E N T
        This case arises on the petitioner filed by one Siddhartha Sankar Deb Roy U/S 12 of the Consumer Protection Act. He being the lawful guardian of his minor son consumer filed this case against the Spicejet. The fact of the case in short is that his minor son Agni Tapas Debroy travelled by Spicejet flight no-SC 674 from Hyderabad to Kolkata and from Kolkata to Agartala by flight no-SG 263. After reaching Agartala he found his luggage missing at Agartala Airport. He made contact with the Spicejet authority at Agartala. They assured to return the luggage within 7 days. But ultimately failed. Spicejet then offered Rs.3,000/- compensation for the lost luggage. Petitioner refused to receive the same & filed this case stating that total cost of belongings in the suitcase was Rs.82,156/-. He claimed total Rs.2 lakhs as compensation. 
    
        O.P. Spicejet appeared, filed W.S denying the claim. It is stated that liability of the Spicejet authority is limited for lost bag. As per rules they can pay only Rs.3,000/- at best and accordingly it was offered. Petitioner is not supposed to keep valuable articles in the luggage. But he did it knowing fully that Airlines is not responsible for payment or loss of valuables. 

        On the basis of contention raised by both the parties following points cropped up for determination;
        (I) whether the petitioner lost his luggage and suffered a huge loss?
        (II) Whether the petitioner is entitled to get the compensation as claimed?
    
        Claimant petitioner produced copy of baggage  irregularities report, correspondence letters, description of articles, vouchers etc. Petitioner also produced statement on affidavit of complainant, Siddhartha Sankar Deb Roy.
    
        O.P. on the other hand produced statement on affidavit of Pankaj Deb, Supervisor. 
    
        On the basis of evidence on record we shall now determine the above points.

    Findings and decisions:
        The fact of missing luggage & briefcase is admitted. Supervisor of the Spicejet stated that the weight of the lost baggage was 5 kg. It was declared lost and as per their rules compensation Rs.3,000/- was offered. The son of the petitioner boarded the Spicejet at Hyderabad & came to Agartala and found that suit case was missing. This is admitted fact need not to be proved. We have gone through the correspondence made and also baggage irregularities report. The weight of the bag is written 5 kg in that report. Several correspondence was made with the Spicejet and finally it was declared lost. Spicejet authority then offered Rs.3,000/- as per their rules. The petitioner produced the description of article. It is stated that the value of the suitcase was Rs.10,000/- and there was books inside it. Its value was Rs.21,206/-, one camera was inside, its value Rs.34,100/-, one watch valued Rs.250/-. Track suit, school dress, blazer and tie, pillow, school shoe, total article valued Rs.82,156/-.

        O.P. referred the decision of the National Commission in Revision Petitioner No- 3215 of 2014. As per regulation of the Spciejet clause 14 Spicejet highly recommended that you remove all valuables(cameras, jewelery, money electronic goods, medicine from the check-in luggage and place in their carry-on. Spicejet will not be  responsible for these items. In case passenger decides to carry this valuables against the advise they will  do this on their own risk and spicejet will not be responsible. Carriers liability for loss as per that rule maximum is Rs.3,000/-. 

        In this case, against the advise of Spicejet, son of the petitioner carried valuables like electronic goods, camera, watch, cash. So, petitioner carried this on his own risk against the advise. Petitioner is not entitled to get compensation for this articles. From the evidence on record it is transpired that there was deficiency of service by the Spicejet. They have taken the briefcase at Hyderabad Airport and promised to deliver the same at Agartala airport. Due care was not taken in handing over the same at Agartala airport. The son of the petitioner performed the journey on 21.4.16 from Hyderabad to Agartala. Definitely he was harassed when the luggage was found missing. He waited for 7 days to get back the luggage but Spicejet  failed to deliver the same. This is deficiency of service by the Spicejet. It is true that petitioner is not entitled to get cost of the valuables but for the deficiency of service petitioner is entitled to get compensation.

        In our considered view petitioner might have carried some goods, dress, shoe i.e., essentials articles. The value of the suitcase is considered Rs.5,000/-, the value of the books is considered Rs.5,000/-, value of the dress is also considered Rs.5,000/-. In total cost of articles and suit case are considered as Rs.15,000/-. Petitioner suffered mental agony due to deficiency of service of Spicejet. For that he is entitled to get Rs.5,000/-, another Rs.5,000/- is given as litigation cost. We consider that Rs.3,000/-  as offered by the Spicejet was minimum and it is very less considering the loss of the petitioner. We therefore, direct Spicejet to pay compensation amounting to Rs.25,000/- to the petitioner for deficiency of service, cost of articles and litigation cost. Amount is to be paid within 2 months if not paid it will carry interest @ 9% P.A.     

                          Announced.

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.