30/01/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT       

            This Appeal is directed against the judgment and order passed by Learned District Forum, Barasat, North 24-Paraganas in case no.181 of 2013 allowing the complaint against the OP with cost of Rs.5000/- and directing the OP to pay Rs.20,000/- towards the cost of the lost bag of the Complainant and Rs.10,000/- as compensation for mental agony and harassment. 

            The case of the Complainant/Respondent, in short, is that he purchased air ticket of Air India Ltd. for his journey to Chennai on 17/11/12 and return therefrom on 23/11/12.  He purchased the ticket on payment of Rs.16,944/-.  On the scheduled date he arrived at Dum Dum Airport and took his boarding pass and the luggage was deposited with conveyor belt, but at Chennai he could not find his luggage.  The other members of his team received their luggage.  The Complainant submitted a Property Irregularity Report (P.I.R.) at Chennai Airport.  On 19/11/12 and 23/11/12 he visited Chennai Airport, Luggage Section personally for getting information as to his lost luggage, but to no effect.  On his return to Kolkata on 23/11/12 without having the luggage the Complainant submitted a complaint with the OP No.2.  He also sent two letters through e-mail, but there was no reply.  On 01/02/13 the Complainant received one intimation from the Deputy General Manger (Commercial) wherein the loss of luggage was admitted and the OP proposed to pay compensation upon ascertaining the weight of the luggage at 10 kgs @ Rs.450/- per kg which the Complainant did not agree.  The Complainant has stated about the details of his articles contained in the luggage and the value thereof is more than Rs.60,000/-.  For the said reason, the complaint was filed before the Learned District Forum. 

            The Learned Counsel for the Appellant/OP has submitted that the Complainant boarded the flight, but his luggage was found missing.  It is submitted that there was no declaration at the Airport at the time the luggage was found missing.           It is submitted that the proposal was made to make payment by the Appellant for the weight of 10 kgs @ Rs.450/- per kg.  It is submitted that the Learned District Forum was not justified in passing the impugned judgment and order. 

            The Learned Counsel for the Respondent has referred to the provisions contained in the Carriage by Air Act, 1972 (as amended in 2009).  It is submitted that the loss of luggage as per the provisions of the said Act would be 250 francs per kg.  It is submitted that in view of the Act of 1972 (as amended in 2009) the internal provisions of Indian Airlines approved by its Board of Directors would not be applicable. 

            We have heard the submission made by both sides and perused the papers on record.  Admittedly, the luggage of the Respondent/Complainant was lost by the Appellant and without his luggage he suffered a lot at Chennai.  We found much substance in the submission of the Learned Counsel for the Respondent that in view of the provisions of the Act, namely, Carriage by Air Act, 1972 (as amended in 2009) the internal guidelines adopted by Indian Airlines as to the conditions of carriage would not be applicable.  The Complainant in the complaint has given the list of the articles which were in the bag and having regard to the harassment and mental agony suffered by the Complainant, we are of the considered view that the Learned District Forum was justified in passing the impugned judgment and order. 

            The Appeal is dismissed.  The impugned judgment is affirmed.