PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)                The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, he was invited to speak at two Sessions at Annual Conference conducted by the International Bar Association from 30^th September, 2012 to 5^th October, 2012 at Dublin Ireland.  He booked business class return ticket from Mumbai to Dublin costing Rs.1,59,246/-.  As there was no direct flight, the ticket was booked on Flight No.LX155 which departed from Mumbai at 00.50 A.M. on 30^th September, 2012 and arrived at Zurich, Switzerland at 06.15 A.M. on 30^th September, 2012.  As the complainant had to catch transit flight from Zurich to Dublin, he requested the representative of the opponent at Mumbai to check in the baggage till Dublin.  Accordingly, two bags were checked in from Mumbai to Dublin.  As there is wait restriction for the overhead luggage, all the necessary and important reading and preparatory material required for the conference were packed in the check in bags.  On arrival at Dublin Airport, it was informed that one of the check in bags was either lost in transit or was arriving late. The complainant immediately registered a complaint with airline office at Dublin. The representative of the airline promised to look into the matter. The complainant was constrained to shop at Dublin for necessities thereby the complainant incurred expenditure. Due to negligence of the opponent, the complainant had to suffer harassment and mental stress. Therefore, the complainant is entitled for compensation of Rs.3,50,000/-.  Notice was issued on 20^th October, 2012 claiming compensation of Rs.15 Lakhs.  As there was no reply, another notice was issued on 21^st February, 2013. As there is no compliance, the complainant has filed this complaint for recovery of Rs.15 Lakhs with interest. He has also claimed compensation of Rs.3,50,000/- towards compensation for mental agony and cost of Rs.50,000/- for legal expenses.

2)                The opponent appeared and filed written statement.  The booking is admitted.  It is also admitted that two bags were checked in by the complainant. At Dublin, the complainant received only one checked in bag and second bag was not reached.  The complaint was lodged by the complainant.  The representative of the opponent informed the complainant that there is delay in transit and the bags will be delivered immediately on arrival.  The bag was delivered on next day i.e. 1^st October, 2012 at 10.30 GMT at Hotel where the complainant was stayed.  The complainant was requested to purchase necessities and was assured to compensate within permissible limit. Notice of the complainant was replied.  The complainant was requested to forward all original bills for expenses incurred by him.  The opponent was willing to reimburse the complainant for the items purchased within permissible limit.  The bag was delivered on next day.  Therefore, the opponent was not liable to pay the amount as prayed by the complainant. Hence, the complaint is liable to be dismissed with cost.

3)                After hearing both the parties and after going through the record, following points arise for our consideration.

POINTS

REASONS

4) As to Point No.1 & 2 :- There is no dispute that business class ticket was booked by the complainant and he had checked in two bags.  There was delay for arrival of the second bag and it was delivered on the next day.  According to the opponent, the complainant was informed to purchase necessities and to forward the original bills for reimbursement.  Copies of bills are produced by the complainant along with affidavit of evidence.  The learned advocate for the opponent has pointed out that out of these bills only two bills are dated 30^th September, 2012 and other bills are dated 2^nd October, 2012 and onward.  The second bag was delivered to the complainant on 1^st October, 2012.  Therefore, the opponent is not liable for the purchase after delivery of the checked in bag.  The first bill is for the amount of 18 (Euro) and the second bill is for 80 (Euro). These bills are for the purchase of necessities.  The complainant was required to purchase necessities due to delay of checked in bag.  The delay was due to negligence of the opponent therefore the opponent is liable to reimburse the bill amount of these two bills.  Another bills produced by the complainant are for 2^nd October, 2012 onwards.  The checked in bag was already delivered on 1^st October, 2012 therefore the opponent is not liable for payment of these bills.

5)                The complainant went to Dublin to attend two Sessions at Annual Conference conducted by the International Bar Association from 30^th September, 2012 to 5^th October, 2012.  According to him, he was invited to speak at two Sessions.  He made preparation and all the papers were kept in the check in bags.  As there was delay, he was again compelled to prepare for speak.  Admittedly, there was delay for second check in bag therefore it is natural that the complainant was required to prepare for speak.   The complainant has produced copy of Conference Programme.  The complainant has claimed compensation of Rs.15 Lakhs and also Rs.3,50,000/- towards compensation for mental agony. The learned advocate for the complainant has placed reliance on the judgment of Hon’ble National Commission in First Appeal No.204 of 2008, in the case of Emirates and M/s.Emirates Airlines –Versus- Dr.Rakesh Chopra, decided on 11^th April, 2013, reported in III(2013) CPJ 500(NC).  In this judgment, checked in bags was missed. The Hon’ble National Commission has held that non delivery of baggage or late delivery of baggage amounts to deficiency in service for which the consumer is entitled for compensation.  In that case, bag was missed therefore compensation of Rs.2 Lakhs was awarded.  In the instant complaint before us, bag was delivered on next day.  Therefore, the complainant is entitled for the compensation.  The compensation claimed by the complainant is excessive.  It should be reasonable.  The complainant could not get his papers in time as those were kept in that bag thereby the complainant suffered from mental agony.  Therefore, the opponent is liable to pay compensation. We think the compensation of Rs.50,000/- will suffice the purpose.  Besides this, the opponent is liable to pay cost of this proceeding Rs.10,000/-.  As discussed above, the complainant is entitled for the reimbursement of the expenses for the purchase of necessities with interest i.e.98 Euro equivalent to Rs.7,650/- approximately.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is partly allowed.
2. The opponent is directed to pay Rs.7,650/- (Rs.Seven Thousand Six Hundred and Fifty Only) to the complainant with interest at the rate of 9% per annum from the date of filing of the complaint i.e. 19^th March, 2013 till realization.
3. The Opponent is also directed to pay Rs.50,000/- (Rs.Fifty Thousand Only) to the complainant  as compensation for mental agony.
4. The Opponent is further directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as cost of this proceeding.
5. The above order shall be complied with within a period of one month from today.
6. Copies of this order be sent to the parties free of cost.

Pronounced on 23^rd December, 2014