<br /> <br /> <br /> By SRI.K. VIJAYAKUMARAN, PRESIDENT.<br /> <br /> This is a complaint seeking to realize the value of the lost baggages compensation and cost.<br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> The complainant and his wife had a journey tour in USA and the return journey from Dallas to Trivandrum. was on 28.7.2004. The Air Tickets for the journey through the Airlines of the 1st and 2nd opp.parties were arranged by the 3rd opp.party. At the time of boarding the Aircrafts at Dallas 28.7.2004 the complainant had entrusted four baggages unlocked as per the direction of the authorities and the said baggages were in the custody of the staff of the Aircraft and it was assured that it will be delivered safely at the end of the journey. The value of items contained in the 4 baggages cost more than Rupees four lakhs. The journey to Dallas was for attending a marriage function of the niece of the complainant’s wife . The complainant’s wife’s sister and family are settled at USA since 1976. A large number of costly presentations were received at the marriage function. Since the bride’s mother was the eldest of an eight member family, she had entrusted the complainant and his wife a good number of costly presentation for being given to other relatives in Kerala. When the flight landed Abudhabi Airport authorities of Air India had informed that one of the baggages with tag No.NW283905was missing and assured that the same would be traced out and delivered. When the complainant completed the journey at Trivandrum on 30.7.2004 it was confirmed that the baggage was missing and the matter was immediately reported to the Air India Authorities at Trivandrum Aiport who issued a property irregularity report with File Reference NO.TRVAI.1880/30 Hyk.04/0927 GMT. The value of items were assessed at US Dollars 1785. The complainant and his wife were suffering immense mental agony on the loss of baggage . It was also known later that some items and records kept in the other three baggages were also missing. The authorities at the Airport had assured of tracing out the lost baggages or in the alternative to pay adequate compensation. But since there was no intimation the complainant contacted the authorities on 25.8.04 . Thereafter the complainant received a registered letter issued by the opp.party requesting to put up the claim along with the passenger property questionnaire and original copies of property irregularity report landing certificate and baggage tag. It was forwarded on 7.9.2004. Thereafter along with a covering letter dated 5.10.2004 the 1st opp.party issued a cheque for Rs.29,094/- stating that it is in full and final settlement of the claim . The amount was arbitrarily fixed and there was nothing to show as to how they arrived at such an amount. It is clear case of deficiency in service. Hence the complaint.<br /> <br /> <br /> <br /> The first opp.party filed a version contending interalia that the complaint is not maintainable either in law on or facts. The complainant is not a consumer within the meaning of under section 2 [d] of the Consumer Protection Act . This Forum has no territorial jurisdiction to entertain the complaint. The complainant’s allegation of the losage of his baggage is during the lap of the flight between Amsterdam and Abudhabi. Hence the liability on this account cannot be fastened to the 1st opp.party and the claim ought to have been made against the 2nd opp.party KLM North –West Airlines. However in order to keep the goodwill and for maintaining good relationships with other Airlines the 1st opp.party made their best efforts to trace the baggage of the complainant. Since the attempt proved to be a futile one the first opp.party decided to settle the claim. The maximum liability of the Airlines towards loss of baggage is 20 US dollars per kilogram unless or otherwise a higher value is declared at the time of check in this case the complainant has not declared any higher value. Hence for 32 Kg at the rate of 20US Dollars were given to him as compensation totaling to 640 US Dollars which comes to Rs.29,094/- . The complainant received the same as full and final settlement and now he challenges for which he was not right. Hence the opp.party prays to dismiss the complaint.<br /> No version is filed by the 2nd opp.party. The 3rd opp.party remained absent and set exparte.<br /> <br /> <br /> The points that would arise for consideration are:<br /> <br /> 1. Whether this Forum has territorial jurisdiction to entertain this complaint. <br /> 2. Whether there any deficiency in service as alleged.<br /> 3. Reliefs and costs.<br /> <br /> <br /> For the complainant PW.1 is examined. Ext. P1 to P8 are marked.<br /> For the opp.party Exts. D1 to D3 are marked.<br /> <br /> Points 1 to 3<br /> <br /> At the very out set it is to be stated that the complainant has received Rs.29,094/- in full and final settlement from the 1st opp.party as per Ext.D1. The complainant has no case in the complaint that the receipt of Rs.29,094/- was with protest. In fact, he has admitted in cross examination at page 2 that Ext.D1 and the cash were received without protest and that no other claim has been preferred by him. The complainant who had accepted Ext.D1 and signed the discharge voucher without protest or any remarks is estopped from raising any further claim and reliance can be drawn from the decision reported in I [1996] CPJ 140 {NC] wherein the National Commission held that once a claim is paid and received in full and final settlement there is no deficiency in service and no relief can be granted under the provisions of the Consumer Protection Act.<br /> <br /> Another contention of the opp.parties is that this Forum has no territorial jurisdiction to entertain this complaint as opp.parties 1 and 2 have no office or branch office at Kollam. It is argued that opp.party 3 has no role in this case. It is further argued that no notice under section 10 of the carriers Act has been given and a complaint filed without giving such a notice is not maintainable. Admittedly opp.parties 1 and 2 have no office of branch office within the jurisdiction of this Forum or the theft of baggage occurred within the jurisdiction of this forum. Opp.parties 1 and 2 are not permanently residing within the jurisdiction of this Forum or personally work for gain here. Therefore as argued by the opp.parties this Forum has no territorial jurisdiction to entertain this complaint.<br /> <br /> It is also worth pointing out in this context that the complainant has no consistent case regarding the value of the goods lost He had admitted that he did not file any declaration regarding the value or weight of the goods in the lost baggage. It is argued by the opp.parties that the complainant says in para 5 of the complaint that the value of the lost goods is 2 lakhs, in para 6 and in the relief portion it is stated that the value is 3 lakhs and in the reply to the questionnaire given by opp.party 1 it is stated that the value would come to 1785 U.S dollars. As a matter of fact no satisfactory explanation is offered for this discrepancy. The learned counsel for opp.party 1 submitted that the maximum liability towards loss of baggages in cases where the value is not declared is 20 US dollars per kilogram and accordingly for 32 Kilogram, which a passenger is allowed to carry, 640 US dollars was awarded as compensation and on conversion it comes to Rs.29,094/- PW.1, infact, admitted that he did make any declaration regarding the value of the goods lost. In the absence of any cogent materials it cannot be said that the compensation awarded is insufficient. Apart from that PW.1 has accepted this sum as full and final settlement. For all that has been discussed above we find that there is no deficiency in service on the part of the opp.parties. Point found accordingly.<br /> <br /> <br /> In the result the complaint fails and the same is dismissed. No costs.<br /> <br /> <br /> Dated this the 16th day of May, 2008.<br /> <br /> <br /> I n d e x<br /> <br /> List of witnesses for the complainant<br /> PW.1. – T.V. Joseph<br /> <br /> List of documents for the complainant<br /> P1. - Letter dated 25.8.2004 issued by complainant.<br /> P2. – Postal receipts<br /> P3. – Copy of passenger property questionnaire<br /> P4. – Copy of property irregularity report.<br /> P5. – Copy of letter dt. 23.8.2004 issued by 1st opp.party.<br /> P6. - copy of reply letter dt. 7.9.04 issued by complainant.<br /> P7. – Copy of post receipt<br /> P8. Copy of Lr. dt. 5.10.2004 issued by Accounts Manager, Air India Ltd.<br /> <br /> List of witnesses for the opp.party: : NIL<br /> <br /> List of documents for the opp.party<br /> D1. – Letter sent by Airport Manager, to the complainant<br /> D2. – Passenger ticket and Baggage check<br /> D3. – Time table.<br /> <br />