Date of filing : 11/04/2014
Order no. 15
The case of the complainant in brief is that the complainants purchased 3 air tickets jointly from the o.p.s 1, 2, 3 for travelling by air from Guwahati to Agartala on 13/11/2011. The complainants after availing of the boarding pass handed over three bags, two of them were trolley travel bags and the rest one was rook sack. The said flight left Guawahati airport at 11.30 a.m. and reached Agartala airport at about 12.05 p.m. After getting down from the plane the complainant collected two bags out of three and one trolley bag was found missing. The complainants thereafter informed the said fact to the Agartala airport management authority and lodged property irregularity report on 13/11/2013. The complainant thereafter pursued the matter but no effective step was taken by the o.p.s. Ultimately complainants sent a lawyer’s notice since no action was taken on the part of the o.p.s the complainants filed this case praying for direction upon the o.p.s to pay Rs. 17,470/- to the complainants for the cost of loss of articles containing in the said missing travel bag and also compensation of Rs. 1,00,000/- and Rs. 50,000/- for litigation cost.
O.p.s contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainants by suppressing material facts filed this case. It was further stated that as per the condition of carriage which constitutes a binding contact between the complainants and the o.p.s. All the bookings generated for Indigo flight are governed by Indigo Fair Rules and Conditions of carriage. The relevant terms of the conditions of carriage and as per 16.4 of the regulation deals with the damage to baggage “liability for loss, delay or damage to baggage is limited under the provisions of sections 4.5.6 of regulations and the rules contained in the second schedule of the carriage by Air Act, 1972 with certain exceptions, adaptations, modifications etc. as notified by the Ministry of Civil Aviation, Government of India and as amended from time to time. Indigo’s liability for loss or damage to baggage is limited to Rs. 200/- per kg. with a maximum of Rs. 3,000/- only ; however, Indigo assumes no liability or perishable articles”. The passengers are strongly advised not to check in such items as baggage which by their very nature is valuable and fragile. If such items are checked in as baggage, passengers send for carriage of such items at their own risk. In view of the facts and circumstances stated above the o.p.s prayed for the awarding of the compensation if at all the complainants will be entitled to get to the tune of Rs. 3,000/- only.
On the basis of the pleadings of the respective parties following points are to be decided :-
- Whether the complainants availed the Indigo flights on the relevant date ?
- Whether out of three baggage one bag was lost ?
- Whether there was any deficiency in service on the part of the o.p.s ?
- Whether the complainants will be entitled to get the relief as prayed for ?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that the complainants purchased 3 air tickets jointly from the o.p.s 1, 2, 3 for travelling by air from Guwahati to Agartala on 13/11/2011. The complainants after availing of the boarding pass handed over three bags, two of them were trolley travel bags and the rest one was rook sack. The said flight left Guawahati airport at 11.30 a.m. and reached Agartala airport at about 12.05 p.m. After getting down from the plane the complainant collected two bags out of three and one trolley bag was found missing. The complainants thereafter informed the said fact to the Agartala airport management authority and lodged property irregularity report on 13/11/2013. The complainant thereafter pursued the matter but no effective step was taken by the o.p.s. Ultimately complainants sent a lawyer’s notice since no action was taken on the part of the o.p.s the complainants filed this case praying for direction upon the o.p.s to pay Rs. 17,470/- to the complainants for the cost of loss of articles containing in the said missing travel bag and also compensation of Rs. 1,00,000/- and Rs. 50,000/- for litigation cost.
Ld. Lawyer for the o.p.s argued that the complainants by suppressing material facts filed this case. It was further stated that as per the condition of carriage which constitutes a binding contact between the complainants and the o.p.s. All the bookings generated for Indigo flight are governed by Indigo Fair Rules and Conditions of carriage. The relevant terms of the conditions of carriage and as per 16.4 of the regulation deals with the damage to baggage “liability for loss, delay or damage to baggage is limited under the provisions of sections 4.5.6 of regulations and the rules contained in the second schedule of the carriage by Air Act, 1972 with certain exceptions, adaptations, modifications etc. as notified by the Ministry of Civil Aviation, Government of India and as amended from time to time. Indigo’s liability for loss or damage to baggage is limited to Rs. 200/- per kg. with a maximum of Rs. 3,000/- only ; however, Indigo assumes no liability or perishable articles”. The passengers are strongly advised not to check in such items as baggage which by their very nature is valuable and fragile. If such items are checked in as baggage, passengers send for carriage of such items at their own risk. In view of the facts and circumstances stated above the o.p.s prayed for the awarding of the compensation if at all the complainants will be entitled to get to the tune of Rs. 3,000/- only.
Considering the submissions of the respective parties it is an admitted fact that complainants availed the Indigo flight for travelling by air from Guwahati to Agartala on 13/11/2011. The complainants after availing of the boarding pass handed over three bags, two of them were trolley travel bags and the rest one was rook sack. The said flight left Guawahati airport at 11.30 a.m. and reached Agartala airport at about 12.05 p.m. After getting down from the plane the complainant collected two bags out of three and one trolley bag was found missing. From the materials on record it appears that after reaching Agartala airport the complainants noticed that one bag was missing and they reported the matter to the airport authority. The complainants in order to prove the said fact filed some documents including the copy of E-tickets as well as other documents. The o.p.s did not deny that the complainants did not travel in the said flight or the bag was found lost. So far as the quantum of the damage as claimed by the complainants that the complainants suffered financial loss due to the loss of the bag to the tune of Rs. 17,470/- but as per the 16.4 of the regulation deals with the damage to baggage “liability for loss, delay or damage to baggage is limited under the provisions of sections 4.5.6 of regulations and the rules contained in the second schedule of the carriage by Air Act, 1972 with certain exceptions, adaptations, modifications etc. as notified by the Ministry of Civil Aviation, Government of India and as amended from time to time. Indigo’s liability for loss or damage to baggage is limited to Rs. 200/- per kg. with a maximum of Rs. 3,000/- only ; however, Indigo assumes no liability or perishable articles. Accordingly we hold that though the complainants claimed the amount of Rs. 17,470/- but maximum amount in case of loss of bag the complainants will be entitled to get Rs. 3,000/-. Since the complainants had to file this case for compensation for deficiency in service and from the materials on record it appears that the bag was lost due to fault on the part of the Indigo Airlines as such the complainants will be entitled to get compensation.
Thus all the points are disposed of accordingly.
Hence, it is ordered,
that the case no. 264 of 2014 is allowed on contest with cost against the o.p.s. The o.p.s are jointly and/or severally directed to pay Rs. 3,000/- (Rupees three thousands) only and compensation of Rs. 2,000/- (Rupees two thousands) only as well as litigation cost of Rs. 1,000/- (Rupees one thousand) only within 30 days from the date of communication of this order, i.d. an interest @08% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
