Present Complaint u/s 12 of the Consumer Protection Act, 1986 is filed by Sri Arka Adhikari, S/o Ramkrishna Adhikari of Rabindra Sarani, P.O., P.S. & Dist.-Bankura over the loss of luggage at Netaji Subhash Chandra Bose International Airport, Kolkata at the “Check in Luggage” counter of the Spice Jet Flight.  On reaching Kolkata Airport, Complainant did not get back his luggage.  Thereafter, a complaint was lodged before the counter of Spice Jet Airline within the Airport premises bearing Complaint No.00779284 dated 16-05-2017.  As a result of loss of the luggage Complainant who is a student failed to appear for interview before a multinational company, because in the luggage there was seven mark sheets along with other valuable articles which was compulsorily needed for that interview.  This affects serious mental and physical agony and monetary loss to the Complainant.  Hence, this  complaint.

     Later on, Complainant contact via e-mail for the said luggage and O.P. No. 2 acknowledge it and paid regret for such inconvenience and inform the Complainant that within fifteen (15) working days they will shipped it to the Complainant address.  Again on 30-05-2017 O.P. 2 via e-mail informed that they have found the Complainant’s luggage and call on him to receive the same after fulfilling the formalities.  On 31-05-2017 Complainant reached to the concern Airport Authority but astonishingly informed the missing luggage has already been sent to the Complainant home address through Post. 

     Although, O.P. 2 did not show any documents for posting of the same.

     At last, Complainant on 11-06-2017, 12-06-2017 and 13-06-2017 contacted for the same issue but no response made from O.Ps side so far.  For the said lost luggage Complainant also informed Superintendent of Police, Bankura and I.C. Bankura P.S.

     The record shows that notice vide regd. post upon O.Ps have been duly served .Track consignment dated 19/07/2017 and 17/07/2017 respectively shows that item delivered.

     But thereafter neither O.P 1 or 2 or their representative appeared before the Ld. Forum not file W/V to contest with the case.

     Finally the case was heard exparte against O.Ps. The complainant files a written petitions praying exparte hearing. After hearing Ld. Advocate for the following points are necessary to discuss for determination of the case.

Points for determination

      1. Whether the complaint is maintainable.

      2. Whether there was any deficiency in service on the part of the O.Ps as alleged.

      3. Whether the complainant is entitled to get compensation as prayed for which is the core issue.

     The complainant is a student and valid consumer of Spicejet Airlines and prayed for relief as stated is his complaint. In notice through e-males it is clear the O.P no-1 supplied the description of luggage but could not provide necessary step to get back the luggage of complainant. At the time of hearing Ld Advocate for the complainant was heard at length. We have also gone through the documents on record. The fact remains undisputedly the luggage of the complainant got misplaced and the same was handled by the men of O.P 1 i.e. Spicejet Airlines, it cannot shrug off  the responsibility in the matter. We find Complainant undertook the journey from Chhanni to Kolkata on goting though the details as provided in the complaint.

     On receipt of the lagguge of the complainant it was the sacrosanct duty of the O.Ps Airline to safely and securely carry the same till the same was delivered to the complainant, which they miserably failed to discharge.

     The complainant unnecessarily suffered harassment, agony, mental tension for such gross deficiency in service.

      Hence, The complainant in our considered opinion is entitled to compensation for deficiency in serves as enumerated under the Consumer Procreation Act.

    Hence, it is

ORDERED

     That the C.C No. 48/2017 be and same is allowed exparte. The O.P no 1 and 2 are jointly and/ or severally directed to pay Rs. 50,000/-(Rupees Fifty Thousand Only) the complainant as compensation.

     O.P no 1 and 2 are also directed to pay Rs. 2000/-(Rupees two thousand only) to the complainant as litigation cost. In default the aforesaid amount (Rs-50,000/-) shall carry simple interest @ 9% for the entire period of default.

     All the above maintained order shall be carried out within 40 days from the date of this order.

     Failing which the complainant shall be at liberty to execute this order as per Law and Procedure.

     Let the plane copy of the Judgment to given to both sides without cost.