Tripura

West Tripura

CC/15/2017

Miss. Natalia Datta. - Complainant(s)

Versus

The Interglobe Aviations Limited (Indigo). - Opp.Party(s)

Self

22 Mar 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-  15   of  2017

Miss Natalia Datta,
D/O- Sri Anil Datta,
Manipuri Para, Barjala, 
Agartala, West Tripura.        .........Complainants.

             ___VERSUS___

The Interglobe Aviations Limited(Indigo),
Global Park, Gurgaon 122002,
Haryana, India.            …..........Opposite party.

 

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

For the complainants    : In person.
                     
For the O.P.             : Sri Kaushik Deb,
                  CSE, Indigo Interglobe Aviation Ltd.
                    

     
                             
        JUDGMENT  DELIVERED  ON: 22.03.2017

J U D G M E N T
              Complainant is present. No step taken by the O.P. Heard argument and the judgment given as follows.        
        Petitioner Natalia Datta  submitted the petition U/S 12 of the Consumer Protection Act alleging about the deficiency of service, negligence by Indigo Airlines. Her case in short is that she purchased a ticket for journey from Jaipur to New Delhi. She also purchased connecting flight from New Delhi to Agartala. Her luggage was booked at Jaipur and the Indigo Airlines booked it with the Spicejet for transmission of the luggage to Agartala. But the Indigo was late and when the petitioner reached Delhi Indigo flight Spicejet already left for Agartala. Petitioner asked the Indigo authority for her luggage. But the Indigo staff did not help her. Did not find out the luggage and assured that luggage already sent to Agartala. But at Agartala luggage was not available. She made her claim to the Indigo authority for getting the luggage. Indigo authority did not help her and offered cost of the luggage Rs.300/- per Kg. She refused to accept it. She refused to accept Rs.4550/- for 13 kg luggage and filed this case claiming Rs.50,000/-. 
        
        Notice upon the Indigo was sent after filing of the case. O.P. Indigo appeared subsequently remained absent and filed no written objection. So, case proceeded exparte. Exparte evidence of Natalia Datta was recorded. She produced some documents. Airtickets, luggage tag, boarding card of both Spicejet and Indigo, Email, communication and also communication of Indigo. 

        We have gone through all the documents and evidence recorded. From the correspondence made by the petitioner it is found that she purchased the ticket for journey from Jaipur to Delhi flight No- 6E 606 of Indigo Airways. The flight was late but the Indigo staff was aware about it. Inspite of it they transferred the luggage at new Delhi. Indigo staff did not help her to get back the luggage. Certainly when the person was not available luggage was not taken by Spicejet and it was left at Delhi airport. As the flight was late so Spicejet staff supposed to collect it and could hand over the same to the petitioner. But it was not done. We have gone through the Email communication by Spicejet with the petitioner on 10.01.16. In that communication it is written that as per the records one bag weighing 13 kg was reported missing. So, they offered monetary compensation Rs.4550/-. It was informed that Indigo's liability for any loss of damage to baggage is limited to INR 350 per kg. 
            Petitioner in her evidence stated that she supposed to avail  Spicejet flight for journey from Delhi to Agartala. Indigo Airlines assured her that the luggage will be booked in the Spicejet for safe transmission of the same to Agartala. Accordingly luggage tag was given. Luggage tag produced before us. But Indigo flight was late for fog. So she arrived at Delhi at 10.45 hrs. In the meantime flight of Spicejet airlines left at 10.20 hrs. So, she could not avail the flight. She was not allowed to check the belt to get her luggage. Indigo assured that the luggage would be sent to Agartala safely. She also stated that she had dress, imitation jewelery inside the trolley bag and she suffered but Indigo offered Rs.4550/-. On scrutiny of the evidence given by the petitioner it is found that Indigo was not responsible for the late fly of the aircraft. It is revealed from her evidence that due to fog the flight was late. For the act of God Indigo was not responsible. For such late arrival at Delhi she could not avail to Spicejet flight scheduled to fly at 10.20 hrs. Spicejet also have no fault. As it flied in the scheduled time. But Indigo staff did not help her to get the luggage which was booked with the Spicejet. She was not allowed to check the belt. Luggage was definitely left at Delhi airport but it was not searched. This is deficiency of service by the Indigo staff. Petitioner for this late flight had to stay at Delhi for 2 days and thereafter she got the ticket for journey to Agartala. She suffered mental agony and inconvenience because of the late flight. But Indigo can not be made responsible for it as due to fog the flight was late. Petitioner was entitled to get the luggage that was booked by Indigo with the Spicejet but its staff did not help her to get it. This is deficiency of service. Indigo authority admitted it and offered only Rs.4550/-. 
    
            Petitioner in the luggage had Silk saree worth Rs.8000/-, Jaipuri Shiffon Saree Rs.1500/-, Salwar Kameez Rs.2000/-, shoes Rs.2000/-, leather jacket Rs.5000/-, jeans Rs.3000/-, cost of luggage Rs.3800/-. She claimed jewelery Rs.20,000/- but she is not supposed to carry jewelery. So for jewelery she is not entitled to get any amount. For other items she suffered loss of Rs.22,000/- for 13 kg luggage. There is no rule that she is only entitled to get Rs.350/- per kg. In our considered view she is entitled to get Rs.22,000/-, again Rs.5000/- for mental agony and sufferings and Rs.3000/- for litigation cost. She claimed this Rs.30,000/- which is justified. 
        
        We therefore, direct O.P., Indigo to pay Rs.30,000/- for the cost of luggage, mental agony and sufferings, cost of litigation. The payment is to be made within one month, if not paid it will carry interest @ 9% P.A.    
                                   
                    Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.