D.O.F. 04.04.2012
D.O.O. 25.01.2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. Sona Jayaraman K. : Member
Sri. Babu Sebastian : Member
Dated this the 25th day of January, 2014.
C.C.No.108/2012
Thekkumbath Reetha Sadanandan
Flat No. D-4, Summer Field Apartment, : Complainant
Gokale Road, Kannur-1
(Rep. by Adv. P.P. Mubashirali)
1.The Manager
Air India Office
Calicut International Airport
Airport P.O., Karipoor : Opposite Parties
Malappuram District
(Rep. by Adv. K. Vinod Raj)
2. Air India Ltd.,
Eroth Centre, 5/2521
Bank Road, Calicut – 1.
O R D E R
Smt. Sona Jayaraman K., Member
This is a complaint filed under Section 12 of Consumer Protection
Act to direct the opposite parties to pay `1,00,000 towards the value of goods in the lost baggage and `50000 towards compensation.
The case of the complainant in brief is as follows. The complainant has travelled from Sharjah to Calicut by Air India Flight with luggage. On her arrival at Calicut airport she doesn’t receive her baggage and she couldn’t traced out her checked-in-luggage. The luggage was having 18 Kg in a carton box which contains valuable items. After elaborate search it was confirmed that the luggage has been missing. So the complainant reported the loss of luggage in a written Performa with the staff of opposite party and the staff prepared a property irregularity report. Although complainant submitted a written application for claim for lost baggage on 25.06.2011, no response was there from the part of opposite parties. The complainant has not received her lost bag. Hence this complaint.
After receiving the complaint Forum sent notice to opposite party. After appearance opposite party filed version with a plea of non-joinder of necessary parties. So opposite party No.2 was impleaded by the complainant and 2nd opposite party also filed version.
As per the version of 1st opposite party, their case is that the complainant had arrived at Calicut with total 80 Kgs luggage of which she received only 65 Kgs when she reached Calicut. So the missing luggage would only weigh upto 15 Kgs and not 18 Kgs as stated in the complaint. According to 1st opposite party as per procedure and law if a passenger is bringing valuable items from a foreign country, then he must declare in writing the items in his possession before boarding the flight in the prescribed form and in this case there was no such declaration. So the complainant has not come before the Forum with clean hands and no documents also produced to prove their contention. Hence the complainant is not entitled to get any compensation and the complaint is liable to be dismissed.
The 2nd opposite party has adopted the contentions of 1st opposite party and they have no separate case. The evidence in this case consists of documentary evidence, ie Ext.A1 to A4. Both parties have not adduced oral evidence.
Now the main question to be considered is whether there was any deficiency in service from the part of opposite party. If yes, what is the remedy.
Admittedly complainant was travelling from Sharjah to Calicut. Ext.A2, the property irregularity report proves that a baggage was missing and the complainant has filed complaint on 25.06.2011 itself. Ext.A4 document is the claim for missing luggage lodged by complainant. In the version of 1st opposite party, they admits that a bag was missing during the journey of complainant and she was received only 65 Kgs whereas she has brought with her a total of 80 Kgs. So it is proved that a bag of complainant was missing from the custody of opposite party and this shows gross negligence and deficiency in service.
Now regarding the value of contents in the bag, there is no evidence before this Forum. According to the complainant she came for participating in the marriage of her son and she has brought valuable dresses and cosmetics for that purpose in the lost baggage. As the complainant has not adduced any oral evidence there is nothing before this Forum to prove her contentions. Although Ext.A4 is the claim lodged by complainant, it is not supported with any corroborating evidence. The complainant has not produced any documents to show that the she came to attend her son’s marriage. No invitation letter is seen produced. Although deficiency in service is proved no evidence is before us to show the loss alleged to be sustained by the complainant. Mere lodging of claim will not prove the contention. As deficiency in service is proved we are of opinion that complainant is entitled to get an amount of `5000 towards compensation along with litigation cost of `500 from the opposite parties. Hence order passed accordingly.
In the result, the complaint is partly allowed, directing the 1st and 2nd opposite party to pay an amount of `5000 (Rupees Five Thousand only) towards compensation along with litigation cost of `500 (Rupees Five Hundred only). The opposite parties shall comply the order within one month from the date of receipt of this order, failing which the complainant is at liberty to execute the order after the expiry of 30 days as per the provisions of the Consumer Protection Act.
Dated this the 25th day of January, 2014.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Copy of passport of the complainant.
A2. Copy of property irregularity report issued by OP.
A3. Copy of air ticket.
A4. Copy of claim application submitted to the OP.
Exhibits for the opposite party
Nil
Witness examined for the complainant
Nil
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
