By Smt. C.S. Sulekha Beevi, President,
1. Complainant was a passenger in Air India Flight No.A1 962 and travelled from Jeddah to Calicut on 13-11-2007. He paid 150 SR for bringing 10kg of excess baggage which was entrusted with
first opposite party. This baggage was not delivered to him. That the baggage contained articles worth Rs.16,950/-. Complainant alleges deficiency in service and hence this complaint.
2. First opposite party filed version admitting that complainant was a passenger in the said flight. Opposite party also admits that complainant had entrusted for carriage 10kg of excess baggage by paying 150 SR. It is submitted that complainant ha snot produced the copy of passenger ticket to verify the allegations. That the number of baggages and total weight can be seen from the ticket and in the absence of the passenger ticket coupon it is difficult to ascertain facts. That complainant admits taking delivery of 52kgs of baggage from first opposite party at Kozhikkode Airport. As a passenger he is entitled to carry 40kgs only. Over and above complainant carried 10kg by paying excess charges. That therefore the total weight carried by complainant would be 50kgs. That from the records it appears that complainant has taken delivery of 52kgs, and therefore the liability of opposite party is discharged. Opposite party denies that the baggage contained articles worth Rs.16,950/-. That there is no negligence or deficiency in service on the part of opposite party. The liability if any is limited as per the liability clause printed on the ticket and the Rules and Regulations of the WARSAW convention. That complainant is not entitled to any reliefs.
3. Second opposite party has filed version stating that carriage of baggage is not within the purview of second opposite party. That second opposite party has no responsibility over the baggages handled by Airlines.
Evidence consists of the affidavit filed by complainant and Exts.A1 and A2 marked for him.
First opposite party filed counter affidavit. No documents marked for opposite parties. Second opposite party has not filed any counter affidavit. Either side has not adduced any oral evidence.
5. Complainant is aggrieved that 10 kgs of his baggage entrusted with first opposite party while travelling from Jeddah to Calicut was not delivered to him by first opposite party. Admittedly opposite party has issued property irregularity report on recovering complaint of loss of baggage. Ext.A1 is the excess baggage ticket which shows that complainant paid 150 SR for 10kgs of excess baggage. Ext.A2 is the property irregularity report. As per Ext.A2 it is seen that complainant entrusted three baggages out of which only two baggages were delivered to him. Opposite party does not have a case that the 10kg baggage for which excess charges were paid was delivered to the complainant. Only because of non-delivery of this baggage, Ext.A2 property irregularity report was issued to the complainant by first opposite party. Ext.A1 and A2 together with the affirmation in the affidavit proves the case of complainant that opposite party failed to deliver 10kg of baggage to him. Non-delivery of baggage amounts to deficiency in service. We find first opposite party deficient in service. Second opposite party has stated that they have no responsibility with the baggage entrusted with airlines and hence exonerated from liability.
6. Complainant contends that the baggage contained articles worth Rs.16,950/-. Apart from the vague affirmation there is no evidence to support this claim and hence untenable. Opposite party states that the liability if any is limited to the terms and conditions printed on the ticket. As per these conditions complainant is entitled to compensation of 20USD per kg. Of the lost baggage. Thus we
hold that complainant is entitled to 200 USD as compensation. Surely the complainant will have undergone much mental pain and hardships due to the loss of baggage. We consider that an amount of Rs.6,000/- towards mental agony together with cost of Rs.2,000/- in addition to the above amount of 200 USD will serve justice to the complainant.
7. In the result, we allow the complaint and order that first opposite party shall pay 200 USD or equivalent Indian rupees, and Rs.6,000/- (Rupees Six thousand only) towards mental agony together with costs of Rs.2,000/-(Rupees Two thousand only) to the complainant within one month from the date of receipt of copy of this order. The exchange rate prevailing on the date of order shall be applicable to both sides.
Dated this 31st day of March, 2009.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 and A2 Ext.A1 : Excess baggage ticket issued by opposite party to complainant. Ext.A2 : Copy of the Property irregularity report by opposite party to complainant. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI
......................MOHAMMED MUSTAFA KOOTHRADAN | | 
