By Smt. C.S. Sulekha Beevi, President,<br /> <br /> <br /> 1. Facts in brief:-<br /> Complainant travelled from Sharjah to Calicut on 23-8-07 in Indian Airlines Flight IC-589. On arrival at Calicut Airport his baggage was missing. Opposite party issued a property irregularity report to the complainant. Complainant had worked in Sharjah for about 2 years and was returning after cancellation of his visa. Therefore he was carrying valuables, sentimental articles and luggage entrusted by friends in the missing baggage. The contents of the baggage are detailed in the complaint <br /> <br /> <br /> and the value of these items is Rs.73,000/-. Opposite party had intimated him that they were willing to give Rs.640/- per kg. as compensation which the complainant was not ready to accept. He alleges deficiency in service and hence this complaint.<br /> <br /> 2. Opposite party filed version admitting the loss of baggage of complainant weighing 32 kg. That property irregularity report was issued to passenger on 23-8-2007. It is denied that the complainant was returning after cancellation of visa. It is submitted that the complainant was sent back on an out pass and he travelled from Sharjah to Calicut under the amnesty fare, which is lesser than the normal fare. The amnesty fare passengers were allowed to carry 40kg. Against a baggage allowance of 30kg. given to normal fare passengers. Opposite party had taken all possible effort to trace the baggage. That there is no deficiency in service or negligence on the part of opposite party. Complainant was issued a discharge voucher for USD 640 calculating USD 20 per kg. for a total weight of 32kg. The allegation that opposite party fixed the compensation as Rs.640/- per kg is baseless. The compensation was calculated as per rules and regulations of international convention regarding loss of baggage in air travel. Opposite party is not aware of the contents of the baggage since complainant has not declared the value of the articles. The averment that complainant suffered a loss of Rs.76,500/- is denied as false. Complainant is not entitled to the reliefs prayed for.<br /> <br /> 3. Evidence consists of affidavits filed by complainant and Exts.A1 to A4 marked on his side. Opposite party has filed counter affidavit. No documents on the side of opposite party. Either side has not adduced any oral evidence.<br /> <br /> <br /> <br /> 4. Points for consideration:-<br /> (i) Whether opposite party is deficient in service.<br /> (ii) If so, reliefs and costs.<br /> <br /> 5. Point (i):-<br /> Admittedly the baggage of the complainant was lost in transit. Opposite party denies negligence and deficiency in service on their part. Opposite party has a duty to take reasonable care of the baggage entrusted to them. If the baggage is lost it is definitely due to lack of adequate and proper service on the part of opposite party. We have no doubt to conclude that opposite party is deficient in service. This point found in favour of complainant.<br /> <br /> 6. Point (ii):-<br /> Complainant claims Rs.73,000/- as value of articles inside the lost baggage and Rs.3,500/- towards the travelling expenses incurred by him for making enquiries in regard to the missing baggage. He also claims 12% interest upon the above amount. The complaint is silent as to the weight of the missing baggage. In Ext.A1 complainant has stated the weight of the baggage to be 32kg which is admitted by opposite party also. Complainant has no case that he had declared the value of items inside the baggage. Hence in our view, his claim for Rs.73,000/- towards value of articles is only to be disallowed. In Ext.A2 opposite party has clearly offered USD 640 taking into account the liability of international carrier as per limitation of liability stated in the air ticket. By some mistaken advice complainant has been informed that the amount offered is only Rs.640/- and not USD 640. This is evident from the reply notice sent by his lawyer which is Ext.A3. It was submitted on behalf of opposite party that they are willing and ready to pay USD 640. In our view complainant is definitely entitled to this amount. Surely the complainant will have undergone much pain and anguish due to the loss of articles in the baggage which he has purchased, and also those articles which were entrusted by his friends for delivery to their relatives. We consider that he should be compensated for the mental agony and hardships undergone by him due to loss of baggage. We quantify this amount to be Rs.6,000/-.<br /> <br /> 7. In the result we allow this complaint and order opposite party to pay USD 640 to the complainant along with an amount of Rs.6,000/- (Rupees six thousand only) towards mental agony and hardships together with costs of Rs.2,000/- (Rupees two thousand only) within one month from the date of receipt of copy of this order. The exchange rate on the date of this order shall be applicable to both sides.<br /> <br /> Dated this 18th day of October, 2008.<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A4<br /> Ext.A1 : Photo copy of the request dated, 03-9-07 by complainant<br /> to opposite party.<br /> Ext.A2 : Letter dated, 26-9-07 by opposite party to complainant. <br /> Ext.A3 : Photo copy of the lawyer notice dated, 04-10-2007 by complainant's<br /> counsel to opposite party.<br /> Ext.A4 : Letter dated, 12-10-07 by opposite party to complainant's counsel.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br />