By Smt. PREETHI SIVARAMAN.C, MEMBER

1.  The complaint in short is  as follows:-

            On 18/12/2022 complainant was travelling from Dubai to India in Indigo flight and   he  reached in  the  Calicut  Airport  on  the  same day.   He was waiting for the bagagges, he  realised that  one of the baggages containing  valuable things worth Rs 3,00,000/-   had lost   from  Calicut Airport. On that day itself he filed a complaint before the office of Indigo Calicut, the opposite party. They have consoled the complainant and assured that they will be recovered the lost baggage within 48 hours.

2.          But there was no reply from the side of Airline Authority. Hence complainant filed a complaint before the SHO, Karipur on 06/01/2023. Thereafter on 09/01/2023, he filed a petition before the Thirurangadi Taluk Consumer Protection Society. They had sent a notice to opposite party. Thereafter on 21/01/2023 the society replied for the petition of complainant that there was no reply from opposite party. Then complainant filed this complaint before the Consumer Commission to redress the grievance of complainant.  Hence this complaint. 

3.         The prayer of the complainant is that, he is entitled to get Rs.3,00,000/-  for the  things  kept in the lost   baggage , Rs. 5,00,000/- as compensation on account of deficiency in service  and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and cost of the proceedings. 

4.        On admission of the complaint notice was issued to the opposite party and notice served on them but they did not turn up. Hence opposite party set exparte.

5.        In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A14. Ext.A1 is the copy of the direction to opposite party by society dated 10/01/2023 and the reply given by Thirurangadi  Taluk Consumer Protection Society to complainant on 21/01/2023 and postal receipt. Ext.A2 is the copy of the complaint filed by complainant before Thirurangadi Taluk Consumer Protection Society on 09/01/2023. Ext.A3 is the copy of Passport of complainant.  Ext.A4. is the copy of boarding pass of complainant dated 18/12/2022 with flight number and PNR number (2 pages).  Ext. A5 is the copy of confirmed flight ticket for travelling from Dubai to Kozhikode.  Ext. A6 is the copy of the Tax invoice dated 15/12/2022 for purchasing 14 Promax 256. Ext. A7 is the copy of the Tax invoice dated 14/12/2022 for purchasing chocolates, dry fruits etc. Ext. A8 is the copy of the Tax invoice dated 15/12/2022 for purchasing smart watch, head set etc.  Ext. A9 is the copy of the Tax invoice dated 15/12/2022 for purchasing Perfumes, Tea cup set etc. Ext. A10 is the copy of the Tax invoices dated 12/12/2022 from Nesto Hypermarket, Dubai. Ext. A11 is the copy of the Tax invoice dated 13/12/2022 for purchasing Readymade Garments. Ext. A12 is the copy of Property Irregularity Report (PIR) for check-in baggage- Missing /Damaged/Pilfered dated 18/12/2022. Ext. A13 is copy of the complaint filed by complainant before SHO, Karipur dated 06/01/2023.  Ext. A14 is the original Power of attorney executed by complainant in favour of Muhamed Suhair K.V.

6.     Heard the complainant and perused the affidavit and documents filed by complainant.  The allegation against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter.   Moreover complainant produced thirteen documents which are very supportive to prove his case. Complainant  submitted Ext A6 to A11 documents before the Commission   which proves that he had purchased costly items worth Rs. 3,00,000/-. Ext A12   which clearly shows that he had filed a complaint on the same date before Indigo Authorities regarding his baggage missing. Moreover he filed a complaint before the SHO, Karipur on 06/01/2023 and again he filed another complaint before Thirurangadi Taluk Consumer Protection Society on 09/01/2023. From the above documents it is clear that complainant had lost his baggage containing valuable things worth Rs. 3,00,000/- while travelling from Dubai to Kozhikode in Indigo flight. Opposite party did not take any action to redress the grievance of complainant.  It is their duty to take steps to redress the grievance of complainant because he was travelling in the flight serviced by opposite party. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.

7. We allow this complaint as follows:-

1. The opposite party is directed to refund Rs.3,00,000/- (Rupees Three lakh only)  the cost of the products mentioned  in the complaint and in the documents A6 to A11.  
2. The opposite party is also directed to pay compensation of Rs. 2,00,000/-(Rupees Two lakh only) to the complainant on account of deficiency in service on the part of opposite party  and thereby caused mental agony, physical hardships and sufferings to the complainant.
3. The opposite party is also directed to pay Rs. 5000/- (Rupees Five thousand only) as cost of the proceedings.

      If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.

Dated this 27^th day of June, 2023.

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

APPENDIX

Witness examined on the side of the complainant                                : Nil

Documents marked on the side of the complainant                              : Ext.A1to A14

Ext.A1 : Copy of the direction to opposite party by society dated 10/01/2023 and

               the reply given by Thirurangadi  Taluk Consumer Protection Society to

                complainant on 21/01/2023 and postal receipt.

Ext.A2 : Copy  of  the complaint filed by complainant  before  Thirurangadi Taluk

                Consumer Protection Society on 09/01/2023.

Ext.A3 : Copy of Passport of complainant.

Ext.A4 : Copy of   boarding pass   of complainant dated 18/12/2022 with flight

               number and PNR number (2 pages). 

Ext. A5: Copy of  confirmed flight  ticket  for  travelling from Dubai to Kozhikode. 

Ext. A6 : Copy  of the Tax invoice dated 15/12/2022 for purchasing 14 Promax 256 .

Ext. A7 : Copy  of the Tax invoice dated 14/12/2022 for purchasing chocolates, dry

               fruits etc.

Ext. A8: Copy  of the Tax invoice dated 15/12/2022 for purchasing smart watch, head

             set etc. 

Ext. A9: Copy  of the Tax invoice dated 15/12/2022 for purchasing Perfumes,Tea cups

               set etc.

Ext. A10: Copy  of the Tax invoices dated 12/12/2022 from Nesto Hyper market

                 Dubai .

Ext. A11 : Copy  of the Tax invoice dated 13/12/2022 for purchasing Readymade

                   Garments.

Ext. A12: Copy  of  Property Irregularity  Report (PIR) (for check-in baggage- missing/

                 damaged/ pilfered dated 18/12/2022.

Ext. A13: Copy of the complaint filed by complainant  before SHO, Karipur  dated

                  06/01/2023. 

Ext. A14: Original Power of  attorney executed  by complainant  in favour of 

Witness examined on the side of the opposite party                            : Nil

Documents marked on the side of the opposite party                          : Nil

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER