DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC – 81 of 2018 

 

1. Smti. Tripti Bhattacharyya,

    W/O- Sri Swapan Kumar Bhattacharyya,

 

2. Sri Swapan Kumar Bhattacharyya, .…..…......Complainants.

 

Both are Resident of :-

House No. 77, Jagannath Bari Road,

Near Old R.M.S. Chowmohoni,

P.O. Agartala,  P.S. West Agartala,

West Tripura, Tripura- 799001.

 

        -VERSUS-

 

1. The Managing Director,

Indigo, Gurgaon, 

Level 1, Tower – C,

Global Business Park, Meheruli,

Gurgaon Road,- 122002,

Haryana, India.

 

2. Station Manager, 

Indigo, Agartala Airport, 

Agartala, Tripura-799009.

 

3. Station Manager, 

Indigo, Hyderabad Airport,

Hyderabad, Telengana-500409. …................Opposite Parties.

 

__________PRESENT__________

 

 SRI  B. MAJUMDER

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 Complainant : Complainant No.2 in person.

        

For the Opposite Parties : Sri Debalay Bhattacharya,

  Smt. Jayesree Bhushan,

  Advocates.

 

JUDGMENT   DELIVERED   ON: 18.04.2019.

J U D G M E N T

The Complainants Smt. Tripti Bhattacharya and Sri Swapan Kumar Bhattacharya set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency in service by the O.Ps Indigo. 

 

2. The Complainants case, in brief, is that the Complainant No.2 Sri Swapan Kr. Bhattacharya who is the husband of the Complainant no.1 Smt. Tripti Bhattacharya is suffering an acute Inflammatory bowel disease and he was referred to the Asian Institute of Gastroenterology, Hyderabad by the Agartala Medical College and GBP Hospital, Agartala for better investigation and treatment. Accordingly the complainant no.2 along with his escort i.e., the complainant no.1 who is his wife on 12.03.18 went to Hyderabad by Indigo flight 6E 373 for availing the medical treatment at the Asian Institute of Gastroenterology. After reaching at Hyderabad Airport the complainants did not find their trolly bag which they had booked in Agartala while they reported for check-in at the Indigo counter. The tag number of the baggage which they had booked at the time of check-in is 2985757. They immediately reported the matter to the Indigo staff at Hyderabad Airport who enquired about the said bag by taking the Indigo Baggage tag pasted with the boarding pass. But the staff of the Indigo could  not find it out and he had assured the complainant to carry on further search for tracing out the bag. The complainant no.2 at that time lodged a verbal complaint which was reduced into writing in a prescribed format vide Property Irregularity Report(PIR). The complainants have stated in their complaint that the missing trolly bag is black coloured and it was containing medical papers, documents, medicines and other essential domestic articles to be used at Hyderabad where they had to stay till 20.03.18 for treatment of the complainant no.2 at the Asian Institute of Gastroenterology. The complainant no.2 tried several times while staying at Hyderabad to make contact with the Indigo staff intending to procure the bag but all his efforts went in vain. The complainants did not get back their trolly bag at Hyderabad. On 20.03.18 both the complainants returned to Agartala by Indigo connecting flight nos. 6E 872 and 6E 196. The complainant further alleged that due to non delivery of their trolly bag they were very much embarrassed and suffered harassment and mental agony. The complainant no.2 could not take his life saving medicines in time which also aggravated his mental and physical condition. During their stay at Hyderabad the complainants under compelling compulsion had to purchase new garments for them and other essential domestic articles which got lost due to the missing of their trolly bag. The complainant further alleged that as they did not receive any response in regard to the recovery of their missing trolly bag the complainant no.2 on 17.05.18 issued a registered letter addressed to the Station Manager, Indigo, Agartala for taking necessary steps for recovery of the missing trolly bag. The registered letter was duly delivered on 18.05.2018 to the Station Manager, Indigo as per report submitted by the Post Master, Agartala Head Office vide his communication by a letter no. 799001-02887 dated 20.06.18. As the Station Manager, Indigo, Agartala Airport i.e., O.P. No.2 did not respond, the complainants being aggrieved have filed the present complaint before this Forum claiming Rs.45,700/-being the cost of articles containing in the lost trolly bag and Rs.50,000/- for (Rs.25,000/- each) for causing unnecessary harassment and mental agony to both the complainants, in total Rs.95,700/- to the O.Ps. Hence, this case.

 

3. Based on the complaint notices were issued to the Opposite Parties(in short O.Ps). All the O.Ps have appeared by engaging their counsel.

Even after giving several opportunities the O.Ps could not submit their written statement in time i.e., within 45 days after their appearance before the Forum. So, the case was proceeded exparte against the O.Ps and as per order dated 01.02.19 the next date was fixed for submission of examination in chief by way of affidavit by the complainant.

 

4. EVIDENCE ADDUCE BY THE PARTIES:-

The Complainant No.2 examined himself as PW-I and submitted his examination in chief by way of affidavit. 

He has produced the documents viz. Referral Certificate issued by the Medical Board, AGMC & GBP Hospital, Agartala, copy of Electronic Record of Air ticket, Boarding Passes(2 nos.) for under taking the journey from Agartala to Chennai, Copy of the Complaint dated 17.05.18 addressed to the Station Manager, Indigo, Agartala Airport, Property Irregularity Report(PIR) dated 12.03.18 issued by the O.P. Indigo, Letter of the Post Master dated 20.06.18 regarding confirmation of delivery of letter to the Station Manager, Indigo, Agartala Airport, Electronic Records of Boarding Passes of the Return journey under taken by the complainants from Chennai to Agartala. The documents are marked Exhibit – 1 Series.

The O.Ps however, have not produced either oral or documentary evidence in support of their case. However, Learned Advocate for the O.Ps has cross examined the complainant No.2 on law points.  

5. POINTS FOR DETERMINATION:- 

On the basis of contention raised by both the parties following points cropped up for determination:

(I) Whether there was any deficiency of service on the part of the O.Ps towards the complainant?

(II) Whether the complainants are entitled to get compensation/relief?              

 

6. FINDINGS  AND DECISION:

      We have heard arguments advanced by the complainant no. 2 and that of placed by the Learned counsel for the O.Ps. We have perused the pleadings, documents on record and the evidence adduced by the complainants' side carefully. 

It is established and admitted fact that both the complainants went to Chennai from Agartala on 12.03.18 availing  Indigo Airlines flight no - 6E 373 for the purpose of medical treatment of the complainant no.2 who was referred by the Agartala Medical College & GBP Hospital Agartala. On reaching Hyderabad Airport they did not find their trolly bag which was booked by them with the O.P. Airlines at Agartala Airport. According to the complainants the trolly bag contained their wearing apparels Medical papers, documents and some essential domestic articles to be used at Hyderabad. According to the complainant due to the missing of the trolly bag the complainants suffered pecuniary loss and mental agony apart from harassment. The complainant produced the copy of the Indigo Airways ticket, boarding passes, Property Irregularity, copy of  the complaint which was lodged with the Station Manager, Indigo, Agartala Airport. The trolly bag till filing of the complaint could not be recovered by the O.Ps. 

 

During hearing of arguments we find that O.Ps did not deny availing of Air journey by the complainants on 12.03.18 by Indigo Airlines from Agartala to Chennai and also about the  missing of the trolly bag. During the argument Learned Advocate appearing for the O.Ps has submitted that the complainants had been offered  Rs.3150/- (since the weight of the lost baggage was 9kg, INR 350/- x 09 = INR 3150/-) in accordance with the compensation provided statutorily and as per the contract between the complainant and Interglobe Aviation Ltd.  But the complainant did not accept the same. 

 

The complainant No.2 on the other hand argued that the Statutory provision as referred to by Learned Counsel for the O.Ps is not applicable to him and that such a provision of law/rule was not brought to his knowledge neither at the time of purchasing the ticket nor at the premisses of the Airport. There is however, no evidence/document produced by the O.Ps regarding the offer of compensation made from the side of the O.Ps to the complainants.

We are satisfied that the complainants did not get their trolly bag till filing of this complaint before this Forum. Hence, the O.Ps, in our opinion can not avoid their liability for their failure to deliver the booked trolly bag to the complainants at the destination. For lost garments, medicines, bed sheets, domestic articles, the complainant demanded Rs.42,700/-. Regarding the price of the lost trolly bag the complainant claimed Rs.3,000/-. 

 

It is true that the complainants have not produced any documentary proof in support of the cost of the suit case and also the other articles including the garments etc. Obviously the lost articles were not new. The complainant might have used them earlier. So, in absence of any cogent and clear evidence on record as to the value of the those items, we are to assess the value based on some guess work. We find it appropriate to pay Rs.15,000/- on this count. The complainant have not mentioned the date of purchase of their trolly bag which was lost in transit. We consider it fit to pay Rs.3,000/- as to the value of the suitcase.  

 

We find and hold that the failure on the part of the O.Ps to deliver the booked trolly bag to the complainants at the destination(Chennai) is a clear case of deficiency of service on the part of the O.P. Indigo Airlines.

For all the foregoing reasons we find and hold that complainants have succeeded in establishing that the O.Ps were deficient in rendering services to the complainants. That being the situation, the complainants according to us are entitled to get compensation. 

 

7. In the result the complaint U/S 12 of the Consumer Protection Act 1986 filed by the complainants is allowed on contest. It is hereby directed that the O.Ps will pay Rs. 15,000/- for the loss of wearing apparels costs of medicine, cost of garments etc., Rs.3,000/- being the value of the Trolly bag. The O.Ps will pay Rs.20,000/- to the complainants for causing their mental agony and harassment together with Rs.3,000/- being the cost of litigation. Thus the O.Ps are to pay Rs. 41,000/-(Rs.15,000/-+ Rs.3,000/-+ Rs.20,000/-+ Rs.3,000/-)  to the complainants within a period of two months from the date of judgment. Failing which the amount of compensation shall carry interest @ 9% P.A. till the payment is made in full.

 

 

    Announced.

 

 

 

 

SRI B. MAJUMDER

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