THE PRESIDENT

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA : AGARTALA

 

CASE No. CC- 41 of 2021

 

 

Sri Nirmal Sarkar,

S/O- Lt. Nepal Sarkar,

Brajala, Near TRTC Garage,

P.O. Ramnagar- 2, 

P.S. West Agartala,

District- West Tripura.  ................Complainant.

 

 

-VERSUS-

 

The Station Manager,

Maharaja Bir Bikram Airport, 

Agartala, P.O. & P.S. Airport, 

Tripura West. …...............Opposite Party.

 

 

 

 

         __________PRESENT__________

 

 SRI RUHIDAS PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION

      WEST TRIPURA, AGARTALA. 

 

Dr (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.

 

SRI SAMIR GUPTA,

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.

 

 

 

C O U N S E L

 

For the Complainant : Sri Sumit Debnath,

  Learned Advocate.

  

For the O.P.  : Sri Kushal Deb,

  Learned Advocate.

 

 

 

 

JUDGMENT  DELIVERED  ON : 31.08.2022

 

 

J U D G M E N T

The complainant filed this case U/S 35 of the C.P. Act, 2019 against the Opposite party(in short O.P) for deficiency in service on part of the O.P.

The Complainant's case in short is that the complainant along with his relatives were returning Agartala on 16.02.2021 from Jharkhand via Kolkata. The complainant boarded on flight 6E-442 against PNR No. EFDGHI of Indigo, from CCU to IXA (Kolkata to Agartala). The complainant dropped their luggage at the counter of Indigo  as per instruction of the Indigo ground staffs and  and got the luggage tags. 6 nos. of luggage tags were handed over to the complainant against the luggage tag no. 6E0312168097. The complainant and his relatives entered in the security  enclosure for security check  where they had to wait for 1  and half hour. After reaching at Agartala the complainant found that one luggage was missing among the 6 luggage. The complainant informed the matter of non-availability or missing of one luggage. Then the ground staff of Indigo filed one Property irregularity Report. The Indigo official assured that the luggage  within 2/3 days and not to lodge further complaint before any authority. After  8 days the complainant  approached to the Station Manager, Indigo airlines at M.B.B. Airport on 24.92.2021 to know whereabouts of his luggage. The complainant also wrote his grievance in form of representation. The complainant again send representation through registered post to the Station Manager, Indigo Airlines, M.B.B. Airport but in vain. Subsequently on 02.03.2021 the said incident has been informed to the O/C of the Airport P.S. Nasinghar, West Tripura. It is also stated by the complainant in his petition that the luggage contended cost wearing apparels, shoes, documents, one Titan Eye spectacles, gifts from the house of the bride grooms other important documents. It is stated by the complainant that the O.P. harassed the complainant unnecessarily as they are not paying heed to the requests of the complainant for tracing out his luggage and handing over the same to him. It is also stated by the complainant that the complainant  suffered mentally physically and financially due to the negligence and deficiency of service by the O.P. Hence the complainant filed this case claiming Rs.50,000/- towards lost of the luggage, wearing apparels, spectacles and gifts and lost of documents also compensation of Rs.10,000/- and Rs.10,000/- for causing harassment, financial loss etc. and litigation cost. 

 

2. After getting notice from this Commission the O.P. appeared and filed written statement denying all the allegation made by the complainant in his complaint petition. It is stated by the O.Ps that the complainant liable to be dismissed as it is baseless, vague, frivolous and devoid of merit. It is stated in the W.O. that the complaint is bad for mis-joinder and non-joinder of parties. The present complaint is filed against the Station Manager, Indigo a non-existent entity and is defective. This Commission does not have jurisdiction to hear the present complaint. It is admitted by the O.P that the staff of Interglobe Aviation Ltd. was unable to trace the checked in baggage of the complainant. As per terms and condition of the Indigo CoC, Interglobe Aviation Ltd. they are only liable to pay Rs.350/- per for the checked in baggage which in the present case amounts to Rs.1750/-(INR 350X 5 Kgs) and the O.P. offered the said compensation to the complainant on 24.02.2021 but the same was declined by the complainant for reasons best known to him. It is also stated by the O.P. that Interglobe Aviation Ltd. by way of Indigo Coc strongly advises all passengers not to carry any valuable or perishable items in their checked in baggage. In view thereof, in case a passenger still decides to carry any valuable items in their checked in baggage without prior declaration of interest the same are carried by the passenger solely at their own risk. If the checked in baggage of the complainant contained any valuables, as allege they are carried solely at the risk and consequence of the complainant- clear advisory has been mentioned in the Indigo CoC as well as verbally to all passengers not to check in any valuables in baggage. The complainant failed to prove that the lost baggage of the complainant contained any valuable item. No special declaration of interest was made by the complainant at the time of checking the baggage nor any additional amount was paid by the complainant. The complainant has further failed to bring on record the statutory regime i.e., the Carriage by Air Act, 1972, which restricts the maximum liability of airlines including Interglobe Aviation Ltd. in cases of baggage loss, to INR 25,000/-. since4 the luggage could not be traced, Indterglobe Aviation Ltd. vide Email dated 25.02.2021 offered a compensation of INR 1,750/- in accordance with the binding terms of the Indigo Coc and also requested for the bank account details of the complainant in order to transfer the said amount through NEFT. But the offer was declined by the complainant. The O.P. also stated  that the booking was made by third party travel agent i.e., Yatra E Services on 20.01.2021 on payment of  INR 31,920/- and this booking was confirmed under PNR No. EFDGHI.  It is admitted by the O.P. that the complainant along with his accompanying passengers checked in 6 pieces of baggage at Kolkata airport for return Indigo flight. The O.P. tried everything possible to locate the lost baggage of the complainant but unable to trace out the same. The liability of the Interglobe Aviation Ltd. is restricted to the statutory limit prescribed by the Carriage by air Act, 1972. it is also submitted by the O.P. that fastening the liability on the airlines without the knowledge of the content of the baggage will allow the passengers to claim any amount of compensation without adducing evidence regarding the content of the baggage. It is denied by the O.P. that there is any deficiency of service on their part in providing service to the complainant as alleged and O.P. is liable to pay any compensation beyond what has already been offered to the complainant. The complainant miserably failed to establish negligence or deficiency on the part of the O.P., therefore they prayed for dismissal of the complaint.

 

EVIDENCE ADDUCED BY THE COMPLAINANT:-

Complainant adduced evidence by way of filing examination in chief on affidavit of himself as P.W.1 and one Sri Arun Ch. Das, as P.W.2.  also submitted 6 nos. of documents vide firisti dated 13.05.2021.

On the other hand O.P. also adduced evidence by filing examination in chief on affidavit of one Rahul Kumar, Associate General counsel at Interglobe Aviation Ltd. along with 9 documents comprising 67 sheets.  

  POINTS TO BE DETERMINED: - 

(i) Whether there is deficiency of service on the part of the O.P.?

  (ii) Whether the complainant is entitled to get compensation/ relief as prayed for?

 

ARGUMENT:-

At the time of argument Learned counsel of the complainant submitted that it is admitted fact that one baggage bearing bag tag no- 0312168097 did not arrive at the baggage carousel on 16.02.2021 upon arrival at Agartala airport. Mr. Debnath submitted that missing luggage was packed with costly wearing apparels, shoes, documents, one Titan eye spectacles, gifts and important documents. He claimed Rs.50,000/- towards the loss of luggage. Mr. Debnath also claimed Rs.20,000/- as compensation and Rs.10,000/- for causing harassment and also cost of litigation.  

       

DECISION AND REASONS THEREOF:-  

 

 

Announced.

 

 

SRI R. PAL

PRESIDENT, 

DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

 

 

Dr (SMT) B. PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

 

 

SRI SAMIR GUPTA,

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.