DIST. CONSUMER DISPUTES REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE NO.105/2017

    Date of Filing:                  Date of Admission:                           Date of Disposal:

     27.02.2017                            22.03.2017                                         29.12.2017

 Complainant:    Tamal Dey, 1591, Rajdanga Main Road, CMDA, Plot-FB-106

                              P.O.-E.K.T, P.S.-Kasba, Kolkata-700 107.

                                                                  Vs.

Opposite Parties:-   1. The Station Manager of Spice Jet Limited,

                                         NSCB International Airport, Dum Dum, Kolkata-700 052.

                                    2. The Director of Spice Jet Limited, 319, Udyog Bihar,

                                        Phase-IV, Gurgaon-122016, Haryana, India.

P R E S E N T   :- Sri  Siddharta Ganguli  ….………………………Member.

                         :-  Smt. Silpi Majumder………………………………Member.

ORDER: 08

This complaint is filed by the Complainant has filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs have failed to trace out his missing bag or refund of the lost article for Rs.56,010/- till filing of this complaint.

The brief fact of the case of the Complainant is that he went to Bangkok for travel by Spice Jet flight no-S.G. 83 on 07.10.2016 along with his wife and family friends. The Complainant started journey from Kolkata Airport to Bangkok on 07.10.2016 vides ticket no- PNR no-NB83WQ. After arrival at Bangkok Airport the Complainant went to collect their baggage from respect belt/bay no-12 and found only two baggage out of 3 baggage bearing Tag no- SGO775716972 & SGO775716974, but the blue colored big trolley bag bearing tag no-SGO775716973 was not available. The Complainant searched the surrounding area but could not find out his bag and thereafter the Complainant went to BFS baggage service at Bangkok Airport and submitted complaint before the Bangkok Airport BFS baggage service vide complaint no-A/BKKSG10005 and also provided hotel address and telephone number of their stay at Bangkok and Pattaya. The said bag contained many valuable personal belongings and list of article. The Complainant has mentioned the name of the article in the schedule worth of Rs.56,010/-. Due to missing his bag the Complainant had to suffer mentally, physically as well as financially the pass seven days at Bangkok in critical situation and hardship. For the period from 07.10.2016 to 13.10.2016 the Bangkok Airport authority could not give any positive information regarding the missing bag inspite of contact with them on several occasions. The Complainant sent e-mail to the customer care of Spice Jet Limited stating all the facts at Bangkok Airport on 13.10.2016 and he returned to Kolkata by Spice Jet flight no-SG84 on 14.10.2016 morning. On 15.10.2016 the Complainant contacted with the Spice Jet customer care in Kolkata over telephone narrating the entire fact and also sent e-mail on 15.10.2016, 16.10.2016, and 17.10.2016 and get auto reply aonly. On 16.10.2016 Mr. Baljeet Singh, Senior Executive of the customer care, Spice Jet contacted with the Complainant stating that he will try to look into the matter for tracing out the missing bag, but he could not give any positive information to the Complainant. On 20.10.2016 the Complainant made written correspondence with the Spice Jet authority in Kolkata, but they did not reply anything to the same nor supply the C.C. TV footage regarding missing of the bag. Lastly Mr. singh told that Complainant that they will pay a sum of Rs.14,800/- due to missing of his bag towards compensation, but the Complainant had refused to accept the said amount as his bag contained valuables article amounting to Rs.56,000/-. As his grievance have not been redressed by the OPs hence, having no alternative the Complainant has approached before this Ld. Forum by filing this complaint praying for direction upon the OPs either to trace out his missing or to pay a sum of Rs.56,010/- towards the value of the article contained in the missing bag, to pay compensation to the tune of Rs.1,00,000/- due to harassment, mental agony and pan and litigation cost of Rs.10,000/- to him.

After admission of the complaint notices were issued upon the OPs. Inspite of receipt of notices the OPs choose not to appear to contest the complaint either by filing written version or verbally. Therefore this Ld. Forum was pleased to pass an order mentioning that the complaint will rune exparte against the OPs. So we took up the hearing exparte in presence of the Complainant only. The Complainant has adduced evidence on affidavit and BNA.

We have carefully perused the record; documents as filed by him and heard argument advance by the Complainant. Be it mentioned that though the Complainant has filed two boarding passes issued by authority of Spice Jet Limited in his favour and his wife, but no tag number/slip is provided in respect of his missing bag as alleged showing the weight of the said missing baggage. The Complainant has made several written correspondences with the concerned authority of the Spice Jet Limited at the Bangkok Airport as well as Kolkata Airport, but in that correspondences no where the Complainant has mentioned the weight of the missing bag. Through the written correspondences the Complainant claimed for either return of the missing bag or the cost of the missing article amount to Rs.56,010/-. Further admitted fact is that the Spice Jet Authority has admitted that the missing bag could not be traced out and they are inclined to pay compensation to him and for that purpose they requested the Complainant to provide the Banker’s name of the Complainant, bank account number, IFSC code and name of the said branch. But the Complainant did not bother to provide the same to the concerned authority of Spice Jet Limited and without furnishing the same the Complainant has approached before this Ld. Forum by filing this complaint. Though in the paragraph no-11 of the petition of complaint it is mentioned by the Complainant that Mr. Baljeet Singh, Senior Executive, Customer Care Spice Jet agreed to pay a sum of Rs.14,800/- for the missing bag as compensation, but in respect of such averment no cogent documentary evidence is adduced.   Admittedly the liability for international carriage is subject to the rules as empowered in the Carriage by Air Act, 1972 as amended by Carriage by Air (Amendment Act, 2009). The aforesaid Act also laid down the effects and benefits of the Montreal Convention, 1999 and not the Warsaw Convention 1929 since the passengers have travelled on an International Sector from Kolkata to Bangkok. As per the Montreal Convention the liability of the Airline for a claim is limited to SDR17/kg, which is based on actual weight loss basis and not the value of items, unless it is declared at the time of check-in-payment thereof. But in the instant complaint though admittedly the bag of the Complainant is missing, but the Complainant has failed to disclose the actual weight of the said missing bag by adducing cogent documentary evidence. For this reason we are not in a position to compute the compensation which the Complainant is entitled to get as per the Montreal Convention. In our view the Complainant has miserably failed to prove his case by adducing cogent document, hence the complaint does not succeed.

Going by the foregoing discussion hence it is ordered that the complaint is dismissed exparte against the OPs. However considering the facts and circumstances there is no order as to cost.      

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.              

Member                                                                                           Member                                               

Dictated & Corrected by me