Chandigarh

DF-II

CC/39/2020

Bhupinder singh Gill - Complainant(s)

Versus

Turkish Airlines - Opp.Party(s)

Adv. Bhupinder Singh Gill In Person

03 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	39/2020
Date of Institution	:	17.01.2020
Date of Decision	:	03.10.2023

 

                     

            

 

Bhupinder Singh Gill s/o Sh.Tirlochan Singh r/o H.No.3296, Sector 19-D, Chandigarh

                 ...  Complainant.

Versus

 

Turkish Airlines, Delhi Airport, Room No.27, OL4, Terminal No.3, IGI Airport, Delhi-110037 through its Managing Director/Authorized Representative.

…. Opposite Party

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI S.K.SARDANA	MEMBER
Present:-	Complainant in person.
	None for the OP.

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.), LLM, PRESIDENT

1.     The complainant has filed the present complaint pleading that he had to participate in the World Congress against Death Penalty scheduled to be held from 26.02.2019 to 03.03.2019 at European Parliament at Brussels in Belgium and therefore, he had hired the OP for his air travel from New Delhi, India on dated 25.02.2019 to Brussels in Belgium and return from Vienna in Austria dated 07.03.2019 to New Delhi India for Rs.64,000/-. The flight bearing number TK 717 by which the complainant travelled to Brussels was scheduled to stop in between at Istanbul in Turkey and then another connecting flight of the airlines of the OP bearing number TK 1943 was to leave for Brussels from Istanbul. He boarded the fight from New Delhi Indira Gandhi International Airport on 7.35 AM on dated 25.02.2019 as scheduled and got a seat number 23 C in Group C. The luggage was supposed to be transferred to the above connecting flight number TK 1943 which was to leave from Istanbul to Brussels. However, the connecting flight number TK 1943 flight reached Brussels very late than the scheduled time and thereafter on reaching Brussels complainant waited for 2 hours to collect his luggage but his luggage did not arrive at the Brussels Airport and he was left stranded at the Airport. Thereafter, he approached the lost baggage counter at Brussels Airport and made a complaint regarding luggage which was not reached the airport who informed that the luggage was not transferred from Istanbul to the above connecting flight but gave an assurance that the luggage was to be provided to him as early as possible. The opposite party sent an email dated 25.02.2019 to the complainant vide which they expressed their regret for not transferring the luggage and informed that his file bearing reference no. AH BRUTK16683 was prepared and he could check the status of the same online. The OP again sent two emails dated 27.02.2019 to the complainant vide which it was informed that his luggage was to be delivered on 27.02.2019 between 8:00 o'clock to 22.00 PM at his hotel where he was staying.  Thereafter, the OP sent the luggage of complainant on 27.02.2019 at evening to his hotel when he was attending the aforementioned conference at European Parliament. The complainant has stated that due to the gross negligence of the OP, he had suffered immensely at foreign land where he got totally stranded as all his belonging and most of his currency was in the luggage which was not given to him. The complainant went to the market immediately on the next date i.e. 26.02.2019 so that he could attend the second day sessions of the conference in formal outfit which was scheduled on 27.02.2019 as he had no pair of extra clothes with him and he had to spent Rs.13,425/- (169 Euros) to buy the basic and essential items. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service, the complainant has filed the instant complaint seeking directions to the OPs to refund Rs.64000/- incurred on account of purchase/hiring of the flight of the OP with interest; Rs.13425/- spent for buying the basic items and formal outfit besides compensation for mental agony and physical harassment as well as litigation expenses.
2.     After service of the notice upon the OP, they have appeared before this Commission through their Counsel and while admitting the factual matrix of the case, they have stated that the baggage did not arrive at Brussels Airport on 25.02.2019 due to meteorological conditions which caused the delay and on receipt of the complaint, they sent apology through e-mail dated 25.02.2019 along with property irregularity report dated 25.02.2019 and assured the complainant that the baggage team will do everything in their power to restore the luggage on priority.  It has further been stated that on 27.02.2019 they tracked the baggage and vide e-mail dated 27.02.2019 sent by Dynasure–Aviapartner informed the complainant that the same would be delivered on the very date at the address of the complainant. It has further been stated that as and when the complaint regarding missing baggage was received, they tracked and delivered the baggage within 2 days along with an apology note.  It has further been stated as per the terms and conditions of “Lost, damaged and delayed baggage, if the customer received his baggage late then he can make a claim via the baggage irregularity report and follow up page and submit evidence of the costs incurred during the time within 21 days of receiving the baggage. It has further been stated that neither the OP received any claim within the prescribed time period nor the complainant approached it through any other mode of commutation claiming compensation. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, the OP prayed for dismissal of the complaint.
3.     The parties filed documents in support of his case.
4.     We have heard the complainant in person and have gone through the documents on record.
5.     The main issue involved in the present case is whether the complainant is entitled to compensation on account of delayed delivery of his luggage by the OP or not?
6.     In order to find out answer to the above mentioned issue, it is important to take into consideration the following facts and circumstances of the present complaint.
7.     It is an admitted case of the parties that the luggage in question was lost and the same was delivered to the complainant after two days. The complainant has placed on file a copy of the invitation dated 19.01.2019 (Annexure C-1) to prove that he had to participate in the World Congress against Death Penalty scheduled to be held from 26.02.2019 to 03.03.2019 at European Parliament at Brussels in Belgium and therefore, he purchased the air tickets of the OP for the said purpose. Since the complainant was without his luggage due to delay in delivery of the same by the OP, therefore, he had to buy the basic and essential items amounting to 169 Euros (i.e. Rs.13,425/-) as per Annexure C-5 (Colly.). Therefore, the complainant is held entitled to claim the amount from the OP spent by him upon the said articles.

        The complainant has placed on record a copy of the Montreal Convention which reveals that India is one of its members. As per the terms of the Montreal Convention, if the bags have been delayed and the passenger has to buy basic necessities, the treaty requires the airline to cover such expenses. On the basis of this clause, the complainant is entitled to get coverage of such expenses from the OP. Therefore, the OP is liable to pay an amount of Rs.13,425/-  (Annexure C-5 Colly.) on account of buying the basic and essential items by the complainant due to delay in delivery of his luggage after two days. It has also been further provided in the said Montreal Convention that in case of damage caused by delay, destruction or loss of baggage, the airlines have to pay upto 1,131 SDRs per passenger (about EUR 1400). 

8.     The OP took a stand in its written version that the complainant did not file the claim with them but it is observed that the complainant has brought to the notice of the concerned authorities of the OP on 25.02.2019 regarding the loss of his luggage but the OP did not educate him at that time regarding the filing of the claim in the prescribed manner, if any, with them. Moreover, they kept on assuring the complainant that they would deliver the lost luggage as soon as the same was found.  The provisions of the Consumer Protection Act, 2019 provides an important Right to the consumers i.e. right to be informed and educated about the products and services. The complainant has got right to be educated and informed about his rights regarding filing the claim with the OP and getting compensation for the same. There is nothing on record that the OP has guided the complainant to file the claim with them to seek compensation in case of loss or delay in delivery of luggage to him.
9.     The complainant has also relied upon the judgment of the Hon’ble Supreme Court of India titled as Consumers & Citizens Forum Vs. Karnataka Power Corporation, 1994 (1) CPR 130, wherein it has been held that the provisions of this Act give the ‘consumer’,  additional  remedies, besides,  those they  may be available  under other  existing laws.   The Apex Court’s above authority was followed in case titled as Emirates Vs. Dr. Rakesh Chopra by this Commission in First Appeal No. 204 of 2008 decided on 11^th April 2013, wherein it was held:-

“In  the  instant  case, no doubt the Appellant Airlines had sought to settle the consumer’s grievance purely in terms of the notional monetary loss suffered by him as per the relevant provisions of Carriage by Air Act, 1972.  However, as discussed earlier, because there was deficiency in service on the part of Appellant Airlines in losing and mishandling the Respondent’s luggage, which caused him harassment, agony, mental tension and loss of professional face apart from monetary loss, he is entitled to compensation for this deficiency in service on Appellant’s part as per the provisions of the Consumer Protection Act, 1986.  Keeping in view these facts, the State Commission has awarded a compensation of Rs.2.00 Lakhs.  We see no reason to disagree with the compensation awarded, which, we feel, is fully justified under the circumstances”.

 

10.     In the present complaint, the complainant has to participate World Congress against Death Penalty scheduled to be held from 26.02.2019 to 03.03.2019 at European Parliament at Brussels in Belgium where delegates of 150 countries were present which consisted of Ambassadors, diplomats, Ministers from different countries. The complainant had to wear the same clothes on 26.02.2019 due to loss of his luggage by the OP, which was delivered after two days to him. The complainant who is a practicing lawyer felt small amongst the international delegates in the conference due to non-delivery of luggage by the OP to him. It naturally caused mental agony and physical harassment to the complainant for which he deserves to be compensated adequately.
11.     Keeping in view the facts and circumstances of the case, we have no hesitation to come to the conclusion that the OP was deficient in rendering the services to the complainant and as such the complainant is held entitled to the expenses incurred by him on purchase of the said articles along with the lump sum compensation of Rs.1.00 lakh.
12.     In view of the above discussion, the present complaint is partly allowed and the OP is directed to pay a sum of Rs.13,425/- (Rupees Thirteen Thousand Four Hundred Twenty Five only) along with lump sum compensation of Rs.1,00,000/- (Rupees one lakh only) as compensation on account of mental agony and physical harassment to the complainant.
13.     This order be complied with by the OP within 90 days from the date of receipt of its certified copy failing which the OP shall be liable to pay the awarded amounts to the complainant along with interest @ 9% p.a. from the date of 26.02.2019 till the date of its actual payment to the complainant.
14.     The pending application(s) if any, stands disposed of accordingly.
15.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission   03.10.2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (S.K.SARDANA) MEMBER