Date of Filing:15-05-2018
Date of Order:13 -12-2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B., PRESIDENT
HON’BLE Sri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER
HON’BLE Smt. CH. LAKSHMI PRASANNA, B.Sc. LLM. ,(PGD (ADR) MEMBER
Friday, the 13th day of December, 2019
C.C.No.210 /2018
Between
B Balraj
S/o Late B.Narasappa,
Aged about 50 years, Occ: Business,
8-4-371/A/26, Prabhat Nagar, Borabanda,
Hyderabad,Telangana – 500 018. ……Complainant
And
- M/s. Air India,
Baggage Services,
Chatrapathi Shivaji International Terminus,
Mumbai – 400 099, Rep.by its Manager.
- M/s. Air India,Baggage Services,
Rajiv Gandhi International Air port
. Shamshabad, Hyderabad – 500 409
Rep,.by its Manager.
- M/s. Air India,5-10-193, HACA Bhavan,
Hill Fort Road, Saifabad,
Hyderabad, Telangana – 500 004
Rep.by its Manager. ….Opposite Parties
Counsel for the complainant : Mr.G.V.S.Prasad
Counsel for the Opposite Parties : M/s.Uma Devi
O R D E R
(By Sri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER on behalf of the bench)
- This complaint has been filed under Section 12 of C.P. Act 1986 against the opposite parties alleging that misplacement of complainant’s baggage containing valuables by the opposite parties amounts to deficiency of service thereby praying for seeking direction by this Hon’ble Forum to the opposite parties to pay Rs.5,00,000/- compensation for loss of baggage containing valuables worth of Rs.3,00,000/-; and for the humiliation, mental agony, pain stress and trauma ;- Rs.25,000/- towards filing of the complaint; and other expenses incurred by the complainant due to the negligence of the opposite parties.
- Succinctly put, the facts material to the case are that ;- the complainant booked the tickets for travelling from Hyderabad to London (Heathrow) Via New Delhi and return from London (Heathrow) to Hyderabad Via Mumbai. Complainant flew to London (Heathrow) from Hyderabad on 19-1-2018 for attending his daughters delivery. While returning on 25-02-2018 he checked-in two pieces of luggage at London (Heathrow). On arrival at Mumbai he found that one of his checked-in baggages weighing 7 Kgs was not arrived at Mumbai. Consequently, he met the officials of baggage service who informed him that the missed baggage would be boarded in the next connecting flight to Hyderabad. The complainant has also been informed that he could proceed to Hyderabad without waiting for his missed baggage. When the complainant reached Hyderabad, again he found that his missed baggage did not arrive. On contacting the baggage service officials at Hyderabad, he was informed that he could proceed and need not wait for his missed baggage by assuring that they would inform him as and when the missed baggage was received by them. Later, on 5-7-2018 a mail was sent to the complainant by the opposite party informing that the baggage in question if not arrived, and the complainant would be informed that he would be paid Rs.11,180 towards compensation. In response to the above mail the complainant gave a reply letter Ex.A10 to it by informing the opposite party No.2 that his missed baggage consist of valuable goods and requested the opposite party to settle his claim as per the Passenger Property Details (PPD) furnished by him in the questionnaire format given by the opposite party No.1 at Mumbai. As the opposite party No.1 did not respond to the above letter, this complaint has been preferred.
- The version of opposite parties No.1,2 and 3 is that the opposite party disputed the jurisdiction of this Forum for entertaining this complaint.
The opposite party admitted the fact of purchase of tickets and travelling of complainant on the dates and from the place to the destiny as mentioned in the complaint. Opposite party also admitted that the fact of two pieces of checked-in baggage weighing 27 Kgs at London Airport. As per the guidelines of Air India the complainant was required to keep his valuables in his hand bag. The opposite parties further stated in the written version that the baggage of weighing 7 Kgs was not received at Mumbai Airport. On lodging the complaint by the complainant as to the non-arrival of his missed baggage weighing 7 Kgs at Mumbai, the opposite party No.1 issued property irregularity report.
It has also been stated in the written version that after waiting mandatory period of 21 days, despite best efforts, the opposite party could not trace the missed baggage of the complainant. The claim of the complainant was settled on weight loss basis, as per the regulations of IATA ( International Airport Transport Authority) which arrived at Rs.11,201/- for 7 Kgs of missed baggage of complainant. As per Montreal convention the opposite party stated that the complainant is not entitled to any other amounts as per the Property irregularity report along with the Customs Declaration form (Landing Certificate) wherein it has been declared by the complainant that the contents of the missed baggage were clothes, Liquor bottle, Iron Box, shaving kit and Chocolates (Ex.B2). As the opposite parties have settled the claim of the complainant as stated above, the opposite parties prayed that the complaint filed by the complainant deserves to be dismissed with costs.
- In the enquiry, the complainant got filed his evidence affidavit along with 11 documents which have been marked as Ex.A1 to A11. The opposite parties have got filed 3 documents which have been marked as Ex.B1 to B3.
- Having perused the material brought on the record and having heard the arguments advanced by the parties before us, the following points have emerged for consideration:
- Whether the complainant proved that there is any deficiency of service on the part of the opposite parties?
- Whether the complainant is entitled to the reliefs?
- To what relief?
Point No.1: In view of the Provision of Section 11 (2) (a) of C.P.Act 1986 and establishment of branch office of opposite party No.1 at Hyderabad, the objection qua territorial jurisdiction of this Hon’ble Forum to entertain this complaint is unsustainable and holds no water.
Ex.B2 is the property and irregularity report and the settlement of the claim of the complainant by the opposite parties for missed checked-in baggage weighing 7 Kgs in accordance with the regulations of IATA and arriving at payment of Rs.11,180/- appears to be proper. The complainant declared the contents of his missed baggage which are clothes, Liquor bottles, Iron Box, shaving kit and Chocolates (Ex.B2). The averments of the complaint as to the missed baggage that it contained valuables worth of Rs.3,00,000/- is an afterthought of the missing of the baggage. Thus answer to this point No.1 is infavour of the complainant but against the opposite parties.
Point No.2&3: In the light of the above discussion, we have come to the conclusion to award Rs.5,000/- towards humiliation, mental agony, pain, anxiety and strain suffered by the complainant ; and Rs.3,000/- towards cost of the litigation.
In the result, the complaint is partly allowed and the opposite parties are jointly and severally liable ; and are hereby directed to pay to the complainant
- Rs.11,180/- towards missing of the complainant’s baggage weighing 7 Kgs.
- Rs.5,000/- towards compensation for humiliation, mental agony, anxiety, stress and trauma suffered by the complainant
- Rs.3,000/- towards cost of the litigation.
Compliance of this order by the opposite parties within 45 days from the date of receipt of this order and in the event of failure, the amount i.e, Rs.11,180/- & Rs.5,000/- attracts 12% of interest P.A.
Dictated to steno, transcribed and typed by her, pronounced by us on this the 13th day of December , 2019
LADYMEMBER MALEMEMBER PRESIDENT
APPENDIX OF EVIDENCE
Exhibits filed on behalf of the Complainant:
Ex.A1 - Acknowledgment of baggage
Ex.A2 – Ticket
Ex.A3 – Boarding pass
Ex.A4 – Copy of pass port
Ex.A5 – Passenger property questionnaire
Ex.A6 – Description of contents
Ex.A7 – Galileo e- Ticket ( Transfer information)
Ex.A8 - Check-in baggage Allowance
Ex.A9 - copy of Opposite party mail
Ex.10 – Complainant’s letter
Ex.A11 – copy of opposite party mail
Exhibits filed on behalf of the Opposite parties:
Ex.B1 – Landing certificate (Customs Declaration)
Ex.B2 - Property irregularity report
Ex.B3 – Email from baggage services (Mumbai) for settlement and claim
LADYMEMBER MALEMEMBER PRESIDENT
