West Bengal

Kolkata-I(North)

CC/132/2017

Dr. Sudhir Kumar Ghosh - Complainant(s)

Versus

Air India Ltd. and another. - Opp.Party(s)

20 Apr 2017

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/132/2017
 
1. Dr. Sudhir Kumar Ghosh
S/o Late Lalit Mohan Ghosh, 2, Narayratan Lane, Hatibagan, Kolkata - 700004.
...........Complainant(s)
Versus
1. Air India Ltd. and another.
Airlines House, 113, Rakbganj, Gurudwara Road, New Delhi - 110001.
2. Air India Ltd.
Corporate office at 39, Chittaranjan Avenue, P.S. - Hare Street, Kolkata - 700012.
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MRS. Samiksha Bhattacharya MEMBER
 HON'BLE MR. Sk. Abul Answar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 20 Apr 2017
Final Order / Judgement

Order No. 2  dt.  20/04/2017

Heard the Ld. Lawyer for the complainant and perused the materials on record. Complainant stated in his petition that he was going to London to attend an engagement ceremony on 30.09.2016. When the complainant reached London Heathrow Airport he found out that his luggage was lost. Accordingly he made complaint before o.p. and till date o.p. would not trace his luggage. Hence the application praying for refund of Rs.8,00,000/- along with compensation of Rs.4,00,000/- and litigation cost of Rs.50,000/-.

The complainant boarded the flight  from Delhi Airport, the luggage was lost at London Heathrow Airport and the complaint was made before London Airport. No cause of action arose within the territorial jurisdiction of this Forum. No cause of action arose at the office of o.p.no 2. No communication has been sent to o.p.2. Ld lawyer for complainant argued that since o.p.2 is the branch office of o.p.no.1 for that purpose complainant made o.p.no.2 as a party.

Complainant made o.p.2 a party, only to create the territorial jurisdiction of this Forum.

In view of above the instant case is rejected due to lack of territorial jurisdiction. Complainant is at liberty to file the instant case before appropriate Forum for the self same cause of action.

Certified copies of this order be supplied to the parties free of cost.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MRS. Samiksha Bhattacharya]
MEMBER
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER

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