Chandigarh

DF-I

CC/522/2015

Narendra Dhaka - Complainant(s)

Versus

Air India Ltd - Opp.Party(s)

Ankush Chowdhary

18 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/522/2015
Date  of  Institution	:	07/08/2015
Date   of   Decision	:	18/12/2015

 

 

 

 

 

1. Narendra Dhaka son of Late M.S. Dhaka.

 

2. Raj Kumari Dhaka wife of Narendra Dhaka.

 

3. Shivani Dhaka daughter of Narendra Dhaka.

 

    All residents of House No.326, Sector 7-A, Chandigarh.

……….. Complainants.

 

VERSUS

 

1.   Air India Limited, Indira Gandhi International Airport, Delhi, through its Manager.

 

2.   Air India Limited, Kempagowda International Airport, Bengaluru, through its Manager.

 

……….. Opposite Parties 

 

BEFORE:   SH. P.L. AHUJA               PRESIDENT

          SH. SURESH KUMAR SARDANA     MEMBER

 

For Complainants	:	Sh. Ankush Chowdhary, Advocate.
For Opposite Parties	:	Sh. S.R. Chaudhuri, Advocate.

 

PER SURESH KUMAR SARDANA, MEMBER

 

         

1.      Tersely, the facts and material, culminating in the commencement, relevant for the disposal of the instant Consumer Complaint and emanating from the record are that, the Complainants had gone to Bangalore for their daughter’s convocation ceremony and sightseeing with effect from 21.05.2015 to 25.05.2015. In this regard, they had booked their flights with Air India vide Flight No.AI863 from Chandigarh to Delhi having scheduled departure at 10:55 hrs. from Chandigarh Airport to Indira Gandhi International Airport, Delhi on 21.05.2015. Thereafter, on the same day i.e. 21.05.2015, the Complainants had proceeded from Indira Gandhi International Airport, Delhi to Bangalore vide successive Flight No. AI502 having scheduled departure at 12:30 hrs. from Indira Gandhi International Airport, Delhi to Kempagowda International Airport, Bangalore. It has been alleged that the Complainants reached the Bangalore Airport at the scheduled arrival time. When they were waiting at the Conveyor Belt, they were shocked to found their one bag missing. Accordingly, a Complaint was immediately made to the staff of Opposite Parties at the counter of Air India at Kempagowda International Airport, but the staff brushed aside the requests of the Complainants in a casual manner, due to which the Complainants had to undergo tremendous deal of harassment. It was after much insistence that the Complainants were given a claim form to fill for their missing baggage. Thereafter, on 22.05.2015, the Complainant No.1 received correspondence from Air India asking him to identify the missing baggage. The baggage then took another day to reach the Complainants. It has been stated that the aforesaid acts of the Opposite Parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainants, have not been redressed, left with no alternative, the present complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), has been filed before this Forum, seeking various reliefs.

 

2.      Notice of the complaint was sent to Opposite Parties seeking their version of the case.

 

3.      Opposite Parties in their joint reply, while admitting the factual matrix of the case have pleaded that one baggage registered under the name of Miss Shivani had not reached Bangalore on same flight with the passenger on 21.05.2015. However, the said baggage was traced intact, got identified from the Complainants and finally, delivered to them on 23.5.2015. It was a simple case of delayed receipt of baggage and there was no malafide intent therein. Denying all other allegations Opposite Parties have prayed for dismissal of the complaint. 

 

4.      Parties were permitted to place their respective evidence on record in support of their contentions.

 

5.      We have heard the learned Counsel for the Complainants and have also perused the record, along with the written arguments filed on behalf of the Complainants as well as Opposite Parties. 

 

6.      The Opposite Parties have themselves admitted that there was a delay in arrival of the baggage. The baggage was delivered next day i.e. 23.05.2015. The Opposite Parties have failed to prove that they have paid the Complainants Rs.2000/- per clause “Delayed Delivery of Baggage (Domestic Services)” of the Citizens Charter [Annexure R-3/A]. For the sake of precision, the said clause reads as under:-

 

“DELAYED DELIVERY OF BAGGAGE

 

Domestic Services

 

If delivery of baggage is delayed or delivered the next day/ subsequently, an interim payment towards purchase of items of immediate necessity such as shaving kit, toiletries may be payable, subject to a maximum of INR 2000/-.” 

 

 

7.      In the present circumstances, non-arrival of the baggage at the airport, non-cooperation of the staff of the Opposite Parties and non-payment of interim payment of Rs.2,000/- by the Opposite Parties to the Complainants makes a clear pointer that they were deficient in rendering proper services to the Complainants and were also guilty of unfair trade practice, for which the Complainants are required to be suitably compensated, in order to meet the ends of justice. The harassment suffered by the Complainants due to the aforesaid conduct of the Opposite Parties, is also writ large.

 

8.      In the light of above observations, we are of the concerted view that the present complaint of the Complainants deserves to succeed against the Opposite Parties, and the same is allowed, qua them. The Opposite Parties are, jointly & severally, directed:-

 

[a]  To pay the interim payment of Rs.2,000/- to the Complainants;

 

[b]  To pay Rs.15,000/- to the Complainants on account of deficiency in service, unfair trade practice and causing mental agony and harassment; 

 

[c] To pay Rs.10,000/- as cost of litigation;

 

 

9.      The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amounts mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c] above.  

 

10.      The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

18^th December, 2015                                           

Sd/- 

(P.L. AHUJA)

PRESIDENT

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER