Order-15.
Date-16/03/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that complainant faced lot of problem while travelling in Air India in a flight to Rome from Kolkata via Delhi on 22-06-2015 being Flight No.AI21 and ticket No. was JP67X.
The connecting flight from Delhi to Rome had a waiting time of more thatn 1 – 1½ hours which is more than enough to transfer the luggage from one flight to the next but complainant on reaching Rome was shocked to see that her luggage has not arrived and she asked for assistance at the air port but the authority said that her luggage shall arrive on 23-06-2015 night before which she was to depart for Bari.
Complainant’s allegation is that she sent the luggage to Rome before her departure for Bari not only that there was no attendant from Air India to give her any assistant but it was late in the evening when the complainant reached the hotel, the shops were all closed and she was out and about looking for something to buy. Rome is not a very safe place for a woman to walk around along at night, yet she was doing that due to the negligence and harassment caused by the Authorities of Air India and fact remains complainant lodged a complaint with lost found at the rate ofconsulta.in for her missing luggage but no response was made. Ultimately, the baggage was to arrive at Bari on 24-06-2015 and she tried to call and follow up more than 200 times but there was little or no assistance given at all and having no other alternative complainant lodged a complaint vide mail dated 24-06-2015 when on vacation people like to enjoy sightseeing, see new places, she was constantly over the phone from one number to the3 other hoping one time someone will answer.
In spite of receiving several complaints Air India Authority failed and/or neglected to comply with the requisites of the said complaints and complainant sine 22-06-2015 till 27-06-2015 was without her luggage and on 27th June, after she travelled 45 minutes to the Airport, collected her luggage after spending about 200 Euros. During these six days the complainant was in a helpless condition and she had to take monitory assistance from her friends in Bari to buy clothes, shoes, toiletries et. When an Airline company gives a budged of 50 dollar a day one need to consider what is a person to do with 50 dollar. 50 dollar is not close enough to buy essentials leave alone the harassment for a person has to go and stress about how to get ready every day. In fact, there were certain medicines she was unable to take due to such negligence.
Eventually the complainant recovered her luggage at Bari after 6 days and she had to go and receive it at the Airport of Bari and on delivering the luggage the authority never asked for any identification and also did not weight the luggage in front of her. They simply handed over the luggage and asked for no signature in return. When the complainant opened her luggage once again to her utter shock and surprise the Gucci Clutch was missing from within. It was so disappointing to firstly receive her luggage almost after a week and thereafter, goods were stolen from within. Immediately thereafter, several letters of complainant were lodged to the authority concerned but no steps were taken for reasons best known to them. The cost of the said Gucci Clutch is Rs.1,50,000/-. Complainant on several occasions has given letters to the OP through e-mail dated 29-06-2015 and 30-06-2015 but unfortunately there was no response from Air India for reasons best known to them and having no other alternative the complainant issued a legal notice dated 25-07-2015 through her Ld. Advocate and that was received by the OP on 31-07-2015 and one Jhumur Mukherjee, Manager (VC/CS) General Manager (C) acknowledged the receipt of the legal notice through mail dated 04-08-2015 and sincerely apologized for the inconvenience caused due to delay delivery of the luggage and assured that the matter is under investigation and will revert back but unfortunately did nothing till date.
In fact, OP did not take any heed to compensate the compaliannt and as such the complainant was compelled to file this complaint praying for compensation of Rs.2,00,000/- for harassment and humiliation and for valuation of articles of Gucci Clutch etc.
On the other hand OP by filing written statement submitted that the entire complaint is baseless. As it appears from the record that the luggage of the complainant was misplaced and left behind at Delhi Airport and the same was forwarded to Rome by AI-123 on 23-06-2015 and since she continued her journey by Alitalia Flught AZ-1607 of 23-06-2015from Rome to Bari against a separate Alitalia ticket, her baggage was further sent to Bari from Rome and complainant collected her baggage at Bari on 27-06-2014 but she did not disclose at any point of time that there was a valuable item like the Gucci Clutch in her baggage. Complainant did not make any allegation of receiving the baggage in damaged or pilfered condition at the time of taking delivery of the same at Bari and she neither asked to weigh the baggage nor reported for any missing item therein. So, there is no deficiency in service on the part of the OP.
In reply to the legal notice dated 25-07-2015 given on behalf of the complainant, the OP sincerely apologized for the inconvenience caused to the complainant due to delayed delivery of her baggage at Rome by e-mail dated 04-08-2015 to her Advocate and it was assured that the matter was under investigation and on receipt of the reports they would rever to her.
No doubt OP offered the complainant GBP 50 equivalent local currency as interim relief towards delayed delivery of baggage as per Lost, Damaged and Delayed Baggage Rules which is provided in the OP’s website and that amount is equivalent to Rs.3,000/- which OP is agreeable to pay GPB 50/- equivalent to local currency as interim relief to the complainant for delayed delivery of her baggage as per the said rules. OP submits that complainant should not have kept a valuable article such as Gucci Clutch of Rs.1,50,000/- in his checked in baggage as per Article 9.1.3 of the General Conditions of Carriage for Passengers and Baggage of Air India Ltd. and the said article states that the passenger shall not include in checked baggage fragile or perishable items, money, jewellary, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passport and other identification documents or samples and the aforesaid general conditions are available in the public domain and mentioned on the official website of Airlines. Without prejudice to the aforesaid but fully relying thereupon the OP states that entire complaint is baseless in view of the fact that at any point of time complainant had never submitted that Gucci Clutch is within the baggage and that is lost. So, the claim of the complainant is not maintainable for which complaint should be dismissed and in fact, for more earning complaint filed this complaint.
Decision with Reasons
On an indepth study of the complaint and written version and further considering the general condition of carriage and passengers and package of Air India Ltd. it is found that limits of compensation is fixed in Article 17 and as per Article 17 it is clear that it is the liability of the passenger at the time of handing over the baggage or packages to carrier (Airlines) a special declaration of interest in delivery at destination and also the list of valuable documents and for that he must have to pay supplementary sum or at the time of delivery of the baggage and packages to the carrier (Airlines) there must be a declaration about the amount of the valuable goods inside the baggage and in that case if it is lost, the carrier shall have to pay a sum not exceeding the declared sum but in this case complainant as passenger did not declare any declaration at the time of handing over the bag that inside the package there is an item (Gucci Clutch) having its market value of Rs.1,50,000/- when that was not there then there is no scope on the part of the OP to pay any amount as alleged Gucci Clutch. At the same time it is proved that complainant received package of said baggage at Bari and at the time of receiving the same no complaint was lodged and there was no allegation submitted to delivery person that the said bag was damaged, broken or lock was unlocked etc. Admittedly, complainant received the same at her place at Bari on 27-06-2015 and at that point of times he did not disclose that there is a valuable item Gucci Clutch in her package and was missing and there was no allegation at the time of receiving of the baggage that baggage was in damaged condition or pilferage was made after breaking lock etc. or not reported any missing complaint to the delivery authority then how the complainant can claim that there was Gucci Clutch inside the baggage. So, from very inception of the booking of luggage complainant never disclosed that inside the bag there was valuable article Gucci Clutch and there was no mention of declaration also. So, considering that fact and also the conditions as laid down in the Article 17 we have gathered that as per Clause complainant is not entitled to get any relief for alleged loss of Gucci Clutch but no doubt it is proved that complainant received the said baggage on 27-06-2015 but actually it was booked on 22-06-2015 but actually it would be delivered on 23-06-2015 at night hours. So, it is clear that complainant received that baggage after lapse of 5 days then as per Clause for delayed delivery of package and as per international condition in respect of international journey if delivery of entire checked baggage is delivered beyond 24 hours when a passenger is on a visit to a foreign country and has no access to their own wordrobe, then one time interim expense of GBP 50.00 or equivalent in local currency shallbe reimbursed. In India, the amount is INR 3,000 but as per said Clause the carriers shall not be liable beyond this limit if it is proved that such delay was caused for wrongful act or omission of the carrier or its servant or agents and as per Montreal Convention 1999 such liabilities is limited to a maximum of 1,131 SDRs per passenger in case of a delay. But there must be a declaration at the time of handing over the bag to the carrier(Airlines) departure station. So, considering the above fact we are convinced to hold that in fact, as per Montreal Convention for delayed delivery of 5 days/6 days at best complainant is entitled to Rs.3,000/- per day then for 5 days’ delay complainant is entitled to Rs.15,000/-. But about loss of Gucci Clutch we have failed to rely upon such claim of the complainant on the ground on the date of her departure on 22-06-2015 complainant did not hand over the said bag to carrier (Airlines) with such declaration that there is a Gucci Clutch of such an such amount and at the same time on the date of receiving the said bag from the Air India Authority at Bari complainant received it without any objection and at the relevant time there was no reporting that the bag was pilfered or damaged or lock was broken etc. but everything was reported after 27-06-2015 but considering the entire materials we find that about loss of Gucci Clutch complainant is not entitled to get any relief in view of the fact from very inception that is at the time of delivery of the baggage no such declaration was made that there was a Gucci Clutch having its value of Rs.1,50,000/- inside the said bag and as per clause of Air India it is the liability of the passenger to keep such valuable articles at his own risk when no declaration is made and in the present case no declaration was made for which complainant cannot get any benefit for alleged loss of Gucci Clutch when at any point of time from delivery of the bag to Air India Authority and received by the complainant at Bari no such existence of Gucci Clutch was disclosed by the complainant but everything started after smooth delivery, invariably after lapse of 5 days. So, regarding alleged loss of Gucci Clutch complainant has failed to give any reliable evidence that there was any existence of Gucci Clutch and any declaration at the time of delivery of the baggage at the Airport Authority but anyhow forthwith OP offered Rs.3,000/- but complainant did not received it. So, except delay, loss of Gucci Clutch is not entertained by this Forum on the above ground and peculiar factor is that complainant received the luggage on 27-06-2015 and first time he lodged complaint on 29-06-2015, that is after lapse of 2 days.
In the result, the complaint succeeds in part.
Hence,
Ordered
That the case be and the same is allowed on contest against the OP with a cost of Rs.3,000/-.
OP is hereby directed to pay a sum of Rs.15,000/- to the complainant within one month along with litigation cost that is total Rs.18,000/- to the complainant within one month from the date of this order failing which for non-compliance of the Forum’s order and harassing the complainant for further period OP shall have to pay penal damages at the rate ofRs.1,000/- per month till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.
Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.
