Date of Filing:23.01.2020

Date of Disposal:06.03.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

Smt.Nandini H Kumbhar,

Member

1. This complaint is filed by the complainant under section 12 of the C.P.Act, 1986 against the OPs alleging deficiency of service.

2.   The brief facts of the case is as follows: 

That the complainant scheduled to leave Bengaluru on 27.02.2019 and travel to Jakartha through Malaysian Airlines and on arrival at Jakartha on 27.02.2019 the golf baggage had not arrived. After an inordinate delay and no assistance from the Airlines, the complainant was informed that the bag had been misplaced and claim was to be raised on website of the airlines. Thereafter complainant proceeded to the website to submit the claim form due to technical snag on the website unable to upload the necessary documents.On 06.03.2019 the complainant sent email at the official website, but OP has not responded. After much delay the golf bag tracked and returned to the complainant.

3. The complainant submits that, owing to the callous nature of the Airlines misplacing the bag as well as causing an inordinate delay, the complainant constrained to rented the equipment. The complainant put to considerable mental trauma besides considerable financial loss. Thereafter the complainant repeatedly called OPs to compensate for deficiency in service and issued legal notice dt.20.04.2019. After receipt of notice  the OPs have not sent any reply till date. Aggrieved by the act of the OPs the complainant filed this complaint seeking relief as prayed in the complaint.

4. Notice to OPs duly served, despite service of notice,  OPs remained absent and place exparte.

5. The complainant also filed Chief-examination affidavit by reiterating the complaint allegations and also filed documents in support of their plea.

6. Heard arguments of the complainant  and matter is posted for orders.

7.  The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

8. The findings on the above points are as under:

Point No.1               :       Partly in affirmative.

Point No.2               :       As per final order.

REASONS

9. POINT NO.1:-  That the complainant scheduled to leave Bengaluru on 27.02.2019 and travel to Jakartha through Malaysian Airlines and on arrival at Jakartha on 27.02.2019 the golf baggage had not arrived. After an inordinate delay and no assistance from the Airlines, the complainant was informed that the bag had been misplaced and claim was to be raised on website of the airlines. Thereafter complainant proceeded to the website to submit the claim form due to technical snag on the website unable to upload the necessary documents.  On 06.03.2019 the complainant sent email of the official website, but OP has not responded. After much delay the golf bag tracked and returned to the complainant.

10. The complainant submits that, owing to the callous nature of the Airlines misplacing the bag as well as causing an inordinate delay, the complainant constrained to rent the equipment. The complainant put to considerable mental trauma besides considerable financial loss. Thereafter the complainant repeatedly called OPs to compensate for deficiency in service and issued legal notice dt.20.04.2019. After receipt of notice  the OPs have not sent any reply till date. Aggrieved by the act of the OPs the complainant filed this complaint seeking relief as prayed in the complaint.

11. Despite of notice served to the OPs, OPs remained absent and placed exparte.

12. The complainant filed chief examination affidavit by reiterating the complaint averments as against the OPs and also produced documents in support of his contention. From the perusal of the complaint, the complainant travelled to Jakartha through Malaysian Airlines on 27.02.2019 for the purpose of playing golf. When the complainant reaches Jakartha the golf bag had not arrived. When the complainant approached OPs website, the bag had been misplaced and claim was raised on OPs website to upload the necessary documents. Though the complainant has issued legal notice on 20.04.2019 wherein the complainant demanded OP for refund of Airfare of Rs.37,500/- and of Rs.96,126/- .

13. From the perusal of all these documents, the commission is of the definite opinion that admissibly the complainant travelled to Jakartha with golf bag, but after arrival in the Airport the golf bag was misplaced. As per the pleadings of the complainant himself admitted in para-6 & 7 as the complaint that the complainant  informed by the assistance of the OP Airlines that the claim was to be raised on website as the  OP Airlines and while processing to submit claim form the complainant was unable to upload the necessary documents as instructed by the OP Airlines. And it is constrain to note that the claim of the complainant has  failed to produced the related documents to OP in claim form and the the OPs unable to give timely response and proper need to such grievance and due to non-producing of such documents as relevant invoice bill, the OP was unable to consider the claim, but much later the bag  was found and returned to the complainant.

14. From the perusal of the averments of the complaint and allegations as against OP, the commission has opined that the complainant availed service of the OP to travel to Jakartha on 27.02.2019 with golf kit and as per the entire complaint averments the complainant has alleged the issue of missing the golf bag. In our opinion the present complaint filed by the complainant to refund of air ticket and the expenses incurred towards renting golf kit. In this regard the complainant has travelled to Jakartha and enjoyed the travel to Jakartha and there is non-refundable the air ticket and  regarding golf bag which was not arrived in time and the complainant himself admitted in his complaint that after reached Bengaluru the bag was tracked and returned to the complainant. But the absence of any invoice of the returned golf kit and the complainant has not produced any documents for claim of Rs.96,126/-. The documents which  the complainant has produced as doc-5 invoice which is prior to the travel date i.e.07.03.2016 which is not concerned to this complaint. In the absence of any proof of the golf expenses which the complainant  indicated for golf kit the claim of Rs.96,126/- is not tenable. In view of the above the admission is only order to pay the amount of Rs.50,000/- for delay and inconvenience  for the complainant.

15. In view of the above and on perusal of the complaint averments and contention of the complainant the commission is of the clear view that the complainant failed to produce the invoice receipt of  the golf bag. When such being the case, the commission is observed that, however, there was no offer on the part of the OP to effect and when the complainant has claimed for refund of amount  of Air ticket and golf bag kit. Therefore, this commission was quite justified in holding that there was deficiency in service on the part of the OP. But we do not find any reasonable ground for refund of Rs.1,33,526/- along with compensation. There is no documents to determine the amount. When such being the case, to arrive at a reasonable and adequate compensation. We have to depend upon the facts and circumstances and also documents produced by the complainant. In the present case the complainant has incurred an expenditure  of Rs.37,400/- towards flight charges to travelled to Jakartha, which could not be refundable, but due to misplaced the golf bag/kit, the complainant claiming of Rs.96,126/-. The said amount appears to be an higher side, because in the absence of any documentary proof or receipt of the Golf Kit/bag as such, in our view, a just compensation of Rs.50,000/- to be paid for the fact and circumstances will be sub-serve to the complainant.

16. In view of the aforesaid observation and perusal of the complaint and the documents produced, the complaint is allowed and OPs are directed to pay the compensation. Accordingly, the Point No.1 we answer in Affirmative.

17. POINT NO.2:- In the result, we passed the following:

                                     ORDER

1. The complaint  is allowed in part.
2. The OPs are directed to pay Rs.50,000/- to the complainant along with interest at 6% from the  date of filing of the complaint.
3.   The OPs are further directed to pay compensation of Rs.5,000/- towards pain and sufferings to the complainant together with cost of litigation of Rs.5,000/- to the complainant within 45 days.

4. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 06^th March 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)             (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                        MEMBER

Witness examined on behalf of the complainant by way of affidavit:

Sri Vijayendra.P.Bhat-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OPs by way of affidavit:

Documents produced by the OPs:NIL

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*