Order No.  13  dt.  09/06/2017

        The fact of the case in brief is that the complainants were travelling from Delhi to Kolkata by Air India flight no. AI 764 on 30/10/2014 vide PNR no. H7HR9. After arrival in Kolkata airport out of five bag and baggage which were checked in Delhi, one baggage which was a medium size trolley bag (VIP make, mauve in colour) was not received by the complainants. It contained valuable items like salwar suits, sarees, costemics, sun glass etc. Non-receipt of the baggage was immediately reported to the baggage service unit of Air India at the airport. Accordingly, PIR(Property Irregularity Report) was registered by the complainants on the same day, i.e. on 30/10/2014 at Air India baggage counter at Kolkata airport having tag no. AI-042673. The Air India official in Kolkata airport gave the complainants a missing tracing file no. CCUAI21868.

        Thereafter complainant no. 1 made several visits to Kolkata airport and finally it was told by Air India authority that the said baggage was thoroughly searched in Kolkata baggage centre and not found and perhaps that never moved from Delhi Airport baggage centre and might be available there. The complainant 1 intimated the fact to Mr. Harjeet Singh, Air India manager, New Delhi through E-mail on 18/11/2014. He also went to Delhi and had spoken to Mr. Singh to get the bag searched. They searched among the unclaimed bags and intimated the complainant no. 1 that the bag was not traceable. Complainant returned from Delhi empty handed. The content of the bag along with price details of the items amounting to Rs. 37,590/- was intimated to IALSCR through e-mail dt. 11/12/2014. The complainant received one letter dt. 17/12/2014 from o.p. 1 regarding compensation against non-receipt of bag. The compensation amount was Rs. 3,150/- and this amount was offered as full and final settlement. Since the weight of the lost baggage was 7 kg. as per PIR the liability was calculated  @Rs. 450/- per kg. which amounts to Rs. 3,150/-. This letter dt. 17/12/2014 was sent with 2 enclosures, i.e. 2 Discharge Receipt Forms for providing undertaking towards the acceptance of the compensation amount of Rs. 3,150/- in full satisfaction and liquidation of all claims which the complainants may whatsoever have in respect of damage / loss of baggage / personal effects. On 19/01/2015 complainant no. 1 intimated to o.p. no. 1 that this amount was not even the cost of their trolley bag. On 19/01/2015 o.p. 1 responded by repeating the same offer of compensation of amount of Rs. 3,150/-. Then complainant no. 1 sent a letter dt. 11/09/2015 regarding absolute denial for accepting the compensation of Rs. 3,150/- and requested to compensate by paying Rs. 37,590/-. But till date complainants have not received any response from o.p.s. Hence the application praying for Rs. 37,590/- as cost of the goods contained in the bag in question along with compensation of Rs. 15,000/- and litigation cost of Rs. 10,000/-.

        O.p.s contested the case by filing w/v. they admitted the fact that one bag out of 5 bags of the complainants was lost. O.p.s stated in their w/v that since the lost baggage could not be traced despite of all the best efforts, on 17/12/2014 the o.p. 2 vide letter no. CCU/GM/@/4-1/2224 in response to the e-mail dt. 16/12/2014 of the complainants, offered an amount Rs. 3,150/- to the complainants for the lost baggage of 7 kg.s as per rules and requested the complainants to complete certain formalities so as to enable the o.p.s to make the said payment.

        Air India Ltd. had offered the said compensation amount against the lost bag to the complainants on the basis of weight loss at the rate of Rs. 450/- per kg. as per Baggage Liability Limitations governed by the General Terms and Conditions of Carriage – Passenger & Baggage of Air India. The same is available in the website www.airindia.in. However the amount offered as full and final settlement was not accepted by the complainants. O.p.s stated in para 8 that as per rules the complainants are entitled to get compensation of Rs. 3,150/- for 7 kg.s of lost baggage.

Decisions with reasons :-

             We have gone through the pleadings of the parties and evidence in particular.      

        It is admitted fact that the complainants booked tickets to travel Kolkata – Delhi – Kolkata vide Air India flights AI-763 and AI-764 on 20/10/2014 and 30/10/2014 respectively against ticket no. 098-5853536223/224/225 under PNR – H7HR9. It is also admitted fact that when complainants were travelling from Delhi to Kolkata, they noticed at Kolkata airport that out of 5 bags one bag under tag no. AI-042673 weighing 7 kg. was lost and accordingly complainant 2 lodged a complaint in baggage service cell in Kolkata Airport. Mishandled baggage file no. CCUAI-21868 in the name of Smt. Susmita Paul, the complainant 2 was issued. O.p.s have admitted that though several tracer mails were sent to Delhi and other different stations but the mishandled baggage could not be retrieved within next 21 days. O.p.s have admitted the lost and therefore they offer Rs. 3,150/- to the complainants as a compensation as per their rule, i.e. @Rs. 450/- per kg. for the lost baggage and the lost baggage in question was of 7 kg.s. O.p.s admitted the loss and offered the compensation as per rules and washed of their hands. Complainants declined to their offer since the compensation offer was along with 2 Discharged Receipt Forms for providing undertaking towards the acceptance the compensation amount of Rs. 3,150/- in full satisfaction and liquidation of all claims which the complainants may whatsoever have in respect of damage / loss of baggage / personal effects. Now the question is whether the compensation amount of Rs. 3,150/- was justified or not. Complainant no. 1 sent the content of the baggage with the price details which was of Rs. 37,590/-. At the time of argument complainant no. 1 in person was present on behalf of complainant nos. 2 and 3 and submitted that in Delhi they purchased those items. What the o.p.s offered that amount was not even the price of the trolley bag in question. Due to the loss complainants suffered mental agony and complainant no. 1 had to visit Mr. Harjeet Singh, Air India manager at New Delhi. Complainant no. 1 sent several mail correspondences but o.p.s have stuck to their position by offering compensation a meagre amount Rs. 3,150/-. Complainants have not submitted any wrong representation that the trolley bag contained more valuable items. O.p.s should have considered the prayer of complainants by offering more compensation. Since there is deficiency in service on the part of the o.p.s we hold and conclude that complainants are entitled to get compensation for the lost baggage in question as pro rata basis. Accordingly we hold that the complainants have substantiated their case and as such they are entitled to get relief. Complainant no. 3 is the minor daughter of complainant nos. 1 and 2. Therefore the compensation amount be awarded in favour of complainant nos. 1 and 2.

        Accordingly the complaint petition succeeds.

Hence,

ordered,

        that the case no. CC/570/2015 is allowed on contest with cost. O.p.s are directed to pay the complainant nos. 1 and 2 Rs. 25,000/- (Rupees Twenty Five Thousand) only as compensation for causing harassment and mental agony along with cost of Rs. 6,000/- (Rupees Six Thousand) only  within 30 days from the date of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

        Supply certified copy of this order to the parties free of cost.