1. This revision petition has been filed by the petitioner Vinod Karan Mehta, against the order dated 13.01.2014 of the State Consumer Disputes Redressal Commission, Karnataka (in short ‘the State Commission’) passed in First Appeal No.1649 of 2013. 2. Brief facts of the case are that the petitioner/complainant undertook the air travel by the services of the Air India the opposite parties/respondents and booked four luggage items. Three luggage items reached safely at the destination, however, 4th one was lost. The opposite parties offered a compensation of Rs.6,300/- @ Rs.450/- per kg. However, the complainant refused to take that amount and filed a consumer complaint no.1190 of 2013 before the District Consumer Disputes Redressal Forum, (in short ‘the District Forum’). The complaint was resisted by the opposite parties/respondents on the ground that Rs.450/- per kg of luggage has been approved by the Director General of Civil Aviation (DGCA) and the Airline is bound by these directions and the same is printed on the terms and conditions of the ticket itself. Hence, the opposite parties cannot pay more than this amount. District Forum after hearing both the parties, passed the order that opposite parties should pay damage charges of Rs.63,00/- to the complainant. 3. Aggrieved with the order dated 23.10.2013 of the District Forum, the complainant/petitioner preferred appeal No.1649/2013 before the State Commission, which was dismissed at the stage of admission. 4. Hence the present revision petition. 5. Heard the learned counsel for both the parties and perused the record. 6. The learned counsel for the petitioner stated that the damage of Rs.6,300/- is only meant for loss of item as per the terms and conditions of the ticket, however, no compensation for mental agony and inconvenience caused to the complainant has been ordered by the fora below. It was further mentioned that as per Section 3 of the Consumer Protection Act, 1986, the remedy under the Consumer Protection Act is in addition to any other remedy available under any law for the time being in force. The compensation awarded by the District Forum is as per the provisions of the Indian Carriage Act, but no decision has been taken by the fora below on the prayers made in the complaint. In fact the total loss was of Rs.68,000/- and the bills of sarees that were inside the bag were also produced before the District Forum. The complainant had suffered a loss of Rs.68,000/-, but he is getting only Rs.6,300/-. The luggage was lost due to deficiency of opposite parties and no compensation has been allowed for that deficiency. 7. In support of his arguments, the learned counsel for the petitioner relied upon an order of this Commission passed in M/s. Emirates Vs. Dr. Rakesh Chopra, FA No.204 of 2008, decided on 11.04.2013 (NC), wherein this Commission affirmed the order of the State Commission and directed the respondent/opposite party to pay a sum of Rs.2.00 lakhs as compensation over and above the settlement of claim under the provisions of the Carriage by Air Act, 1972. 8. On the other hand, the learned counsel for the respondents/opposite parties stated that the order of the District Forum is as per the terms and conditions of the ticket. In fact the ticket is a contract between the Airline and the customer and its terms and conditions are binding on both. If the complainant was not satisfied with this provision of damage at the rate of Rs.450/- per Kg, he should have declared the value of the luggage item and if it was more than this amount he should have paid extra amount to the Airline. The complainant has not utilised this provision. Hence, he cannot claim more than the amount available under the terms and conditions of the ticket as approved by the DGCA. 9. In support of his arguments, the learned counsel for the respondents relied upon an order of this Commission passed in the The Head of Ground Staff Sahara Airlines Ltd. Vs. Jayant Rath, RP No.2554 of 2008, decided on 18.02.2015 wherein this Commission directed the petitioner/opposite party to pay damages for the lost baggage in accordance with the provisions of the Carriage by Air Act, 1972. 10. I have carefully considered the arguments advanced by the learned counsel for both the parties and have examined the record. It is true that apparently there is no deficiency on the part of the opposite parties/respondents so far as it relates to payment of the damage charges for the loss of luggage at the rate of Rs.450/- per kg because the opposite parties are following the orders of the DGCA as stated by the opposite parties. 11. As in the present case, opposite parties are liable to only pay Rs.6,300/- to the complainant for loss of luggage, The position on ground is that a VIP luggage/sky bag itself costs Rs.5,000- 8000/- and if this type of bag is lost with material/clothes inside it, the damages given by the Airline may not be sufficient. It is the duty of the Airline to safely transport the luggage of the passengers and the loss of the luggage is to be treated as an exception to the rule. In this context, the compensation for loss of the luggage should be much more. Though, I would like to rely more on the judgement of this commission in The Head of Ground Staff Sahara Airlines Ltd. Vs. Jayant Rath,( supra) which is of a later date than the judgement cited by the petitioner as it shows the recent trend, however, it seems that the Airline/DGCA has fixed this amount at bare minimum, keeping in view the market prices of VIP luggage/sky bag/other bags with clothing/items of general use, a bag weighing upto 15 Kg would have a value of roughly Rs.12,000-15,000/- if the rate is taken as Rs.1000/Kg which seems quite reasonable. From this point of view, the complainant is also entitled for compensation from the Opposite party/Airlines for inconvenience and mental agony suffered by him, which is allowable by a consumer forum under Section 14 of the Consumer Protection Act, 1986. The argument of the learned counsel for the petitioner that he suffered a loss of Rs.68,000/- cannot be accepted because the value was not declared and no excess amount was paid. The item was also not separately insured. 12. Based on the above examination, I am of the view that the compensation for the lost luggage as provided under terms and conditions of ticket is not sufficient to fully compensate a common passenger for the loss of his baggage and that needs to be enhanced by the competent authority. Keeping this in view, I deem it appropriate to order that additional compensation of Rs.10,000/- (Rupees Ten Thousand only) be paid by the opposite party/Airline to the complainant. 13. Based on the above discussion, it is ordered that the respondents/opposite parties shall pay an additional compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant within a period of six weeks from the date of this order over and above the amount of Rs.6300/- ordered by the District Forum. Orders of the fora below stand modified. Accordingly, Revision Petition No.1787 of 2014 is disposed of in terms of this order. No order as to costs. |
