Delhi

New Delhi

CC/531/2016

Smita Renwal - Complainant(s)

Versus

M/S.Indigo Airlines - Opp.Party(s)

13 Nov 2019

ORDER

 

 

 

        CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

                ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                           NEW DELHI-110001

 

            Case No.C.C./531/2016                                                            Dated :

 

            Smita Renwal

            Flat No- 105, Dr. Murad Building,

            Abu Heil Deira

            Dubai

 

            Also at

            Flat No- 202

            Chitra Akshganga  Complex,

            Kavesar, Ghodbunder Road ,

            Thane West - 40067

  ……Complainant

 

        Versus

 Indigo   Airlines

Central Wing, Ground Floor,

Thapar House , 124 , Janpath

New Delhi - 110001                                                       …….Opposite Party

 

 

 

 

            H.M. VYAS – MEMBER

 

                                                                        ORDER

 

The gist of the complaint is that the complainant  has filed the present complaint through her constituted attorney  brother Sh. Shashank Renwal as per the special power of attorney executed in his favour. It is stated that the complainant booked her confirmed Air ticket from the OP on 13/01/2016 for Dubai to Delhi in flight no. 6E22 bearing PNR no. BE9R7U. It is alleged that the complainant boarded the same flight on the scheduled date and checked in two baggage  for which the luggage labels were duly  affixed on the boarding pass of the traveler. On reaching Delhi Airport she found that one baggage was untraceable which she handed over to the Indigo executives at the time of checked in. On advice of the OP of executive, a written complaint was given by the complainant . It is stated that she visited India to attend the last rites & rituals of her grandfather.

Copy of PIR (Property Irregularity Report) annexed.  After waiting for the long time the complainant lodged the complaint to Indigo Airlines by emails and twitter filed by many reminders . The OP offered the complainant  a compensation of 340 $  i.e. at the rate of 20 $ per kg contrary to the Montreal Conventions which provides the liability of 1311 SDR in case of loss of baggage to the complainant. The copy of email also attached. It is also stated in the complaint that the baggage contained articles worth approximately Rs. 2,50,000/-  which was lost by OP in transition due to negligence . The complainant has also enlisted  the articles in para 9 of the complainant ( copies of purchase receipts assured) quantifying the loss to the tune of 10459 AED. The current rate of AED and the amount quantified in terms thereof is stated to be  Rs.1,91,399/- INR. The demand of the said amount  was raised alongwith  24% interest through the legal notice dated 04/03/2016 beside  compensation of mental agony etc. The OP has offered of 340 USD and refund of ticket amount which was 874 AED was not acceptable to the complainant. Following prayer has been made :-

1. A claim of Rs. 1,91,399/- INR along with future and pendetillite interest @ 24% p.a.  from the date of lost luggage i.e.  13/01/2016 till the payment is made by the opposite party in favor of the complaint and against the opposite part;
2. A claim of Rs. 300000/- towards  the mental agony and physical harassment caused to the complainant due to the negligence and deficiency in service of the opposite party in favour of the complainant and against the opposite party ;
3. A claim of Rs. 50,000/- cost of the present legal expense in favour of the complainant  and against the opposite party;
4. Pass such other and further order(s) as this Hon’ble Court  may deem fit and proper in the interest of justice.

After notice  served upon OP as per the India Post track record, none appeared and the OP was proceeded ex-parte on 10/01/2017. Ex-parte evidence filed on behalf of the OP. Oral arguments were also addressed.

We have considered the material placed before us and the submissions made in the case. The OP is already ex-parte on 10/01/2017. The copy of PIR filed by complainant mentioned 3 distinctive items  mentioned as Koton cloth,   Kanwood Hand Blender  and an i-phone . The weight of the luggage was 17 kg. The OP in its communication admittedly offered compensation of USD 340 beside refund of reservation amount equivalent to AED 874.

The complainant stated to have placed these items in the checked-in baggage which stated  to have been lost. The complainant has not substantiated  that proper information of the precious items in the baggage was duly  given at the time of checking  the luggage.

It is also considerable that  the details of the items  received  in the baggage  by the complainant out of the two baggage is nowhere  in record nor any avertment  in this regard has been made. In this premise of facts, we are of the considered view  that accepting the contention of the complainant about the lost quantified shall not be appropriated. We therefore, are of the considered view that the compensation has offered by the OP  should be awarded in favour of the complainant . Accordingly, we direct as under:-

1. OP to pay a compensation of USD 340 i.e.  USD 20 per kg.

 

2. OP to pay reservation amount equivalent to AED 874 equivalent to INR 18.30 X 874 = 16,378.76/-.

 

3. Litigation cost including mental agony and harassment Rs. 20,000/-.

The Orders shall be complied within 30 days from the date of receipt of this order.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on:  13/11/2019

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

                                                (ARUN KUMAR ARYA)

                                                                          PRESIDENT

 

           (NIPUR CHANDNA)                                                             (HM VYAS)

             MEMBER                                                                       MEMBER