BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

 Date of filing :  14.01.2015

                                                                                            Date of Order : 07.07.2017

PRESENT:

 Shri. Sheen Jose,                                                 Member (President-in-charge)  
 Smt. Beena Kumari V.K.                              Member.

                            CC.No.23/2015

                                   Between

O R D E R

Beena Kumari V.K.   Member 

1)     A brief statement of facts of this complaint is as stated below:

        On 22.08.2014 the complainant had travelled in the flight of the opposite party – Spice Jet from Chennai to Kochi and in the said journey the baggage containing the gown purchased for the complainant’s sister was totally damaged due to the negligent handling of the baggage by the opposite party.  The complainant submitted that the gown was purchased on 28.07.2014 from Mumbai at a price of Rs.17,700/- and the gown was packed in two polythene bags and the above baggage was damaged beyond repair during the complainant’s journey in the spicejet from Chennai to Kochi.  Due to the damage occurred to the gown, the complainant’s sister could not wear the said gown on the occasion of the complainant’s marriage on 09.11.2014 and due to the mental stress and depression, the complainant’s sister was not even willing to purchase another gown and all the efforts taken for months for the purchase of the gown from Mumbai became futile due to the  gross negligence and willful misconduct of the opposite party and the complainant had to compromise on another dress purchased for her sister from Cochin by incurring further expenses of Rs.15,015/-.  Thus, the money, time and effort spent by the complainant and her family became useless due to the defective or deficient service provided by the opposite party in delivering the baggage entrusted with the opposite party by the complainant.  Moreover, the opposite party had defrauded the complainant by concealing the damages at the time of delivering the luggage to the complainant.  The opposite party is duty bound to make good the loss or damages caused to the complainant and this complaint is filed by the complainant seeking directions of this Forum to the opposite party to pay Rs.160,306/- towards compensation which amount is inclusive of the value of the damaged gown.

2)     Notice was issued to the opposite party and it was served on the opposite party on 08.09.2015 as revealed by the track record of postal Department. 

But the opposite party did not respond to the notice served on them.  Therefore the opposite party was set ex-parte and the Counsel for the complainant relinquished his vakalath on 05.03.2016.  The complainant or her Counsel was absent when the case was posted for hearing on 31.10.2016.  Hence the case is disposed of after considering the available records.

3)     The issues emanated in this case for consideration are as follows:

(i).    Whether this complaint is maintainable before this Forum?

(ii).   Whether the complainant has proved deficiency in service or unfair trade practice on the part of the opposite party. If so, whether the complainant is entitled to get refund of the price of the damaged dress material or gown from the opposite party?

(iii).   Whether the opposite party is liable to pay compensation to the complainant for the deficient service offered by the opposite party along with costs of this proceedings?

4)     The evidence in this case consisted of the ex-parte proof affidavit filed by the complainant and the documentary evidences furnished by the complainant which were marked as Exbt. A1 to Exbt. A7. The polythene bag containing the dress material/gown which was marked as M.O.1.

5)     Issue No.(i)

        Exbt.A1 cash memo of Seasons Enterprises Pvt Ltd, Mumbaidated 28.07.2014 would go to show that the complainant had purchased dress material valued Rs.17,770/-.  Exbt. A3 E-ticket would go to show that the complainant had travelled in the flight of the opposite party from Chennai to Cochin on 22.08.2014 and Exbt. A3 is the print out of the E-ticket issued by ‘Make My Trip’ for the above flight travel.  The complainant flew in spice jet flight No.313 at 3.20 p.m, from Chennai to Kochi.  Exbt.A2 is the boarding pass issued to the complainant by the opposite party –Spice Jet. While the complainant was boarding the flight, one of the crew members of the opposite party told the complainant that her luggage bag was torn and asked the complainant to take the luggage bag as ‘hand baggage’.  After reaching home, the complainant verified the luggage bag and found that the polythene bag, the strong inner plastic cover and the dress material inside it, were all damaged beyond repair.  The complainant alleged that the loss occurred to her was a direct consequence of the deficient service offered by the opposite party to the complainant during the complainants travel from Chennai to Kochi in the flight of the opposite party on 22.08.2014.  Here a part of cause of action for this complaint was in Kochi therfore we find that this Forum has territorial jurisdiction to entertain and decide this complaint.  The 1^st issue is thus decided in favour of the complainant.

6)     Issue No. (ii)

        The complainant’s case is that the baggage containing costly dress material or gown, which was entrusted to the crew of the opposite party, was totally damaged due to the negligent handling of the baggage by the opposite party.  It is submitted that the costly dress material packed in a strong plastic cover and again in a polythene bag was handed over to the complainant to hold it as a ‘hand baggage’ after she had boarded the plane and the bottom of the baggage was seen torned at the time of handing over to the complainant.  It is submitted by the complainant that the dress material within the strong plastic cover was also damaged but the damage caused to the plastic bag and dress material was not visible at the time of handing over the same since the crew of the opposite party placed the plastic cover containing the dress material upside down before it was handed over to the complainant so that torn portion of the inner bags plastic bag containing the dress material was concealed.  The complainant after reaching home, found that the costly dress material/gown was also damaged beyond repair.  The complainant submitted that much effort had been taken by the complainant and her family to purchase the above gown/dress material along with other bridal dress materials, that it was after months of discussion and planning the complainant and her sister Anamika decided to purchase a special gown for Ms Anamika from Mumbai for the special occasion of the complainant’s marriage which was scheduled to be held on 09.11.2014.  The subject dress material/gown was purchased from seasons Enterprises Pvt. Ltd. Mumbai on 28.07.2014 after paying Rs.17,770/- as evidenced by Exbt. A1 cash Memo dated 28.07.2014. The complainant’s parents and her sister had flown to Mumbai via jet Konnect S2-5824 on 25.07.2014 and Exbt.A4 is the relevant E-Ticket issued by Yatra.com.  After selecting the above dress material/gown the complainant had given order to customize the same with necessary alterations and the complainant’s parents and her sister had returned  to Kochi via GoAir, G8-347 on 30.07.2014 and an amount of Rs.24,249/- was spent by the complainant for the return journey of the complainant’s parents and her sister.  Thereafter the complainant had moved to Chennai from Mumbai for ease of wedding preparation and on 22.08.2014she had travelled in opposite party’s flight from Chennai to Kochi and she had 3 luggages and the gown or dress material purchased for her sister was packed first in a thick plastic or polythene bag which was further packed in a suitcase –shaped zipped polythene bag and thereafter the same was further packed in a strong carry bag with a strong zip.  It was handed over to the crew of the opposite party to be carried as one of the luggage and while boarding the flight one of the crew members of the opposite party informed the complainant that bottom of one of the baggage was torn due to their mistake and requested the complainant to carry the said luggage as ‘hand baggage’ and on reaching home the complainant verified the gown or dress material contained in the torn baggage and found that the top front portion of the gown or dress material was damaged beyond repair.  We have verified the baggage which was produced by the complainant before the Forum and marked as M.O.1.  It is seen that the outer suitcase shaped polythene bag is found torn at its bottom, and the thick plastic or polythene bag is damaged and shrinked and open due to its contact with some hot object.  The dress material is also checked and it is found that the front top portion of the gown or dress material is found damaged.  Thus we find that the averments of the complaint are true and correct.  It is also found that the complainant could not make a complaint before the Cochin Airport authorities since the inner plastic or polythene bag was placed upside down by the crew of the opposite party to conceal the damage happened to the inner polythene bag and to the dress material.  We find no reason to disbelieve the sworn statements in the proof affidavit filed by the complainant. There was no response from the opposite party despite receipt of notice from this Forum.  We find no reason to disbelieve the sworn statement of the complainant that all the members of her family were mentally upset and worried due to the deficient service offered by the crew of the opposite party. Exbt. A5 series are the email communications intimating the damage caused to the baggage and to the gown or dress material. E-mail communications were sent to

7)     Issue No.(iii)

        The complainant has prayed for directions to the opposite party to reimburse the following amounts, along with costs.

        The opposite party has no direct connection with the expenses incurred by the complainant for the purchase of flight tickets by the complainant for her parents and her sister and for the accommodation at Mumbai.  Therefore the complainant is not entitled to get reimbursement of Rs.45,000/-.  The complainant is also not entitled to get reimbursement of Rs.2,818/- spent towards flight charges on 22.07.2014 for the very same reason.  Exbt. A6 bill issued by Utsav, M.G. Road is not relating to purchase of new dress material valued Rs.15,015/- but it related to some other dress valued Rs.4000/- and lace valued Rs.1,000/- and Exbt. A7 is photocopy of photograph of the complainant and her sister wearing new dress purchased from Cochin on the wedding day of the complainant.  The opposite party is in no way liable to reimburse the value of the new dress purchased by the complainant since it has only remote connection with the opposite party.  The next prayer of the complainant is to give a direction to the opposite party to pay Rs.80,000/- towards compensation for the mental agony suffered by the complainant.  We have already directed the opposite party in the foregoing paragraph to refund the price of the dress material which was carelessly handled by the crew of the opposite party with interest.  The above order is sufficient to subside the mental agony, suffered by the complainant.   However the complainant has spent her valuable time and money to contest this case.  Therefore we find that the complainant is entitled to get costs of the proceedings from the opposite party we fix the costs at Rs.3,000/- (Rupees Three Thousand). 

        In the result, this complaint is allowed in part and we direct as follows:

1. The opposite party shall refund Rs.17,770/- to the complainant being the price of the dress material due to the careless handling of the baggage belonging to the complainant, with interest at the rate of 12% p.a. from 22.08.2014 till the date of realization.
2. The opposite party shall also pay Rs.3,000/- towards the costs of the proceedings.

The above orders shall be complied with, within 30 days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 7^th day of July 2017.

Sd/-Beena Kumari V.K. , Member

Sd/-Sheen Jose, Member (President-in-charge)

Forwarded by Order

Senior Superintendent

Date of Despatch:

By Hand:

By Post::

                                                          APPENDIX

Complainants Exhibits

Opposite party's Exhibits:    Nil

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