Order dictated by:
Sh.Charanjit Singh, President
- Palwinder Sandhawalia complainant through Sh.Jayant Nath Sharma as power of attorney holder has filed the present complaint under section 11 & 12 of the Consumer Protection Act on the allegations that complainant travelled from Amritsar to Frankfurt through Air India and got booked his valuable articles like clothings, decorative and gift items. The said valuable articles misplaced from the said flight and despite best efforts the same were not traced out , as such he could not receive his said articles. The complainant requested the opposite party many a times to the Air India authorities to trace out her said luggage and have over to her but they flatly refused to take any action. The tag number of the said luggage was A1673424 dated 9.12.2015/1150 GNT. The detail of the said luggage is attached herewith. The cost of the said luggage is approximately Rs. 3.5 lac. The complainant visited the opposite party number of times and requested them to trace the luggage of the complainant, but they did not take any action in the matter . Finding no other alternative, the complainant got served a legal notice dated 7.2.2017 upon the opposite party calling upon to got trace the luggage upon which the opposite party gave a reply dated 6.3.2017 mentioning that the complainant has not given the correct tag. It was submitted that once the complainant boarded the flight and booked the luggage after paying the required amount, it was the duty of the opposite party to safeguard the luggage and handover the same to the complainant at the place of destination. The complainant visited the opposite party number of times and requested the concerned officials to trace the luggage of the complainant but they did not take any action . Vide instant complaint, complainant has sought for the following reliefs:-
- Opposite party be directed to trace out the luggage and hand over the same to the complainant or in the alternative to pay the price of the luggage i.e. to the tune of Rs. 3.5 lacs.;
- Compensation to the tune of Rs. 50,000/- alongwith litigation expenses to the tune of Rs. 5000/- may also be awarded to the complainant.
Hence, this complaint.
2. Upon notice, opposite party appeared and filed written version in which it was submitted that the complainant is estopped by his own act and conduct as before boarding the flight the complainant had not given declaration in the prescribed format regarding the nature of valuables contained in alleged missing bag and also he did not pay any additional charges for the same. Even otherwise the liability of the opposite party in case of loss of baggage is limited to the extent of amount fixed by the Carriage by Air Act. The complainant has concealed this fact at the time of travelling that she was allowed to took two bags in a luggage in a flight having total 46 kgs of weight and two luggage tags were issued by the opposite party from Amritsar to Delhi flight on 8.12.2015 vide Tag No. AI 673424 and AI 67343 and on next day i.e. 9.12.2015 two luggage tags were issued by the opposite party from Delhi to Frankfurt flight vide Tag Nos. AI 732072 and AI 732073 and she had not lodged any property irregularity report in this regard on her last arrival at Frankfurt Airport. The fact is that complainant has taken away both bags , as such no bag was lost during travelling in flight. While denying and controverting other allegations, dismissal of complaint was prayed.
3. In his bid to prove the case Sh.Navneet Singh,Adv.counsel for the complainant tendered into evidence affidavit of the complainant Ex.CW1/A, power of attorney Ex.C-1, copy of air ticket Ex.C-2, copy of luggage declaration Ex.C-3, copy of list of articles Ex.C-4, copies of bills of articles Ex.C-5 to Ex.C-7, postal receipt Ex.C-8, copy of legal notice Ex.C-9 and closed the evidence on behalf of the complainant.
4. To rebut the aforesaid evidence Sh.B.S.Arri,Adv.counsel for the opposite party tendered into evidence affidavit of Sh.Ashok Singh,Station Manager Ex.OP1, copy of e-mail Ex.OP2, copy of details of bag with tag numbers delivered at Frankfurt Airport Ex.OP3, copy of reply to legal notice dated 6.3.2017 Ex.OP4, copy of detail of PNK from Delhi to Frankfort Ex.OP5 and closed the evidence on behalf of the opposite party.
5. We have heard the Ld.counsel for the parties and have carefully gone through the record on the file.
6. Ld.counsel for the complainant has vehemently contended that complainant travelled from Amritsar to Frankfurt through Air India and got booked his valuable articles like clothings, decorative and gift items. It was the case of the complainant that the said valuable articles having tag No. A1673424 dated 9.12.2015/1150 GNT misplaced from the said flight and despite best efforts the same were not traced out , as such he could not receive his said articles. The cost of the said luggage is approximately Rs. 3.5 lac. Ld.counsel for the complainant contended that the complainant visited the opposite party number of times and requested them to trace the luggage of the complainant, but to no avail, as such the act of the opposite party in not taking care of the baggage which was in the custody of the opposite party amounts to deficiency in service as well as unfair trade practice on the part of the opposite party.
7. On the other hand Ld.counsel for the opposite party has repelled the aforesaid contention of the Ld.counsel for the complainant on the ground that two luggage tags were issued by the opposite party from Amritsar to Delhi flight on 8.12.2015 vide Tag No. AI 673424 and AI 67343 and on next day i.e. 9.12.2015 two luggage tags were issued by the opposite party from Delhi to Frankfurt flight vide Tag Nos. AI 732072 and AI 732073 and she had not lodged any property irregularity report in this regard on her last arrival at Frankfurt Airport. As such the complainant has taken away both bags , as such no bag was lost during travelling in flight.
8. From the entire above discussion, the case of the complainant is that articles having tag No. A1673424 dated 9.12.2015/1150 GNT were misplaced from the said flight , whereas tag No. A1673424 of the baggage was issued to the complainant for travelling Amritsar to Delhi on 8.12.2015 and on the next day i.e. 9.12.2015 two luggage tags were again issued vide Tag No. AI732072 and AI732073 for travelling from Delhi to Frankfurt . Once the complainant was again issued two tags for the two baggages of the previous tag No. AI 673424 and AI 673423 , how at this stage the complainant can say that articles of Tag No. AI 673424 was lost . The complainant has nowhere pleaded in the complaint that from Delhi to Frankfurt she was issued new Tag numbers of the two luggage , whereas the opposite party has duly produced on record copy of checkin history which fully proved that new Tag Number for two baggage were issued vide No. AI 732072 and AI 732073, copy of checkin history is Ex.OP2 on record. As the opposite party duly handed over the two baggage to the complainant at Delhi Airport and New Tag No. AI732072 and AI732073 of the said baggages were issued for travelling from Delhi to Frankfurt , as such no deficiency in service has been proved on record against the opposite party.
9. Consequently, we find no merit in the complaint and the same is hereby dismissed with no order as to costs. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
