State Consumer Disputes Redressal Commission
Adil Irshad Saiyed vs Jetlite India Ltd., on 14 August, 2012
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
BEFORE THE HON'BLE STATE CONSUMER DISPUTES
REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/12/250
(Arisen out of Order Dated 14/12/2011 in Case
No. 426/2008 of District Mumbai(Suburban))
1. ADIL IRSHAD SAIYED
ZING EVENTS, 210,
CRESCENT TOWER, OFF LINK ROAD, ANDHERI WEST, MUMBAI 400053.
...........Appellant(s)
Versus
1. JETLITE INDIA LTD.,
THROUGH ITS AIRPORT
MANAGER, DOMESTIC AIRPORT DEPARTURE TERMINAL I-B, SANTACRUZ EAST,
MUMBAI 400099.
...........Respondent(s)
BEFORE:
Hon'ble Mr. P.N.
Kashalkar PRESIDING MEMBER
HON'ABLE MR. Dhanraj
Khamatkar Member
PRESENT:
None is appearing for
the appellant.
......for the Appellant
Mr.Ajay Jaiswal,
Advocate for the respondent.
......for the Respondent
ORDER
(Per Shri P.N.Kashalkar, Honble Presiding Judicial Member ) (1) This appeal filed by the original complainant whose complaint was allowed partly by Mumbai Suburban District Forum by judgment and award dated 14/12/2011 in Consumer Complaint No.426/08. Not satisfied with the inadequate compensation awarded, the complainant filed this appeal.
(2) Facts to the extent material may be stated as under:
The complainant had traveled from Kolkatta to Mumbai on 02/12/2007 while taking flight at Kolkatta Air Port, he had given his check-up baggage to the authorities of Jet Lite India Ltd. at checking counter.
When he reached at Mumbai Air Port his bag was not traced. Delivery was not given by the officials. He lodged complaint against the officers of the opponent.
According to the appellant, he had kept some valuable articles and cash total worth `18,000/-. Since bag was not traced out, he sent a notice through Adv.I.A.Saiyed to opponent and demanded `18,000/- for loss of bag, but same was not complied with. Hence, he filed consumer complaint claiming cost of baggage `18,000/-, compensation toward mental agony `1,50,000/-
and cost `15,000/-.
(3) The opponent filed written statement and contested the matter.
They pleaded that the complainant traveled from Kolkatta to Mumbai, but according to them as per printed terms & conditions on the ticket and in terms of The Carriage by Air Act, 1972 for loss of baggage, the airline is supposed to give compensation `450/- per kg. They pleaded that the complainant is not entitled to get valuable articles and cash total worth `18,000/- contained in the baggage. Had he disclosed before giving it at checking counter, the matter would have been different. Since baggage was not given to the complainant at Mumbai Air Port, he is offered compensation of `450/- per kg. They, therefore, pleaded that the complaint should be dismissed with costs.
(4) The forum below upon considering the documents and hearing both the sides, held that since there was loss of bag weighing about 20 kgs, the complainant was entitled to receive `450/-
per kg totaling to `9,000/-
from the Airline as per Carriage by Air Act, 1972 r/w Rule 3(2) and therefore, simply directed the respondent company to pay a sum of `9,000/- by way of damages for loss of bag with interest @12% p.a., besides awarded `5,000/- by way of costs. No satisfied with inadequate compensation granted and proved deficiency in service on the part the respondent company, appellant filed this appeal.
At the stage of admission on 14/08/2012, none was present for the appellant and Adv.Ajay Jaiswal was present for the respondent. He files Vakalatnama. On perusal of documents and upon hearing the counsel for the respondent, we are finding that the appeal is devoid of any merit. Admittedly as per law, if any passenger loses baggage while traveling by air on any flight, his case is governed by Carriage by Air Act, 1972 and Rule 3(2) of the Schedule attached to the said Act. As per regulation No.4 of Carrier Act for the loss or damage to the bag, compensation payable is limited to `450/- per kg, unless value of contents in the bag is declared and additional charges are paid by the passenger.
In the instant case, it was not case of the appellant that while he handed over the bag at the checking counter of Jet Lite India Ltd., he had declared that the bag was containing valuables & cash worth `18,000/- and he had paid extra charges for the same when the bag was given at the counter. On reaching Mumbai, he noticed that his bag was lost. As per Carriage by Air Act, 1972 and regulation mentioned above, passenger is entitled to get compensation @ `450/- per kg for loss of baggage. In this case, admittedly, appellants baggage was weighing 20 kgs.
Therefore, he was simply entitled to get `9,000/- @ `450/- per kg for the loss of baggage. The forum below, therefore, rightly awarded an amount of `9,000/-
with interest @12% p.a. besides awarded cost of `5,000/-. In our view, nothing more can be given to the appellant. We have perused the appeal memo. We are of the view that the what has been awarded by the forum is sufficient. There is nothing to award something more to the appellant who is appearing to be greedy in nature. We are finding no substance in the appeal. Hence, the order.
ORDER (1) Appeal is summarily rejected.
(2) No order as to costs.
(3) Inform the parties accordingly.
Pronounced on 14th August, 2012.
[Hon'ble Mr. P.N. Kashalkar] PRESIDING MEMBER [HON'BLE MR. Dhanraj Khamatkar] Member pgg