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BEFORE:     HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER   HON'BLE DR. S.M. KANTIKAR, MEMBER For the Petitioner : Mr. Maibam N. Singh, Advocate For the Respondent :

 Dated : 23 Nov 2015  	    ORDER    	    

 JUSTICE J.M. MALIK, PRESIDING MEMBER

 

1.      Both the fora below have granted compensation in  favour of Dr.Atanu Ghosh, the complainant, in the sum of Rs.50,000/- because, out  of  five  registered  'check-in' baggages,  one was missing and could not be traced out.  A complaint was lodged with the officials of SpiceJet, Kolkata.  FIR was lodged with the police.  It is explained that the  said  baggage  contained goods, such as Sony Video camera, Sony Cyber shot digital camera,  cosmetics and clothes, valued at Rs.90,000/-.

 

2.      We have heard the counsel for the SpiceJet Ltd. & Others.  The learned counsel for the petitioner vehemently argued that the compensation  should  have  been given as per the rules.  He has filed a copy  of  the terms of  carriage  issued under the Caption "Low-cost Air travel,  International flight Tickets from India, Cheap Airline Tickets India / SpiceJet Airlines".  In the middle of the page, it mentions, as under :-

 
"The Carrier's liability for loss or damage to baggage is limited to Rs.200/- per kg with a maximum of Rs.3,000/- only.  The carrier assumes no or perishable articles".