Indigo Inter Globe Aviation Ltd. & Anr. vs Mr.Manish Nagpal on 8 April, 2016
7. Shri Ankit Jain, learned counsel appearing for the appellants
(OPs) has argued that the District Forum, Raipur (C.G.) has exceeded its
territorial jurisdiction in view of specific clause 18 of the Terms and
Conditions of Carriage. He further argued that the impugned order
passed by the learned District Forum, is erroneous and the District
Forum has wrongly fastened liability on loss of baggage of the
respondent on the appellants (OPs). The respondent (complainant) is
only entitled to get Rs.200/- per kg and maximum Rs.3,000/- in respect
of loss of baggage from the appellants (OPs). The appellants (OPs) are
ready to pay the said amount to the respondent (complainant), but the
respondent (complainant) is not willing to receive the said amount form
the appellants (OPs). Learned District Form has wrongly awarded a
sum of Rs.47,673/- (Rs.42,673/- + Rs.5,000/-) - and a sum of Rs.10,000/-
towards compensation for mental agony to the respondent
(complainant) which are highly exorbitant. The respondent
(complainant) is not entitled to get any compensation from the
appellants (OPs), therefore, the appeal of the appellants (OPs) be allowed
and the impugned order be set aside. He placed reliance on A.B.C.
Laminart Pvt. Ltd. & Anr. Vs. A.P. Agencies, Salem, 1989 AIR 1239,
//11 //
1989 SCR (2) 1; Appeal (Civil) 7653 of 2004 - Shree Subhlaxmi Fabrics
Pvt. Ltd. Vs. Chand Mal Bardia and others decided by Supreme Court
on 29.03.2005; Civil Appeal No.4925 of 2011 - InterGlobe Aviation Ltd.
Vs. N. Satchidanand, decided by Supreme Court of India on 04.07.2011;
Appeal Case No.153/2010 - Mr. Rajeev Mehta Vs. The C.E.O. Go
Airlines (India) Pvt. Ltd. and another, decided by State Consumer
Disputes Redressal Commission, Union Territory Chandigarh on
28.04.2011; Revision Petition No. 28 of 2008 - Shiv Garg Vs. Lufthansa
German Airlines & Ors. decided by National Consumer Disputes
Redressal Commission on 24.04.2012; and First Appeal No.A/12/250 -
Adil Irshad Saiyed Vs. Jetlite India Ltd. decided by State Consumer
Disputes Redressal Commission, Maharashtra on 14.08.2012.