British Airways vs NITIN MAHESHWARI

APPELLANT is aggrieved by the order dated 7.10.2002 whereby it was directed to pay equivalent sum of $ 250 in Indian rupees from date of the order along with interest @ 12% from 6.3.1997 besides the cost and damage of Rs. 15,000/- which also includes the conveyance charges to and fro for getting the bag from the appellant in between 27.2.1997 and 6.3.1997 and for mental pain and agony suffered.

THE fact giving rise to this appeal in brief may be stated in brief. THE respondent travelled by flight of the appellant on 25.2.1997 from USA to New Delhi and before his departure handed over two bags to the appellant but at arrival in Delhi only one bag was handed over. Admittedly the second bag, which was traced and subsequently handed over on 6.3.1997 was found in damaged condition as it had cuts from many places. Though the appellant contends that it had offered $ 250 to the respondent after filing of the purchase voucher against the damaged bag but the respondent did not accept. It is pertinent to mention that subsequently the appellant did not pay the sum by claiming that it has become time-barred and called upon the respondent to file purchase vouchers. Offer of $ 250 by the appellant to the respondent proves the factum of the baggage having been handed over in damaged condition. Since there is dispute whether such offer was made or not, or the respondent declined the offer at the first instance or not still the fact remains that the appellant declined to pay even $ 250 on highly flimsy plea that this claim has become time-barred. These are not such claims, which are governed by the Limitation Act or provisions of C.P.C. These are only damages provided to a consumer on account of deficiency in service or unfair trade practice. The providers of service are not expected to take such plea, which does not behove it that the claim has become time-barred and became stale.

However, in the given facts and circumstances of the case we feel that the award of interest on $ 250 from 6.3.1997 by the District Forum was not justified but the conduct of the appellant in taking time to make this offer and thereafter withdrawing the same and then compelling the respondent to approach the District Forum to have his rightful claim does entitle the respondent some compensation for mental agony and harassment. It appears that the respondent/complainant did not accept this offer because he had preferred his claim of the goods and the article contained in the baggage, which got damaged. There is no such term of agreement between the consumer and the provider of service that the contents of the baggage are also recoverable if the baggage is lost or damaged.

WE partly allow the appeal by directing the appellant to pay $ 250 in Indian rupees on the date of this order within one month and shall also pay a sum of Rs. 5,000/- towards compensation on account of mental agony and harassment besides Rs. 500/- as cost of litigation. Appeal is disposed of in above terms. A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to record room. The FDR if any deposited by the appellant be returned to the appellant after completing necessary formalities. Appeal disposed of.