DEVRAJ SHARMA vs KLM NORTH WEST AIRLINES

LIMITED grievance of the appellant against the impugned order dated 9. 1. 2008, is that the District Forum has not considered the terms and conditions mentioned on the jacket of the air ticket under the title "domestic Luggage Liability Limitation" providing that the liability is limited to US D 2800 per passenger unless a higher value has been declared and additional charges paid and has only relied upon the affidavit of General Manager of the respondent to the effect that under Carriage by Air Act the liability limit is US D 20 per kg for checked baggage and US D 400 per passenger for unchecked baggage and the Airline baggage liability can be upto US D 1250 per passenger.

WE have perused the impugned order closely and find that the District Forum has not at all referred to the terms and condition of the contract printed on the jacket of the ticket which is a concluded contract and has only accepted the affidavit of the respondent whereby the airlines baggage liability was held to be US D 1250 as against this there is notice of baggage limitation also. We do not deem it necessary to issue notice to the respondent as we are neither passing any adverse order against the respondent nor we are varying or modifying the impugned order so far the quantum is concerned. We are only remanding back the matter to the District Forum for considering the terms and condition of the contract printed on the jacket of the ticket which has not been dealt with or considered at all.

In the result, we allow the appeal, set aside the impugned order and send back the matter to the District Forum with the direction to decide it afresh on merit after dealing with and discussing the aforesaid terms and condition of the contract and the pleas raised by the appellant in the complaint as well as in the appeal. The respondent shall also be given liberty to controvert the aforesaid terms and condition printed on the jacket of the ticket.

THE appellant shall appear before District Forum on 3. 7. 2008 for the aforesaid purpose. Bank Guarantee/fdr, if any, furnished by the appellant be returned forthwith.

A copy of this order as per the 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. Appeal allowed.