GIRI TRADING AGENCY vs EAST WEST AIRLINES

THE complainant firm is a dealer, distributor and exporter of religious books, casettes, Pooja items etc., and it has a show room at No. 10, Sannadhi Street, Mylapdre, Chennai-4. THE complainant''s people purchased extensive Pooja items and books at Bombay and they packed them in 8 parcels which totally weighed 110 kgs. THEy booked the parcels with the opposite party airlines at Bombay Airport on 14.9.1995 and paid necessary charges for the same for transit from Bombay to Madras. THE opposite party booked the 8 parcels and assigned Baggages Nos. 107838 (7 Nos.) and 107819 (1 No.). Having thus entrusted the goods to the opposite parties the complainant''s people boarded the flight No. 4S 757 to reach Madras. THE flight landed at Madras around 11 p.m. THEy went to collect the parcel but to their shock, they found that the parcels had not arrived. THEy made frantic search for the parcels but in vain. Enquiry made with the Officers of the opposite party was of no use. THEy told the complainant to contact the Airlines next day morning. THE complainant met one Mr. Menon, Duty Manager of the opposite party on the morning of 15.9.1995 and he promised to contact his Bombay Office and inform to the complainant by that afternoon. But Mr. Menon did not give any useful information. One Mr. Gopa Kumar, Deputy General Manager, directed the partners of the complainant to give a written complaint. THE complainant firm did so but there was no response to that. THE complainant sent a legal notice on 2.1.1996. But the opposite party did not care to reply to that.

ON account of the fault of the opposite party, the complainant suffered a huge loss of Rs. 3,92,368/- as the cost of the items purchased and the complainant also sustained loss of reputation. The complainant also suffered loss of income and also mental agony. By failing to deliver the 8 parcels booked with them, the opposite parties have committed deficiency in service. During the flight, even though the partners of the complainant informed the opposite party that they were vegetarians, they were offered only non-vegetarian food as a result of which the partners of the complainant had no food. This caused immense hardship and mental agony to the partners of the complainant firm. On these allegations, the complainants have claimed a compensation under several heads all totaling of Rs. 5,85,470/-.

In the written version it is contended that the complainant''s people when they left the Airport at Madras, have not made any complaint about non-delivery of baggages and this shows that the complainants have taken with them the baggages brought by them. The complaint alleging missing of baggage was made only after a week, that was on 21.8.1995. Even the tags of the baggages have not been produced to the opposite party. As such the opposite party are not liable to pay any amount to the complainant. The allegation that the complainant''s people were not served with vegetarian food is false. Therefore the complaint is liable to be dismissed.

THE point that arises for consideration is whether there was any deficiency in service on the part of the opposite party as alleged, and if so, what relief can be granted to the complainant. Point :-The case of the complainant appears to be that they have booked 8 parcels totally weighing 110 kgs. with the opposite party airlines to be carried from Bombay to Madras while they travelled in the same flight. But on arrival at Madras, they found to their shock that the baggages were not available. All their efforts to get at the parcels were of no use since the Officers of the opposite party were of no help to them at all. This amounts to deficiency in service on the part of the opposite party. But the opposite party would contend that there is nothing to show that the complainant''s people booked any parcels or baggages with the opposite party, and they should have left the Airport at Madras with their baggates. There is absolutely no evidence whatsoever let in by the complainant to show that any baggages were booked with the opposite party at Bombay. Even the baggage tags were also not produced. Therefore the complainant failed to prove that there was any deficiency in service on the part of the opposite party in not transporting and delivering their baggages. The further case of the complainant is that during the flight of the complainant''s people from Bombay to Madras, they were not served with vegetarian food inspite of the information by them to the opposite party that they were vegetarins. As regards this too there is no evidence whatsoever. Thus the complainants failed to prove any deficiency in service on the part of the opposite party.

IN the result, therefore the complaint is dismissed but without costs. Complaint dismissed.