S.GOVIND RAJAN vs INDIAN AIRLINES

THE complainant claims for more than Rs. 1,00,000/- as damages and compensation from the opposite party.

THE facts are that the complainant and his family had travelled by Indian Arilines flight No. IC 409 on 3rd of May, 1992 from Lucknow to Calcutta. Two suitcases were booked with the Indian Airlines before boarding the plane as the same could not be taken as cabin baggage. One of the suitcases was delivered at the destination while the other one was lost. It contained clothes and personal belongings of the complainant and his wife. Due to non-delivery of the baggage, the complainant and his family was put to great inconvenience because from 4th of May to 10th of May, 1992 in Calcutta ICI India Ltd. had convened a conference to discuss important matter with regard to retirement and post- retirement situation. It has further been indicated that in that suitcase the clothes which were kept were to be worn by them in the meeting but as the baggage had been lost. THErefore they had to wear those clothes which they were wearing at the time of journey. Those clothes were not pressed and hence a peculiar situation took place at the time of meeting and the complainant had to explain his position to each and every person there. On account of this extreme inconvenience the complainant suffered mental agony and quite a lot of shame when he was seen in crumpled clothes. THE Indian Airlines have not given any compensation to them inspite of the demand being made. Instead they offered the compensation of Rs. 3,600/- at the rate of Rs. 300/- per kilogram of the baggage. One of the baggage lost was 12 kgs. but it contained clothes etc., of higher valuation, a detailed list of which is attached with the complaint, The opposite party, Indian Airlines, had filed a written statement alleging therein that in terms of the rules framed for the administration of the affairs of the erstwhile Indian Airlines and carrying out its function, a notification was made in the Official Gazette. Clause (g) of Sub-section 2 of Section 45 of the said Act makes rules relating to the condition governing the carriage of persons or goods or its service. According to the provisions, after a baggage is lost then the compensation is paid at Rs. 300/- per kilogram of registered baggage, and Rs. 2,500/- in respect of entire unregistered baggage of which the passenger takes charge himself. Accordingly the opposite party is prepared to pay a sum of Rs. 3,600/- to the complainant for the loss suffered by him on account of the misplaced baggage which could not be traced but inspite of best efforts.

On the basis of hearing, none of the parties turned up inspite of the fact that both the parties had information of the case and the date fixed. As no evidence was filed by the complainant, therefore, no evidence was filed by the opposite party. Thus there is no evidence on record from the side of the complainant to prove that he had suffered the loss claimed by him. The opposite party has admitted the claim for Rs. 3,600/- only and on the basis of this admission the claim for this amount can be decreed. Thus we find that the complainant is entitled to a claim of Rs. 3,600/- only. ORDER

THE claim petition is partly allowed and the opposite party is directed to pay a sum of Rs. 3,600/- to the complainant within a period of two months from today. Let copy be made available to the parties as per rules. Petition partly allowed.