news details |
|
|
| CC enhances compensation, dismisses appeal of Jetlite Airlines | | | EARLY TIMES REPOT
JAMMU, December: 31 (JNF):- The State Consumer Commission today dismissed an appeal filed by Jetlite Airlines against the order of Consumer Forum in which Forum awarded Rs 72950/0 for the loss caused to the valuable items contained in the missing attachee and granted compensation Rs 10,000 for mental harassment and physical agony. The forum further granted Rs 5000 as litigation charges in favour of complainant Dr. Inder Parkash Gupta.
The complainant Dr. Inder Parkash Gupta and his wife traveled in Jet Airlines from Banglore via Mumbai to Jammu on the ticket which was purchased in Jammu through internet. They had two luggages with them one attaché and one bag which was “checked in luggage” and reflected against registered numbers in their ticket. Their last destination of journey was on the same day at Jammu Airport. After disembarking from the air-craft and reaching the lounge they were flabbergasted to know that their checked in luggage was found missing at the unloading counter/belt. Immediately complaint was lodged in the office of Station Manager Jetlite Airlines Airport Jammu on the same day which was registered as complaint. After a gap of one month, one bag from the missing luggage was returned at the house of the respondent. It is alleged that the damage had been caused to the bag as well as articles contained therein. The other piece of luggage which was attaché could not be traced out. In the missing attaché valuable items valuing Rs.82, 950/- were kept. On the written complaint of Dr. Inder Parkash Gupta r/o Municipal Flats Sabzi Mandi Jammu, forum after completion of the proceedings indemnified the respondents herein to the extent of Rs.72,950/- for the loss caused to the valuable items contained in the missing attaché and granted compensation in the sum of Rs.10,000/- for mental harassment and physical agony. The litigation charges were granted in the sum of Rs.5,000/-. Interest was also paid @ 6% per annum.
Aggrieved by the said order the Jetlite Airlines challenged the same on the grounds that the forum has not considered the legal requirement of making declaration which under the terms and conditions of the provisions of the “Carriage by Air Act 1972” and notification issued there under on March 30th 1973. Forum had no jurisdiction to entertain the complaint. The award is on the excessive side as the amount of loss has not been proved.
State Consumer Commission comprising Justice GD Sharma (rtd) and Mr. BL Saraf Member (rtd) Sessions Judge after going through the facts observed, admittedly it is a case missing of attaché which contained clothes and other valuable items as mentioned in the complaint. Undoubtedly, it was delivered to the appellants as “checked in baggage” before resuming the journey. Its non-delivery at the destination to the respondent amounts to rendering deficient service under the provisions of the J&K Consumer Protection Act.
Commission further observed that It was the duty of the appellants to ascertain whether such imposed conditions under the Carriage by Air Act 1972 regarding the declaration and fixed rate of alleged loss to the valuable items contained in the missing attaché were incorporated in the Air Travel Ticket or not. Those conditions should have been in the knowledge of the respondent. No such condition has been either shown or proved in the ticket which was used by the respondent and his wife before under-taking air journey. No evidence is on the record that attention of the respondent was drawn that he was required to pay extra air fare in case the valuable items were contained in his luggage which had to be carried in the air-craft. In the absence of any such privity of contract, unilateral defence raised by the appellants cannot be accepted. With these observations Commission upheld the order of the Forum and enhanced the amount of loss from 72950/- to 82950 which was the actual loss and also imposed 3000 as cost and dismissed the appeal filed by Jetlite Airlines. JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
