JYOTSNA RAJENDRA SHAH Vs. GULF AIR COMPANY GSC

JUDGEMENT

(1.) COMPLAINANT by Mrs. Khanuja, Advocate. The respondent by Mr. Tambe. The grievance of the complainant is that she travelled from Detroit to Bombay. She carried two bags having weight of 35 kg and 32 kg each. After reaching Bombay, the bags were found missing. Ultimately after four days, one bag could be traced out which was weight 32 kg. and the other bag of 35 kg. was still missing. She did not get back that bag. The respondent admitted the miss-handling of the bags and offered 200 dollars to be paid at the first instance for the loss of one bag. Subsequently, thereafter, this offer was increased to 300 dollars and then to 400 U.S. dollars. Before any settlement was arrived, this complaint came to be filed and then this offer made by the respondent was reduced and brought down to 200 dollars only. It is contended that the bag which was having 35 kg. weight on the basis of their contentions, this complainant is entitled to 700 dollars, which they did not give. The stand taken by the Opposite Party is that the complaint itself is not maintainable because this Commission has no jurisdiction to try this complaint in view of the provisions of the Regulation 28 of the Warsava Convention. This contention cannot be accepted because the complainant stays in Bombay. She landed at air port at Bombay and the opposite party has its functioning branch office. Therefore, this Commission has the jurisdiction to entertain and decide this complaint.

(2.) AFTER hearing the learned Counsels and after going through the papers which are filed by the complainant, it is not disputed that the complainant travelled from Detroit to Bombay and the loss of luggage of one bag missing for ever having 35 kg weight. It is seen that the respondent had offered first 200 dollars, then 300 dollars and thereafter 400 dollars but did not pay the same. From the above facts, it is evident that the bags lost, which fact is admitted by the opposite party. It is contended that they had offered 400 dollars which the complainant rejected. The fact that 35 kg. bag is missing is not disputed. From the conduct of the opposite party, it appears that having accepted the claim about the missing of the bag of 35 kg. and 32 kg. bag was found later on, it was obligatory on the part of the opposite party to pay for the missing luggage weight of 35 kg. tarrif amounting to 700 dollars, as fixed by them; which they did not offer to the complainant. We, therefore, direct the respondent to pay to the complainant 700 U.S. dollars within a period of four weeks from the date of this order along with the interest. We further order 300 dollars to be paid to the complainant as compensation for unnecessarily directing this way or that way and dragging to this stage. These 300 dollars shall be paid to her within a period of two weeks. With this direction, this complaint stands allowed.