SPICEJET LIMITED Vs. ROHINI CHADHA

JUDGEMENT

(1.) THIS is an appeal filed by the OP against the order of District Consumer Disputes Redressal Forum -II, UT, Chandigarh (hereinafter to be referred as District Forum) dated 14.7.2009 passed in complaint case No. 115 of 2009.

(2.) BRIEFLY stated the facts are that the complainant booked two return tickets on the flight operated by OP from Chandigarh to Mumbai and back. Both these tickets were confirmed and payment was made by credit card and the return journey was performed on 27.1.2007 vide Flight No. SG -114. The complainant was having 4 bags weighing 40 kgs. which was handed over to the officials of the OP at Mumbai Airport during checking. The complainant averred that on the arrival of the flight at Delhi, only 3 bags were delivered to her as one of the bags was found missing. The complainant reported to the officials of the OP. On assurance of the official of the OP that the same would be located and delivered soon at her residence and she came back to Chandigarh by train and ultimately she was intimated that the bag has been lost and OP sent a cheque of Rs. 1,900 as compensation for the loss of the bag. It is submitted by the complainant that she refused to accept the same as the bag contained the goods worth more than Rs. 55,000. She requested several times to the OP to compensate her for the loss but all a futile exercise. Hence, the present complaint has been instituted.

(3.) REPLY was filed by the OP averred that the complainant tried to take benefit of her own wrongs and mala fide acts as the complainant never disclosed about the nature and value of the contents of the baggage. It is further averred by the OP that on the e -ticket, the terms and conditions have been mentioned which reads as under: