JET AIRWAYS I PVT. LTD Vs. VENKAT MUNDLA

JUDGEMENT

(1.) Aggrieved by the order in C.D.No.959/2004 on the file of District Forum-I, Hyderabad , the opposite parties preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant booked an Air Ticket to travel by Jet Airways Flight no.9 for travel from Hyderabad to Bombay on 4th August,2003, having an international connection to travel to USA by Delta Airways from Bombay on the same day. Accordingly the complainant booked all his baggage checked in and passed through the security check with hand baggage and went to board the flight No.9W 452 leaving Hyderabad at 17.15 hours. It is further submitted that after getting the cabin baggage checked and the documents /boarding pass etc verified, the complainants son Mr.Venkat was told that there is no space in the cabin for keeping his hand baggage and requested him to leave it along with the booked luggage. The complainants son pleaded that the hand baggage contained leather pouch wherein the travel documents, passport, visa and cash etc and would like to collect the same before handing over the baggage as he has not locked it, but the staff removed it in a great hurry without allowing him to take out pouch and placed the tag LRT- 048300 in his hand. When the flight reached Bombay, the complainant found the following missing from his hand baggage

(3.) The complainants son is traveling with his classmates to join the college at Laze Western Reserve University, Cleveland, Ohio, USA and the complainant complained to the Jet Air Ways authorities at Bombay Airport and he lodged a complaint on 4.8.2003 giving the details of the stolen articles and obtained certificate of pilfered property. In the absence of pass port and visa the complainant was not allowed to travel to USA and was left behind at Mumbai Airport. Thereafter the complainant had to run from pillar to post for getting his pass port under Tatkal Scheme by paying Rs.5000 /- and he paid Rs.6,370/- towards D.D. for obtaining duplicate visa and had to travel to US consulate at Chennai four times besides undergoing severe mental agony for more than 25 days from 4th August to 29th August,2003 and incurred lot of expenditure for flying to US Consulate at Chennai who were not ready to give the duplicate visa, green card without verifying again from USA. In addition to traveling expenses by trains and flights the complainant lost US $ worth 500 and $ 20 worth Rs.23,350/- + Rs.934/- and also incurred expenditure towards the cancellation of US ticket which was booked for 4th August to an extent of Rs.11,470/- , and also he had to pay extra charges to get his ticket booked i.e. Rs.25,845/- and spent Rs.22,000/- on travel expenses and Rs.18,000/- towards overseas calls and fax messages and seeks Rs.2 lakhs towards compensation for mental agony suffered by them. He got issued a legal notice on 15.9.2003 to the opposite parties but did not receive any response from opposite party no.1 and opposite party no.2 sent a reply dt.26.9.2003 stating that the matter is being investigated. Vexed with their attitude, the complainant approached the District Forum seeking direction to the opposite parties to pay Rs.1,36,021/- as indicated in the statement of expenditure incurred, to pay compensation of Rs.2 lakhs and to pay costs of Rs.5000/-