LAWS(APCDRC)-2003-2-19

PATRICIA DFURLONG Vs. MANAGING DIRECTOR, EAST WEST AIRLINES

Decided On February 24, 2003
Patricia Dfurlong Appellant
V/S
MANAGING DIRECTOR, EAST WEST AIRLINES Respondents

JUDGEMENT

(1.) THE complainant is resident of Ireland of Tallaght, Dublin. She and her husband boarded the aircraft of the opposite parties, and reached Visakhapatnam on 15.2.1994 to see her mother. At Visakhapatnam instead of three suitcases, only two were handed over to them and one was missing. The complainant immediately reported the matter to the second opposite party at Visakhapatnam and the second opposite party promised to look into the matter. The articles worth Rs. 4,400/ - were kept in the suitcase which was lost. The complainant, therefore, claimed damages of Rs. 1,75,000/ - towards the value of the articles and Rs. 24,000/ - towards compensation.

(2.) THE second opposite party filed its written version stating that only on 28.3.1994 the complainant met the second opposite party informing the loss of her baggage and the Manager of the second opposite party informed her that the complaint should have been made on that day itself, but not on a later date. The complainant then submitted a letter on 10.4.1994 to the second opposite party addressed to the Deputy Managing Director, Bombay. The opposite parties 1 and 2 are not liable to pay any damages.

(3.) BASING on these pleadings and the evidence adduced, the District Forum dismissed the complaint.