CONSUMER EDUCATION & RESEARCH SOCIETY Vs. SPICEJET LIMITED

JUDGEMENT

(1.) HEARD Mr. N.R. Parmar, learned Advocate for the appellant and Mr. K.B. Purohit, learned Advocate for the respondent. This appeal under Section 15 of the Consumer Protection Act, 1986 is directed against order dated 31.12.2007 rendered in Complaint No. 761 of 2007 by the learned Ahmedabad City (Additional) Consumer Disputes Redressal Forum, Ahmedabad, dismissing the complaint with no order as to costs.

(2.) FACTS leading to the filing of this appeal shortly stated are that the complainants lodged a complaint claiming compensation of Rs. 7,500 with 12% interest and Rs. 5,000 by way of cost of the complaint alleging that complainant No. 2 (for short, Complainant) on 29.11.2006 came from Mumbi to Ahmedabad by Spicejet Airlines Flight and when he landed at Ahmedabad Airport and received the baggage found that one of his bags had cut on both sides of it and certain valuable articles including cash of Rs. 3,000 were found missing. The claim was lodged at the airport itself about the missing articles and damage to the baggage. The complainant also lodged claim with the opponent airlines but the claim did not find favour with the opponent airline and thereafter the complaint came to be filed before the learned City Forum. The opponent did not appear before the learned City Forum and did not file any reply/objection to the complaint. The learned City Forum, considering the material on record and the pleadings, dismissed the complaint which order has been assailed in the present appeal by the appellant - original complainant.

(3.) IT is not disputed that on 29.11.2006 the complainant boarded flight of Spicejet Airlines at Mumbai for coming to Ahmedabad. It is also not in dispute that the baggage was handed over to the airline s personnel at the place of boarding. According to the complainant when he landed at Ahmedabad and collected the baggage entrusted to the opponent airlines, one of his bags was found have cut at both sides. According to the complainant, valuable articles worth Rs. 7,500 were missing from the baggage of which Rs. 3,000 were in cash.