JETLITE AIRLINES Vs. INDER PRAKASH GUPTA

JUDGEMENT

(1.) ORDER dated 11.3.2010, passed by 'the learned Divisional Forum Jammu, (hereinafter to be referred to as the Forum) has been challenged in appeal which was time -barred and delay was condoned vide order dated 7.12.2010. The brief facts of the case are that on 19.11.2010, the respondent and his wife travelled in Jet Air Lines from Bangalore via Mumbai to Jammu on the ticket which was purchased in Jammu through internet service. They had two luggages with them namely, one VIP attache and one bag which was a "checked in luggage" and reflected against registered numbers in their ticket. Their last destination of journey was on the same day at Jammu Airport. After disembarking from the aircraft and reaching the lounge they were flabbergasted to know that their checked in luggage was found missing at the unloading counter/belt. Immediately complaint was lodged in the office of appellant No. 2 on the same day which was registered complaint No. 2453888/999. After a gap of one month, one bag from the missing luggage was returned at the house of the respondent. It is alleged that the damage had been caused to the bag as well as articles contained therein. The other piece of luggage which was VIP attache could not be traced. In the missing attache valuable items valuing Rs. 82,950 were kept. The detail has been given in the pleadings and reflected in the impugned order.

(2.) IN the written version, the defence taken by the appellants herein was that under the provisions of "Carriage by Air Act, 1972", it was required that special declaration regarding the valuable items should have been made before they were entrusted for "check in" and extra freight charges should have been paid. That in case of loss of the checked in luggage, respondent was entitled to be compensated at the rate of Rs. 450 per kg according to the weight. It was also alleged that inflated cost/ price of the alleged stolen articles have been shown by the respondent. Respondent in support of his complaint led his evidence by way of affidavit as well as produced the evidence on affidavit of his wife namely, Shrimati Swarnlata. The appellants produced the evidence on affidavit of Mr. Vinod Nijhon (Station Manager, Jammu). The learned Forum after making an appraisal of the evidence indemnified the respondents herein to the extent of Rs/72,950 for the loss caused to the valuable items contained in the missing VIP attache and granted compensation in the sum of Rs. 10,000 for mental harassment and physical agony. The litigation charges were granted in the sum of Rs. 5,000. Interest was also paid @ 6% perannum.

(3.) AGGRIEVED by the said order, the appellant has inter alia challenged the same on the following grounds: