M DURAISAMY Vs. GENERAL MANAGER KLM DUTCH AIRLINES

JUDGEMENT

(1.) In this complaint filed under Section 21 of the Consumer Protection Act, 1986, complainant claims damages to the tune of Rs. 26.00 lakhs from the KLM Royal Dutch Airlines, an international carrier. The claim is for delayed delivery of baggage of the complainant by the Airlines.

(2.) Complainant went abroad by the opposite party-Airlines. The Airlines was to take him to United States, United Kingdom and Europe. The journey was from 22.6.2002. His baggage was not delivered to him in time and it was a case of delayed delivery.

(3.) Complainant on arriving back to India, took up the matter with the Airlines claiming damages and sent a legal notice. He also sent a letter to the Airlines on 12.7.2000. However, by letter dated 9.8.2000 Airlines informed the complainant that it was ready to pay Rs. 24,000/- in full and final settlement of the damages suffered by the complainant due to delay in delivery of the baggage. Airlines also expressed their apology. Relevant portion of this letter of the Airlines is as under :