LUFTHANSA GERMAN AIRLINES Vs. PANKAJ KUMAR JAIN

JUDGEMENT

(1.) This is an indisputable fact that on 02.08.2008, Pankaj Kumar Jain, the complainant/ respondent was to depart by Continental Airlines flight which was to take off from Jacksonville to Newark, USA. On the same day, the complainant had to catch British Airways Flight to London. On 03.08.2008, he was to travel by British Airways Flight from London, UK to New Delhi, India. However, due to thunderstom in Jacksonville, USA, the complainant's Continental Airways Flight from Jacksonville to Newark, which got inordinately delayed and as such, the complainant could not board the already connected flight of the British Airways. Under such a situation, the Continental Airways rescheduled the flight. On 03.08.2008, the Continental Airways brought the complainant to Frankfurt, Germany. On 04.08.2008, Lufthansa Airways brought him to New Delhi, India.

(2.) At New Delhi, it transpired that the baggage of the complainant was missing. The Lufthansa Airlines made wholesome compensation to the complainant, in the sum of Rs.4,000/-. Subsequently, the lost baggage was produced by the staff of Lufthansa Airlines at the residence of the complainant in Kolkata. It was found that the baggage was broken, one lock holder was removed and chain was cut from one corner and there was pilferage of some articles. The complainant contended that he had sent the list of all items which were lost, by e-mail, which the petitioner/ opposite party received. Complaint was filed before the District Forum. The District Forum directed Lufthansa Airlines, the OP to pay Rs.65,690/- towards the value of the lost goods, compensation in the sum of Rs.30,000/- and litigation costs of Rs.10,000/-, within 45 days from the date of communication of the order, failing which, interest @ 9% p.a. would accrue to the said amount, till realization.

(3.) Aggrieved by the said order, the petitioner filed First Appeal before the State Commission. The State Commission dismissed the appeal.