GAGANJEET BHULLAR Vs. EMIRATES AIRLINES, DELHI

JUDGEMENT

(1.) Heard Ms. Srejal Mishra, Advocate, for the complainant and Ms. Ritu Singh Mann, Advocate, for the opposite parties.

(2.) Mr. Gaganjeet Bhullar has filed above complaint for directing the opposite parties to (i) pay Rs.15000000.00, as compensation for the loss suffered by the complainant; (ii) reimburse Rs.100000.00 for the loss of baggage containing his 6 boxes of golf balls (TITLIEST), golf clubs, T-shirt, caps, 4 pairs of shoes (FOOTJOY), etc.; (iii) pay Rs.200000.00 as compensation for mental agony and harassment; (iv) pay litigation costs; and (v) any other relief, which is deemed fit and proper in the fact and circumstances of the case..

(3.) The complainant stated that he was a professional golf player and won 9 national level matches, represented India in various 'world level championship' and brought immense glory to the nation at number of 'international golf tournaments'. He played in "Eisenhower Trophy2006 (representing India), Royal Trophy-2010 (representing Asia) and World Cup-2013 (representing India). He won "silver medal' in Asian Games in 2006 and "Anjun Award" in 2013. The complainant held 5 th position rank in Asia and 159 th position rank in the world in his game. The complainant, being a renowned sportsman, was also given various promotional contracts by the branded companies, most notably Titleist and Footjoy, wherein he was obligated to endorse, wear and use equipment and apparel of those companies,. Under the contract with above companies, the complainant was bound to use equipment and clothing of these companies, failing which, the complainant would be exposed to grave liability claims. Emirates Airlines (the opposite party) claims to be a world's largest airline. The complainant was registered as frequent flyer with the opposite party for past 4-5 years. However, during his recent travels with the airline of the opposite party, tremendous loss occurred to the complainant due to misplacement/delay/loss of his baggage due to negligence caused by the crew of the airline. The complainant fled on 17/2/2014 from Johannesburg to Mumbai via Dubai, by Emirates Airlines on Flight No. EK 762 and Flight No. EK 504, for playing in 'Louis Philippe Cup' in Mumbai. The flight landed in Mumbai at 17:00 hours (IST) and the Flight Officials told that the baggage would arrive in the next flight. The complainant waited for 3 hours at the airport for the baggage but it did not arrive on that day. The complainant missed the cut on the next day due to absence of his necessary items/equipment, i.e. golf shoes, golf caps, golf wear, golf clubs, golf balls etc. which caused immense tension, anxiety and mental stress to him as winning prize money in this Mumbai Tournament was Rs.1.5 crores. The complainant also missed his practice for the next tournament in Casablanca, due to lack of his necessary equipment on subsequent following days, causing loss to his game and confidence as his baggage was delivered on 20/2/2014. The complainant again flew on 10/3/2014 from Delhi to Casablanca via Dubai, by Emirates Airlines in Flight No. EK 513 and Flight No. EK 751, for taking part in tournament 'Trophy Hassan II', in which winning prize money was 1.5 million Euros. At this time the complainant travelled in 'business class'. Again his golf kit was not boarded in same flight and delivered on the next day of his arrival. In which, one baggage consisting of his clothing to be worn as per contract with Titleist and Footjoy, six boxes of golf balls (Titleist), golf clubs, T-shirts, caps, 4 pairs of shoes (Footjoy) etc. worth Rs.100000.00was lost, which again caused immense tension, anxiety and mental stress to him. Due to delay in delivery of the baggage as well as loss of the baggage, the complainant committed breach of agreement with Titleist and Footjoy. Due to anxiety and mental stress, the complainant could not concentrate in his game and his performance was also badly affected, although he had been persistently performing exceptionally well in all his previous tournaments. The opposite party committed gross deficiency in service and liable to pay damages for loss of his baggage and compensation for the loss occurred in the tournament. The complainant gave a legal notice dtd. 26/3/2014 to the opposite party, calling upon to pay compensation. In spite of service of the notice, the opposite party did not respond. Then this complaint was filed on 29/5/2014.