R S MANI Vs. SINGAPORE AIRLINES

JUDGEMENT

(1.) This is a complaint under Sec.17 read with Sec. l2of the Consumer Protection Act.

(2.) The complainant, his wife and children travelled from Madras to Singapore, Bangkok and Hongkong and returned to Madras by Singapore Airlines in Flight No. SQ-410 on 27/5/1992. Out of his six baggages one important baggage containing the extensive materials was missing. The complainant filed a claim for Rs.69,725/- but the Airlines offered to pay at USD 20/- per Kg. and paid USD 400/- for a weight of 20 Kg. equivalent to Rs.11,556/-. The complainant was forced to give declaration that he had no further claim. He has therefore filed this complaint claiming compensation in the sum of Rs.1,10,000/-

(3.) The claim is resisted by the opposite party Singapore Airlines. Two fold defences are raised. As per the terms of the ticket and as per the provisions of the Carriage by Air Act of 1972 the liability is limited only to USD 20/- per Kg. The opposite party has therefore offered the sum and the same has been accepted by the complaianant in full and final settlement. It is not therefore open to him to file this complaint. Exh. . A1 to A7 and B1 to B8 are marked. No oral evidence has been let in.