BHAGWANT SINGH ARORA Vs. KLM ROYAL DUTCH AIRLINES

JUDGEMENT

(1.) the complainant lost his baggage while travelling in United States by the O. P. Airlines. His claim of lost baggage was assessed by the O. P. in terms of 'limited Baggage Liability Clause' at 640 US Dollars besides Rs.5,000/- towards compensation. However, complainant declined to accept this amount as it was not in terms of the value of articles contained therein and the clause applicable for lost baggage liability. Through this complaint filed under Sec.17 (a) (i) of the Consumer Protection Act, 1986 , the complainant has preferred claim of 40,000 US Dollars towards the loss of baggage as well as mental agony and harassment he suffered on account of deficiency in service on the part of O. P. as he could not visit other places, namely, United Kingdom and Europe for which he was having visa.

(2.) Facts germane for our purpose are like this. The complainant undertook the journey on 9.8.1994 from Kansas to New York and the complainant was issued two Boarding Passes at Kansas Airport, one from Kansas to Pittsburgh and another from Pittsburg to New York. At Kansas the complainant checked in his luggage weighing 32 kgs. by entrusting the same to the US airlines. On reaching New York, he found his luggage missing. After efforts, it could not be traced. Since the airlines informed him that the matter was likely to take time in carrying out investigations, the complainant proceeded to Amsterdam and the luggage was directed to be delivered at Amsterdam by the O. P. in case it was traced out. However, the luggage could not be delivered at Amsterdam as it was notified as lost baggage.

(3.) However, vide communication dated 23.11.1994, the O. P. not only offered apology for the inconvenience caused to the complainant but also enclosed their final release form by extending the settlement based on the total weight of the reported lost baggage i. e. , 32 kgs. at US D 20.00 per kilo, the then prevailing rate of exchange. This communication ensued the exchange of series of letters between the parties and ultimately, the opposite party made loss offer of Rs.20,192/- vide letter dated 24.6.1996.