GULF AIR COMPANY Vs. NIRANJAN SINGH

JUDGEMENT

(1.) This appeal has been filed by Gulf Air Company against the order of the District Forum No. II in Case No.679/91 (D. F. I)/90 (D. F. II) dated 18.1.93.

(2.) Briefly the facts of the case are that the respondents traveled from London to New Delhi by Gulf Air Flight vide passenger ticket No.0724405486827-C and 0724405286827-5. On arrival at New Delhi, on 9-7-90 one of the baggages of the respondents was found missing. A report was lodged with the appellant together with a list of the contents of the lost baggage which were valued at USD 2,394.08 equivalent to Rs.83,790/-. The respondents having not receive the baggage's had to stay in a Hotel of Delhi for 4 days.

(3.) Having failed to get the lost baggage they filed a regular claim for the aforesaid amount with the appellant. However, after examining the claim the appellant offered to pay an amount of USD 293.40 only in full and final settlement of the claim which was declined by the respondents. Subsequently on a legal notice from the respondents the appellant offered to enhance the amount to USD 400 to close the chapter. This was also not acceptable to the complainant and he filed the complaint on 7.5.91 before the District Forum, In addition to the claim amount of USD 2,394.08 for the loss of baggage's, the respondent- complainant further demanded Rs.1,600/- as expenses incurred towards stay in a Hotel in Delhi which became unavoidable due to non- receipt of the baggage and have further prayed for granting any other amount as compensation, that may be deemed appropriate.