GULAB HOTCHAND BHAGCHANDANEY Vs. EGYPT AIRLINES

JUDGEMENT

(1.) The Complainant-Shri Gulab Hotchand Bhagchandaney has filed this complaint against Egypt Airlines and Egypt Air, Sphinx Travel. His case is that on 22nd May, 1993 he had purchased a return ticket for his wife and one ticket for himself from Bombay to Barcelona. They boarded the plane at Bombay on 4.7.1993. Before the plane was to take off all the passengers were told to leave the plane as there was security check. At that time it was raining heavily. After about seven hours passengers were allowed to board the plane. They travelled to Cairo where the Complainant and his wife stayed for one day and left for Barcelona on 5th July, 1993. When the Complainant and his wife got down at Barcelona airport they found their baggage completely wet and water pouring out from the baggage. Every thing was damaged. The Complainant was carrying in his baggage some business samples and those became wet and damaged and lost their colour. The dresses of the Complainant were completely stinking and wet and were unusable. He immediately reported the matter to Egypt Airlines Office where he was told to come later and complete the required forms. The Complainant went to a hotel and stayed for one day. He could not negotiate the business as every thing was spoiled, wet, damaged, colourless and stinking. He could not wear his dress and his business plan which he had organised seven months in advance got wrecked due to the negligence of Egypt Airlines. He went to Madrid to see if he could procure some business there but as samples had become wet and damaged and stinking he could not do anything. He came back to Barcelona, saw the Egypt Air Staff, Marisol who completed all his papers and certified and recommended Egypt Airlines for arranging compensation.

(2.) It was the further case of the Complainant that the Airlines rules and regulations entitled him to claim full compensation for his damaged luggage. The Egypt Airlines is bound to pay him all the losses which he suffered due to their negligence at the Bombay Airport.

(3.) It was further the case of the Complainant that he is a small business man with a team of husband and wife and with limited financial capacity. He was going to stay in Spain and his, wife was to come back to India to execute orders. In the circumstances narrated above, he could not conduct any business. The money paid to the manufacturers remains unrealised since they made the goods according to specifications but could not be sold in the market. He had obtained foreign exchange to the tune of Rs. 2,50,000/- for business purposes and this shows that he would have at least sought business of Rs. 50.00 lakhs to Rs. 1.00 crore. The business was well-planned and on sound footing. On return to India the Complainant made inquiries from Egypt Airlines, Bombay where he was informed that no letter for compensation has been received in that office. The Complainant went to the office of Egypt Air at New Delhi where they first refused to receive the copy of the complaint but after lot of persuasion they took the complaint. However, the Complainant has not been paid anything by the Egypt Airlines. The Complainant claims expenses and damages for mental agony and suffering to the tune of Rs. 11,98,765/- details of which have been given in the complaint. Subsequently, he filed other applications for enhancement of the compensation. Ultimately he prayed for compensation amounting to Rs. 21,83,014/- with interest from the date of the complaint.