AIR INDIA LIMITED Vs. TALLAPANENI SREEDHAR

JUDGEMENT

(1.) THE opposite party is the appellant.

(2.) AGGRIEVED by the orders of the District Forum -II, Hyderabad in O.P. No. 279 of 1996 dated 23.8.2001, the present appeal has been filed under Section 15 of the Consumer Protection Act, 1986.

(3.) THE complainant travelled by Air India from Chicago to Hyderabad on 18.1.1996 and entrusted two registered baggages No. DL 618641 and DL 618642. In the transit baggage was lost and he was informed that the baggage was not received and subsequent efforts made by the opposite party was futile in recovering the baggage. On a claim made by the complainant, the opposite party paid a compensation of Rs. 43,280 which the complainant received without prejudice to his rights and claims to claim further compensation under law. It is the case of the complainant that the baggage weighed 64 kgs. and the opposite party admitted the weight of the baggage. The opposite party also admitted its liability under Carriage by Air Act to pay compensation for two items @ 32 kgs. i.e., for a total of 64 kgs. but the only dispute is about that amount payable. The complainant during the course of inquiry confined his claim to 16,000 France Francs which on conversion comes to Rs. 1,20,000. The contention of the opposite party is that they are payable only @ 20 US $ per kg. and accordingly he paid the amount. The opposite party in their counter relied on the Air Carriage Act and Warsaw Convention.