SUSANT KUMAR BARAL Vs. INDIAN AIRLINES

JUDGEMENT

(1.) An interesting question that arises for consideration in this complaint is whether in the event of loss of a registered baggage, the liability of the Indian Airlines is only restricted to the amount mentioned in the Carriage by Air Act, 1972 and Regulation framed thereunder. In other words, is the passenger not entitled to any compensation on the ground of mental agony, etc.

(2.) The case of the complainant is that he is a faculty member in the Department of Business Administration. Berhampur University, Berhampur in the State of Orissa and has been teaching at Post Graduate level for the last 13 years in Business Administration. He was invited to attend and present his research findings in the 11th PACAP/fma Finance and Banking Conference at Singapore during 8-10 July, 1999. He accordingly decided to go to Singapore to attend the conference. He purchased a ticket (Kolkata-Singapore-Kolkata) from Sita World Travels India Private Limited, Bhubaneswar - opposite party No.6 for his journey to Singapore on 6.7.1999 from Kolkata in Flight-IC 7272 being run by opposite parties 1 to 5. After he checked in at Kolkata Airport on 6.7.1999, his suitcase was shifted to be sent in the cargo of the same flight. It carried the baggage No. UTN IC 013037. After landing in the Changi Airport, Singapore at about 11.30 p. m. , when he went to collect his suitcase, to his utter surprise he did not find it. There was not a single member of the Indian Airlines staff who could help him in locating the suitcase. The "lost and Found Section" of the Changi Airport was about to be closed and some person advised him to come next morning and report about the missing of the suitcase. He had for the first time landed in a foreign soil. He had no friend and relation in Singapore. He was perturbed and had to spend the night in the Airport without any food. In the next day morning i. e.7.7.1999, some officers of the "lost and Found Section" gave him telephone numbers of Indian Airlines office. On contacting over phone, one Ramdas, Airport Manager assured him that the suitcase would be found and requested him to wait for some time. In view of assurance, he was expecting that the suitcase would be found and he waited till 8.00 p. m. but without any success. His conference was to start on the next day i. e.8.7.1999 morning. He had kept all his clothings and the computer floppy for presentation in the suitcase. He had only one dress which he had put on. He had kept some currency in the suitcase. He had with him only registration fee USD 400. As he had to attend the conference, he needed a suit, pant, shirt, tie and undergarments. He brought his plight to the notice of Ramdas and requested him for granting minimum amount for purchase of a dress. He, however, offered only 75 dollars. After getting that amount, he immediately rushed to the nearby market and bought a suit, shirt, tie and other necessary garments. Thereafter, he rushed to the venue of the conference. The organizers of the conference permitted him to present his research paper and pay the registration fee after reaching India. As the computer floppy was lost along with the suitcase, his presentation of paper in the conference was not to the mark.10.7.1999 was the last day of the conference and the flight reservation to Kolkata was next day morning. But he had to stay back on 11.7.1999 to settle the matter. Ramdas refused his request to return to India via Madras as the next flight to Kolkata was on 14.7.1999 although he was prepared to pay the differential amount. He was forced to extend his journey till 14.7.1999 in the Singapore -Kolkata flight. He had to stay three days more for no fault of his. At Singapore Airport, the complainant gave application for compensation to Ramdas on 14.7.1999 who promised that it would be examined. As no decision was taken in the matter he had no other way than to file the complaint.

(3.) In their written version, the Indian Airlines Authorities did not dispute about the loss of the suitcase. Their contention is that if the complainant thought that the computer floppy was important for him, he could have carried the same by hand. Under the Regulations the Indian Airlines' liability for loss of baggage is limited to USD 20 per kg. The weight of missing bag was 12 kgs. and as such the complainant is entitled to only USD 240 for the loss of the baggage. Regarding his overstay at Singapore they pleaded that the complainant stayed back for his own interest to claim compensation.