HARPAL KOUR Vs. JET AIRWAY INDIA LTD

JUDGEMENT

(1.) -ORDER dated 19. 3. 2002 passed by the learned Divisional Consumer Protection Forum Srinagar (hereinafter to be referred to as the Forum) has been taken in appeal herein and the relevant facts in brief are that on 3. 12. 1999, the appellant travelled from Srinagar to Delhi in flight No. 606 which was a direct flight and the baggage was handed over at Srinagar Airport to the concerned staff of the OP against baggage tickets. After reaching Delhi Airport, she was delivered at the conveyor belt all the items of the luggage except one bag which contained costly items which fact had been brought into the notice of the concerned staff but their attitude was callous as instead of helping her in locating the missing bag they outrightly advised her to lodge a complaint. With utmost alacrity, she lodged the complaint with the concerned employee of the OP and thereafter daily used to visit his office for 10 days and had been spending Rs. 500 per day as taxi fare. She even extended her stay in Delhi for one month by putting up with a relation hoping against hopes to get a positive response but all efforts ended in vain. On 6. 12. 1999, the Station Officer, Jet Airways, Delhi Airport, New Delhi was also made aware of the missing item by addressing to him a formal complaint after filling the prescribed form specifying therein the description of the seven items which were contained in that lost baggage and stating their market value which totalled to Rs. 1,14,400 (copy of the application is attached with the complaint along with copy of the acknowledgement receipt ). Vide letter dated 11. 12. 1999, addressed by Mr. Sandeep Mittal/c. S. A. from the wing of baggage services Jet Airways, New Delhi, the appellant was informed that since the missing baggage weighed 4 kg as per their record, the compensation thereof was to be paid at the rate of Rs. 450 per kg. In this letter of offer, a clear admission was made that the said bag got lost during appellants' travel by flight No. 606 on December 11, 1999 from Srinagar to Delhi and apology was made for the inconvenience caused. The said letter was followed by another letter dated 10. 1. 2000 written by Mr. R. D. Sethna, General Manager - Legal wherein the receipt of the "checked in" lost bag was again admitted with further clarification that the same had been loaded along with all other baggage at Srinagar. Surprise and concern was shown for its non-receipt. Again at second time, an offer was made to accept Rs. 1,800 at the rate of Rs. 450 per kg. for the settlement of the case according to the laid down procedure of respondent which determines the loss in such like cases. Regarding the costly items, it was stated that in their registered baggage a valuation charge can be declared on certain items carried by passengers. When such shabby treatment was given to the appellant she was left high and dry and finally on 9. 2. 2000 filed complaint (No. 38/2000) in the Forum inter alia alleging the above stated facts with further allegation that there is no single incident when the respondent had ever asked the passengers to get the valuable items insured. Relief was claimed that since it was a case of negligence, theft and breach of trust so respondent may be directed to make good the loss suffered by her along with other charges incurred by her.

(2.) THE minutes of the proceedings before the Forum disclose that on 9. 2. 2000, notice was issued to the respondent to file the written version within 30 days from the service of the notice and the case was adjourned for 14. 3. 2000. By that date, the written version was not filed and the time to file the same was extended upto 20. 3. 2000. The appellant was directed to lead her evidence on 6. 5. 2000. On 6. 5. 2000, Mr. Sami Yaqoob, Advocate appeared for the respondent and contended that the service of the notice issued on 9. 2. 2000 was effected very late and probably in April and sought time to produce copy of the notice which was never produced. However, the respondent filed the written version on 29. 4. 2000 i. e. after the expiry of extended period and it was received only for "perusal" after rejecting the plea that notice to file the same was received late. In the written version again an offer of payment of Rs. 1,800 towards settlement of the claim of missing bag was made. In support of the complaint, the complainant gave her evidence and produced the evidence of Mrs. Manmeet Kour, S. Inderjit Singh and Ghulam Qadir. The respondent had failed to produce any evidence despite opportunities being granted and finally on 9. 10. 2001 the right to lead the evidence was closed.

(3.) HEARD the arguments.