(1.) On 30.11.2013, the complainant/respondent travelled from Raipur to Delhi on a flight operated by the petitioner company being Flight No. 6E454. The complainant was carrying with him a suitcase, alleged to be containing items such as clothes, which according to the complainant were valued about Rs.42,673.00 and cash amounting to Rs.25,000.00. The suitcase, which the complainant was carrying with him and had booked with the petitioner company at Raipur Airport could not be found on the conveyor belt at Delhi Airport. The petitioner having not been able to locate the suitcase of the complainant, a complaint was made by him to the petitioner company in this regard. The petitioner offered a compensation of Rs.3,000.00 to the complainant for the loss of his belongings. Since the aforesaid amount was not acceptable to the complainant / respondent, he approached the concerned District Forum by way of a consumer complaint, seeking a total sum of Rs.97,673.00 which included Rs.25,000.00 which he had to spend to purchasing new clothes at Chandigarh.
(2.) The complaint was resisted by the petitioner company which while admitting the loss of the suitcase of the complainant claimed that as per the conditions of Carriage by Air Act stipulated by it, it was not liable to pay more than Rs.3,000.00 to the complainant.
(3.) The District Forum vide its order dated 10.8.2015 issued the following directions to the petitioner company: