LAWS(NCD)-2008-7-8

P R BHARECH Vs. JET AIRWAYS

Decided On July 24, 2008
P R BHARECH Appellant
V/S
JET AIRWAYS Respondents

JUDGEMENT

(1.) -PETITIONER was the complainant. On 19. 5. 1998 he travelled by Jet Airways flight No. 9w511 in economy class under ticket No. 5891092 PNR RJBM with four luggages. On arrival at Bangalore Airport, he found one of the luggages, a suitcase missing regarding which he reported at the local counter of Jet Airways. On 20. 5. 1998 at around 8. 00 a. m. petitioner left for Mysore for attending Conference. Petitioner alleged that important papers pertaining to Conference were kept in the missing suitcase and for want of papers he was put to great inconvenience. He purchased some garments and other miscellaneous items. It was further alleged that after the Conference was over, at about 8. 45 p. m. on 20. 5. 1998, one Shri Joshi P. Jose of Jet Airways handed over the lost suitcase to him. Thus, claiming deficiency in service, the complainant by filing complaint sought direction to pay a total sum of Rs. 98,353 which was contested by the Jet Airways. District Forum allowed the complaint with direction to the Jet Airways to pay amount of Rs. 83,353 towards compensation and cost. Dissatisfied with Forum's order, Jet Airways filed appeal which was partly allowed reducing the amount of compensation to Rs. 5,000 by the State Commission by the order dated 25. 9. 2007. It is this order which is being challenged by the petitioner in this revision.

(2.) WE have heard Shri Gaurav Bharathi for the petitioner on admission.

(3.) AS may be seen from the order the State Commission one Dergawen, another passenger whose suitcase resembled with the suitcase of petitioner, had by mistake picked up the suitcase of the petitioner from the conveyor belt and it was on 20. 5. 1998 that Dergawen on realizing mistake, returned the suitcase of the petitioner in the office of Jet Airways and the representative of Jet Airways had taken the suitcase from Bangalore to Mysore and handed it over to the petitioner. In this backdrop, we do not find any illegality or jurisdictional error calling for interference in revisional jurisdiction in the order of State Commission reducing the amount of compensation to Rs. 5,000. Petition is, therefore, dismissed. Revision Petition dismissed.