GIRI TRADING AGENCY Vs. EAST WEST AIRLINES

JUDGEMENT

(1.) The complainant firm is a dealer, distributor and exporter of religious books, casettes, Pooja items etc. , and it has a show room at No.10, Sannadhi Street, Mylapdre, Chennai-4. The complainant's people purchased extensive Pooja items and books at Bombay and they packed them in 8 parcels which totally weighed 110 kgs. They booked the parcels with the opposite party airlines at Bombay Airport on 14.9.1995 and paid necessary charges for the same for transit from Bombay to Madras. The opposite party booked the 8 parcels and assigned Baggages Nos.107838 (7 Nos.) and 107819 (1 No. ). Having thus entrusted the goods to the opposite parties the complainant's people boarded the flight No.4s 757 to reach Madras. The flight landed at Madras around 11 p. m. They went to collect the parcel but to their shock, they found that the parcels had not arrived. They made frantic search for the parcels but in vain. Enquiry made with the Officers of the opposite party was of no use. They told the complainant to contact the Airlines next day morning. The complainant met one Mr. Menon, Duty Manager of the opposite party on the morning of 15.9.1995 and he promised to contact his Bombay Office and inform to the complainant by that afternoon. But Mr. Menon did not give any useful information. One Mr. Gopa Kumar, Deputy General Manager, directed the partners of the complainant to give a written complaint. The complainant firm did so but there was no response to that. The complainant sent a legal notice on 2.1.1996. But the opposite party did not care to reply to that.

(2.) On account of the fault of the opposite party, the complainant suffered a huge loss of Rs.3,92,368/- as the cost of the items purchased and the complainant also sustained loss of reputation. The complainant also suffered loss of income and also mental agony. By failing to deliver the 8 parcels booked with them, the opposite parties have committed deficiency in service.

(3.) During the flight, even though the partners of the complainant informed the opposite party that they were vegetarians, they were offered only non-vegetarian food as a result of which the partners of the complainant had no food. This caused immense hardship and mental agony to the partners of the complainant firm. On these allegations, the complainants have claimed a compensation under several heads all totaling of Rs.5,85,470/-.