NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
(From the order dated 18.10.01 in Appeal No.90/99
State Commission, Karnataka)
Gururaj Joshi Petitioner
Gulf Air Co. & Anr. Respondents
HONBLE MR. JUSTICE D.P. WADHWA,
MRS. RAJYALAKSHMI RAO, MEMBER.
MR. B.K. TAIMNI, MEMBER,
HONBLE MR. JUSTICE K.S. GUPTA, MEMBER.
Carriage by Air Act claim of damages payable in Indian rupees and not in terms of gold or French frank as per Warsaw Convention incorporated in the Act or even by US $- petition dismissed.
For the petitioner : In person
For the respondent : Mr. M. Wadhwani, Advocate
O R D E R
DATED THE 8th May, 2003.
JUSTICE D.P. WADHWA, J.(PRESIDENT)
It is the complainant who is petitioner before us. He is aggrieved by the order of the State Commissions granting relief only in terms of India rupees and not in terms of gold or French frank or even the US dollar for the short delivery of his baggage when he travelled by air carrier of Gulf Air Co. which landed at the Bangalore airport in India. Complainant is engineer turned lawyer. He booked nine parcel all weighing 210 kgs Jeddah to Bangalore. He was given delivery of 8 parcels and ninth parcel could be traced after 1/1/2 months. After calculating the weight of 8 baggages, these were delivered to the complainant. The ninth baggage which was recovered later should have weighed 37.6 kgs. However, on weighing it was found to contain only 20 Kgs. There being loss of goods of 17.6 kgs. which was assumed to have been pilfered. As per the Carriage by Air Act, complainant was entitled to claim compensation for loss of the baggage.
Complaint of the complainant was dismissed by the District Forum. In appeal however, it was partly allowed and the respondents-airlines were directed to pay rupees equivalent of US $ 352 as per official exchange rate prevailing on the date of the order of the State Commission, being value of 17.6 kgs. of goods. Respondents were also directed to pay Rs.4800/- towards refund of demurrage charges collected from the complainant and further sum of Rs.1,520/- being the proportionate freight charges collected for 17.6 kgs. of goods. A sum of Rs.5,000/- was also awarded to the complainant towards cost of the appeal. It was further directed that the amounts as ordered shall be paid within six months of the order failing which interest @ 15% shall be leviable till realisation.
As noted above, grievance of the petitioner-complainant is he does not want Indian rupees and rather gold or French franks as per the Warsaw Convention incorporated in the Carriage by Air Act, 1972. We are unable to appreciate this submission that he should either be given gold or paid French franks or even the US dollar . He has to be compensated in terms of Indian rupees. In this petition we are not considering the issue if a particular baggage booked by the passenger is found pilfered and weighs less or whether the passenger could have been paid full value of the weight of the baggage initially booked or part. This petition fails and is, therefore, dismissed.