NATIONAL
CONSUMER DISPUTES REDRESSAL COMMISSION
(From the
order dated 18.10.01 in Appeal
No.90/99
State
Commission, Karnataka)
Gururaj Joshi
Petitioner
Vs.
Gulf Air Co.
& Anr.
Respondents
BEFORE:
HONBLE
MR. JUSTICE D.P. WADHWA,
PRESIDENT
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.
J
(D.P. WADHWA)
PRESIDENT
(RAJYALAKSHMI
RAO)
MEMBER
.
(B.K. TAIMNI)
MEMBER
J
(K.S.GUPTA )
MEMBER