Decided on January 17,2006

S N Chawla Appellant


- (1.) IT is a very unusual case. On account of loss of baggage by way of fire that engulfed the aeroplane and mental agony and other losses suffered by the complainant, the complainant through this complaint has sought following reliefs : JUDGEMENT_2_LAWS(DELCDRC)1_2006.html
(2.) CASE of the complainant, in brief, is as under :
(3.) ON 8th January, 1993, the complainant along with his daughter Ms. Shefali Chawla was to travel to Delhi on Flight No. IC 840 of the opposite party on ticket No. 0587/8795685/4234283. The said flight eventually got delayed and could take off only at 2.00 a.m. The said Indian Airlines flight of the O.P. crashed at 4.00 a.m. on 9th January, 1993, at the time of landing at New Delhi Airport. Fortunately, all the passengers had already exited when the plane was engulfed by fire. As a result all the luggage and baggages were burnt and reduced to ash. The complainant alleges that he had to face the torture of hanging around the airport from 4.00 a.m. to 6.00 p.m. in the harsh Delhi winter and only after that he was finally accommodated in Hotel Ashoka and during this period he and his daughter were left without any warm clothing in the severe cold and had to haggle and plead with the officials of the O.P. who were far too indifferent and unconcerned to bother about their plight and unenviable position. The complainant made several STD calls to Indian Airlines and on each occasion he was told that the matter was still being decided. After more than two months he received a letter dated 1.3.1993 from the O.P. which stated that as per the lost baggage, terms and conditions laid down in Carriage by Air Act, 1972, liability towards registered baggage is Rs. 300 per kg. and Rs. 2,500 in respect of the entire unregistered baggage of which the passenger takes charge himself and, therefore, the O.P. - Airlines was liable to pay only Rs. 14,000 as Rs. 18,500 had already been paid by them. The complainant states that he has developed a kind of phobia to flying. His blood pressure goes up and he is under immense strain and there can be no real compensation for such problems and damage is irreversible. For a person of his standing the loss could be put in the bracket of Rs. 10 lakh and for his daughter Rs. 5 lakh.;

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