M.THANIKACHALAM J. - (1.) The opposite party is the appellant.
(2.) The complainant, along with his family members traveled from Devipattinam to Chennai on 13.04.2005 in the bus operated by the opposite party, bearing Registration No.PY-01-X-5656, which started its journey at 8 p.m. At that time, the complainant had handed over two suitcases, one small and one big, to the Cleaner of the bus, who kept them in the dickey of the bus. On arrival at Chennai on 14.04.2005, when the complainant requested the driver to hand over the luggage namely two suitcases, they have handed over only small suitcase, failed to hand over another suitcase, in which, the complainant had cloths, jewels and cash, thereby the opposite party had committed negligence act, for which, police complaint was also given, with great difficulties. By non-delivery of one suitcase entrusted to the opposite party, they have committed deficiency in service, causing mental agony and monetary loss, therefore, the complainant is entitled to a sum of Rs.1,30,000/- being the value of the jewels, another sum of Rs.13,000/- being the cash, in addition to, compensation of Rs.5 lakhs for mental agony.
(3.) The opposite party opposed the case, contending that it is the responsibility of the passenger carrying suitcase while journey, even as indicated in the conditions printed in the tickets, that with the influence of the police, the complainant was able to prefer complaint at Karaikudi Police Station, as if, one suitcase containing jewels missed from the dickey, that the averments in the complaint that there were cloths, jewels are all false and that the complainant is not entitled to any compensation, since the opposite party has not committed any deficiency in service.;