M.THANIKACHALAM, J. - (1.) The opposite parties are the appellants.
(2.) The challenge in this appeal is the order dt.11.8.2009, wherein a direction was issued by the District Forum against the opposite parties to pay a sum of Rs.71,280/-, being the value of lost baggage, and a sum of Rs.15000/- as compensation.
(3.) The respondent/ complainant returned from Bangkok, after his business tour, via Colombo to Trichy on 23.9.2005, in the flight operated by Airlankan flights. In Bangkok, the complainant entrusted 5 bags, that are duty free excess baggage, for safe custody, paying a charge of Rs.14000/-, for the excess weight of 100 Kgs. In the 5 baggage, that were entrusted to the opposite parties, two baggages were missing, which contained 138 cartoons of Benzen and Hedges cigarettes. The matter was reported to Airlankan authorities at Trichy, who issued a missing baggage receipt also. The opposite party officials informed that two missing bags were lying at customs authorities at Srilanka, informing further that the custom authorities had detained these two baggages. For retrieving the mishandled baggage no action was taken till now, which is a clear and sheer negligence and deficiency in service. When this was reported, the opposite party offered, to pay 800 USD, which was not accepted by the complainant, since it is not an accident, whereas its mishandling of the baggage not properly tagging to track the luggage, which is the usual practice in any airlines. Thus by the conduct of the opposite parties, not serving properly, the complainant was put to mental agony, monetary loss, including other expenses for going to Srilanka. Thus the complainant is entitled to total a sum of Rs.1,71,208/-. Hence the complaint.;