M.THANIKACHALAM, J. - (1.) The first opposite party in C.C.77/2008 on the file of the District Forum, Salem, is the appellant.
(2.) The first respondent/complainant traveled after booking Air ticket through the second opposite party, in the Airlines operated by the first opposite party, along with his two baggages, worth about Rs.13,000/- and Rs.5,000/-. On landing Bangalore Airport, the complainant has noticed that the baggages were damaged, due to mishandling of the first opposite party, for which, damage certificate was issued, offering a meager sum of Rs.750/-, which was not accepted. The baggages which were damaged cannot be used at all, and therefore, the complainant is entitled to the value of the two baggages, in addition to, a sum of Rs.80,000/-. Thus claiming, the value of the damaged baggages as well as a sum of Rs.80,000/- as compensation, a consumer complaint was filed.
(3.) The first opposite party questioning the maintainability of the case on the basis of the non-joinder of necessary party namely Deccan Aviation Limited in which alone the complainant traveled, further contending that there was no complete damage in the baggages, whereas the nature of damage was clearly referred in the Certificate, for which, reasonable amount was offered forthwith, but the complainant refused to receive the same, demanding the value of the damaged baggages, which cannot be treated as negligence act or deficiency in service, praying for the dismissal of the complaint.;