- (1.) THE opposite party in OP No. 15/2002 on the file of the District Consumer Disputes Redressal Forum, Coimbatore, is the appellant herein. The case of the complainant was as follows: During a business tour the complainant had purchased air ticket through the 2nd and the 3rd opposite parties to travel to some places, operated by the 1st opposite party. Starting from 20.9.99, he visited various places in Europe to secure export orders. On 8.10.1999, he left Birmingham enroute to Mumbai and on that day he had entrusted and registered three baggages with the 1st opposite party to be delivered to him at Mumbai. The 3rd opposite party had received the baggage in a good condition and assured to deliver the same at Mumbai. On 9.10.99 when the complainant arrived at Mumbai at about 1.30 a.m. he was delivered only two baggages and the third baggage - a black leather baggage containing the complainant's belongings worth Rs. 3 lakh - was not delivered by the 3rd opposite party. The complainant also reported the matter to the 1st opposite party and filed a Property Irregularity Report. The 3rd opposite party was apologetic and offered to pay Rs .4,000 for accommodation and transportation charges at Mumbai. The complainant was in constant touch with the opposite parties for getting back the lost baggage. He was put to mental agony because of that. On 20.10.1999, the 2nd opposite party sent a letter to the complainant enclosing the Baggage Inventory Form and asking the complainant to fill up the same and send it to them for settlement. The form was duly sent back by the complainant on 3.11.1999. On 27.12.1999 the 3rd opposite party offered to settle at US$ 20 per kilogram to which the complainant did not agree. Thereafter the 3rd opposite party on 8.8.2000 offered a sum of Rs. 7,000 apart from US $ 20 per kilogram. As this was not anywhere near the loss sustained by the complainant, he did not accept it. He caused a lawyer' s notice to be issued which provoked a reply admitting the loss of baggage but not offering adequate amount to the complainant. In these circumstances, the complaint came to be filed.
(2.) THE 1st opposite party filed a version contending inter alia that the liability was restricted to US $ 20 per Kilogram and they had also offered to pay US $ 400 as per the Baggage Liability Limitation and Rs. 7,000 towards cost of baggage. The 1st opposite party sought a direction from the Forum to the complainant to receive the compensation offered. The 2nd opposite party adopted the version of the 1st opposite party. The 3rd opposite party filed a version stating that they acted only as a travel agent and they were in no way responsible for the said loss.
(3.) BEFORE the District Forum, on the side of the complainant Exs. A1 to A9 were marked while on the side of the opposite parties Ex.B l was marked. The District Forum, on appreciation of the materials on record, allowed the complaint directing the 1st and the 2nd opposite parties to pay to the complainant a sum of Rs. 24,480 towards loss of luggage, Rs. 25,000 towards compensation for mental agony and Rs. 1,000 as costs. It is as against that the present appeal has been filed.;