Skip to main content

Airline pay compensation of Rs. 2 Lacs for loosing lawyer's coat & gown

In Sri Dibakar Bhattacharjee vs Air India, the West Bengal State Consumer Disputes Redressal Commission directed Air India to pay compensation of Rupees Two Lakhs each to two lawyers who could not appear before the Supreme Court on the date of hearing as the coat and gown and other case files was in the luggage which got misplaced by the Airline.

The Commission said that though the Carriage by Air Act, 1972 has defined the liability of airline under various circumstances, Honble Supreme Court in The Consumer & Citizens Forum v. Karnataka Power Corporation [1994 (1) CPR 130] laid down that the provisions of this Act give the consumer an additional remedy besides those that may be available under other laws for the time being in force. In the instant case, the OP Airlines sought to compensate the Complainants in terms of the relevant provisions of the Carriage by Air Act, 1972 and as amended vide Act 28 of 2009 dated 20-03-2009. However, as discussed hereinabove, given that there was deficiency in service on the part of Appellant Airlines in losing the luggage of the Complainants, which caused them immense harassment, agony, mental tension and loss of professional face apart from monetary loss, in our considered opinion, Complainants are entitled to compensation as per the provisions of the Consumer Protection Act, 1986. In this regard, reliance is placed upon the decision of Hon’ble National Commission in Spicejet Ltd. & Ors. Vs. Dr. Atanu Ghosh [R.P. No. 1411/2015] and also in M/s Emirates v. Dr. Rakesh Chopra 

Article referred: http://www.livelaw.in/lawyers-coat-gown-luggage-misplaced-airline-consumer-commission-orders-compensation-lawyers-not-appear-sc-read-order/

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...
3 comments
Read more

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...
5 comments
Read more