The West Bengal State Consumer Disputes Redressal Commission ordered Air India to pay compensation of Rupees Two Lakhs each to two Advocates who could not appear before the Supreme Court of Indian on the date of hearing of their case as the coat and gown and other case files was in the luggage which got misplaced by the fault of Airline.
Dibakar Bhattacharjee and Sanjoy Pandit, Advocates who had approached the state commission complaining about the loss of their luggage from the custody of the Air India, while they were on the way to New Delhi from West Bengal by Air India Flight. They contended that as a result of such loss of luggage, they could not release their professional duty before the Hon’ble Supreme Court of India for which they had to suffer a huge financial loss.
They precisely urged before the state commission that due to non-availability of notes, case files, case references, synopsis of the case etc., relating to concerned three cases which were listed before the Hon’ble Supreme Court of India on that, they could not discuss with seniors and also due to non-availability of coats and gowns, though they entered into the Hon’ble Supreme Court, but, could not appear before the Hon’ble Judges as their entry pass was marked ‘For Consultation only’.
The commission held that: “On receipt of the luggage of the Complainants, it was the sacrosanct duty/responsibility of the OP Airline to safely and securely carry the same till the same was delivered to the Complainants, which they miserably failed to. Thanks to the negligence of the OP Airline, the Complainants unnecessarily suffered harassment, agony, mental tension and loss of professional face, not to speak about the financial loss. For such gross deficiency in service, the Complainants, in our considered opinion, are entitled to compensation for deficiency in service as enumerated under the Consumer Protection Act.”
Directing two lakh compensation to the complainants, the state commission held that there was a deficiency in service on the part of Appellant Airlines Company in losing the luggage of the Complainants (Advocates), which caused them immense harassment, agony, mental tension and loss of professional face apart from monetary loss.