NEW DELHI: National
carrier Air India has been pulled up by a consumer forum here for
terming a garment exporter whose baggage was lost as a fraudulent
claimant, and asked to pay Rs 12.24 lakh as compensation.
The New
Delhi District Consumer Disputes Redressal Forum said it was "shocking
and improper" on the part of AI to call the businessman fraudulent
merely because he had filed two other complaints in the past against
another airline for losing his baggage.
"It is entirely shocking
and improper on the part of the opposite party (Air India) to describe
him as a fraudulent claimant for monetary gain on the basis of two
complaints (for baggage loss) pending in court where he has to establish
all facts to claim compensation. The opposite party should not indulge
in such reckless imputation of criminal nature...
"Opposite party
has not disputed the loss of four baggage weighing 100 kg, the contents
of which are not denied by any evidence of Air India...We award Rs
three lakh for deficiency in service by loss of goods, for harassment
and legal expenses in last five years. Air India is (also) directed to
make the payment of value of lost garments, amounting to Rs 9,24,000,"
the bench presided by C K Chaturvedi said.
The forum's order came
on the plea of Delhi-resident Shakeb Khan Altamash who had said his
four bags containing ladies garments were missing when he arrived at
Delhi from Bangkok in an AI flight on September, 2007.
Altamash
had approached the airline and had, thereafter, repeatedly followed up
on his complaint but Air India did not compensate him for the loss, he
had said.
Air India, while admitting that the businessman's
baggage was lost, contended that he was a habitual fraudulent claimant
who has filed fake claims of lost baggage against various airlines to
extract unlawful gain.
The forum, however, rejected the contention saying "it is without any evidence" and "is based on conjectures".
Source: http://economictimes.indiatimes.com
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