Lawyer’s Coat And Gown In The Luggage Misplaced By Airline: Consumer Commission Orders Compensation To Lawyers Who Could Not Appear Before SC [Read Order]

Due to non-availability of coats and gowns, though lawyers entered the Hon’ble Supreme Court, but, could not appear before the Judges as their entry pass was marked ‘For Consultation’.  

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.

Dibakar Bhattacharjee and Sanjoy Pandit 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 by Air India Flight. They contended that as a result of such loss of luggage, they could not discharge their professional duty before the Hon’ble Supreme Court for which they had to suffer huge financial loss.

They specifically urged before the commission that due to non-availability of notes, case references, synopsis etc., relating to concerned three cases, they could not confer with seniors and also due to non-availability of coats and gowns, though they entered the Hon’ble Supreme Court, but, could not appear before the Judges as their entry pass was marked ‘For Consultation’.

The commission observed: “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 discharge.  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.”

Ordering two lakhs compensation, the commission observed 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.