[Resolved]  Jet Airways — FIR against Management of JET AIRWAYS and others for the violation of 428-429 IPC read with IPC 120-B and the PCA Act, 1960 along with DP Act, 1978

Address:

Delhi

From :
Naresh Kadyan,
Master Trainer, Animal Welfare Board of India,
Representative of OIPA in India / Founder Chairman, PFA Haryana, C-38, Rose Apartment,
Sector – 14, Prashant Vihar, Rohini, DELHI – 110085.
To,
SHO,
Police Station IGI Airport-I Palam,
New Delhi.
Subject : FIR against Management of JET AIRWAYS and others for the violation of 428-429 IPC read with IPC 120-B and the Prevention of Cruelty to Animals Act, 1960 along with Delhi Police Act, 1978.
Sir,
Kindly refer to the passenger of Jet Airways Shri R.K. Tandon mail dated 12th May, 2009, which is self explanatory and reproduced as below :

“ I traveled on 9th May, 2009 Mumbai -Delhi Jet Airways flight 9W 370 scheduled departure 15.40 hrs along with my two pets(Pug Dogs named Jimmy and Batnu, 4 years and 3 years old). The flight departed at 16.00 hrs. I reached airport around 13.30 hrs. We never put them in cage but because of travel requirements, before entering airport, at airport itself, I put them in well ventilated fiber cage. I checked in at around 13.45 hrs. Prior to check in, they were taken out of cage and cages were xray screened. Near xray machine, passing passengers played with them. They were perfectly well. I also carried their latest health/ vaccination certificates as per airline pets travel requirements. I handed over them to Jet Airways staff at 13.58 hrs after paying for their passage vide receipt no 589 [protected] 5. While handing over, I checked with Jet Ground staff about the place, they will keep my pets before taking them in aircraft and requested them to keep inside the building itself. On boarding, I again requested the air hostess to check weather they have boarded and are ok. The air hostess confirmed that they are OK and now boarding. The aircraft landed at 17.40 hrs. After collecting my luggage, I saw Jet ground staff gathering around cages of my pets near entry point from inside airport at arrival. I reached there and was informed by Jet staff about bad news that they are no more. I requested them to call a Doctor if something could be done at last minute. They kept on trying to call a doctor but no one responded.
They took me to some Apollo airport clinic within the premises but no medical help available there.
They took me to Terminal 1 B in their clinic along with pets, but doctor on duty refused to even see them saying he has no knowledge about pets. They tried to locate a Vet near airport and sent one of
their staff with me who has taken me to Dr. Sharma in South Moti Bagh Market who checked and informed that nothing can be done as they are no more. On our request, he further checked and informed that apparently it seems that they died because of acute respiratory failure due to deficiency of oxygen and issued a certificate to this effect. Copy of same was also collected by Jet staff. One of the staff at airport also informally told that this has happened because of carelessness on part of Captain and crew of flight. The flight was operated by Captain Sheikh Ahmed. Some of the photographs including video of my pets Jimmy and Batnu are attached herewith.
Thanks for taking keen interest in the case so that such lapses on part of airline are not repeated.
R K Tandon”
Being an Master Trainer of the Animal Welfare Board of India, founder Chairman, People for Animals (PFA) Haryana and representative of the United Nation ( Department of Public Information ) affiliated the International Organisation for Animal Protection – OIPA in India I moved a complaint with Mumbai Police bearing No. 12377 dated[protected] and Delhi Police bearing No. 5283 /E-mail dated 23/07/2009. The Mumbai Police inquired the matter and replied to the undersigned with suggestions to approach Delhi Police, copy of the same attached here with for ready reference.
Now media reports says :
“ Jet Airways has been directed by a Delhi consumer forum to pay Rs. 1.44 lakh as compensation to a passenger for the “emotional setback” caused by the death of his two pugs on board. “The death of two pugs is a great material and emotional setback and loss to the consumer. Jet Airways must compensate the loss,” a Bench of Delhi District Consumer Forum, headed by C.K. Chaturvedi, said. The Bench held Jet Airways guilty of deficiency in service, saying the death of pugs while being transported from Mumbai to Delhi had caused “mental harassment” to the consumer. Delhi resident R.K. Tandon had booked tickets for the pugs, ‘Jimmy' and ‘Batnu,' in Mumbai on May 9, 2009 for Rs. 7,020 and had also submitted their health certificates to the airline. However, when the flight landed at the Delhi airport he was “utterly shocked” to see the carcasses of the short-muzzled faced dogs. The pugs were taken to a veterinary doctor who certified that they were brought dead and the death was caused due to lack of oxygen. Mr. Tandon approached the consumer forum, where the aviation firm argued that a postmortem was necessary to ascertain the cause of death. The forum, however, trashed the airline's arguments saying once the pugs were handed over to the airline, the two were its responsibility. The forum accepted the complainant's claim of Rs. 1.20 lakh with interest for deficiency in service and mental harassment. The Bench also directed the airline to pay Rs. 15,000 for mental agony and harassment and Rs. 5,000 for litigation cost ”. Certified copy of this judgement also attached here with for ready reference.
Hence keeping in view the position explained as above, both dogs were killed by the Jet Airways and violated the 428-429 IPC read with the PCA Act, 1960 and it was a criminal conspiracy against both dogs and Delhi Police Act, 1978 also be violated, So FIR may kindly be lodged against all offenders.

NARESH KADYAN
Mobile - [protected]