Jet Airways — damage of registered baggage

Address:	Mumbai City, Maharashtra
Website:	JETAIRWAYS.COM

Baggage ticket no.3589 9w566705
Flight no: 9w 336
Sector : delhi-mumbai
Date of incident/flight: 1st september, 18
Jp membership no.[protected] gold
Referenceid:[protected]
Dgca complaint no. Bom/ct/121118/15489215

' 'reference id=[protected]' part-6 damage of registered baggage — bom/ct/121118/15489215
From: rajiv jain on mon, 03 dec 2018 11:13:27 add to address bookto: 1 recipient | see details
Dear ashish

Am surprised to learn from appended message that jet airways has chosen to negate my genuine claim on account of non-filing of property irregularity report (Pir) without going in to relevant provisions of carriage of goods by air act, 1972 or merits of my claim like;

1. I had to travel outstation immediately from the airport for an urgent meeting;

2. Claim was notified to jet airways on the best possible opportunity i. E on 1st sep, 2018 itself the date of arrival at mumbai airport and the date of actual loss with photographs of the damaged contents, baggage ticket, boarding pass etc. There was no delay from passenger in notifying the damage as soon as the same became evident to passenger;

3. Since then i was advised by jet airways "that we are in continuous touch with the concerned airport and have been informed them to expedite the case at the earliest".

4. Matter from very beginning was pursued by me with various functionaries of jet airways including their nodal officer

5. Section 18 (1) of carriage of goods by air act, 1972 states"the carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered luggage or any goods, if the occurrence which caused the damage so sustained took place during the carriage by air."

6. Aforesaid stipulation nowhere provides that if the pir is not filed by customer then carrier is exonerated from any liability in respect to destruction or loss or of damage to any registered luggage;

7. Further section 26 (2) of the said act provides that"in the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of luggage and seven days from the date of receipt in the case of goods.in the case of delay the complaint must be made at the latest within fourteen days from the date on which the luggage or goods have been placed at his disposal."

In my case complaint was made within a few hours from date of damage against three days provided under section 26 (2) of the act and accordingly i am not guilty of laches in notifying the claim. Mere non-filing of pir does not entitle the carrier to exonerate itself from any/all liability in respect to registered baggage to the extent it fulfills requirement of section 26 (2) of the act

8. Damage relates to gross negligence/dereliction of duty on part of jet airways handing passenger's luggage;

9. Section 23 of carriage of goods by air act, 1972 states that "any provision tending to relieve the carrier of liability or to fix a lower limit than that"which laid down in these rules shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract which shall remain subject to the provisions of this schedule".

In view of the foregoing you are once again advised to reconsider your position by taking necessary legal advice in the matter

Upon receipt of your final reply i will decide how to move forward in the matter.

Regards
Rajiv jain