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Judgment
This complaint has been filed by the complainant against OPs claiming Rs.10 crores on account of business loss and Rs. 4,75,000/- on account of expenses.
Brief facts of the case are that complainant''s employees Nilesh Jain, Oshin Jain and Dolphy Jain had appointments with Mavi Jeans, Kigili & Mexx, Polo Garage & Loft Jeans and Defacto and Colins etc. in pursuance to business offer from 9.5.2016 to 12.5.2016 in Istanbul, Turkey. Complainant got tickets of employees booked with OP No. 1 for flight dated 9.5.2016, but flight was late by 11/2 hours and aforesaid employees had connecting flight from Abu Dhabi to Istanbul which was likely to be missed. On employees'' request, OP No. 1 offered alternate flight connecting Emirates flight from Abu Dhabi to Istanbul and they boarded in that flight, but their baggages were not shifted in the flight. On reaching Istanbul, they did not find 5 baggages; so, could not finalize business deal with aforesaid parties and suffered business loss of Rs.10 crores and further loss of Rs. 4,75,000/- towards expenses incurred by employees for purchasing clothes etc and expenses incurred in tickets and visas. After rigorous follow up, complainant got 5 baggages on 17.5.2016. Alleging deficiency on the part of OPs, complainant filed complaint for claiming aforesaid amount with interest.
Heard learned Counsel for the complainant for admission purposes.
In para 13 of the complaint, it has been mentioned that complainant had expected business offer from aforesaid 4 firms to the tune of Rs. 10 crores whereas in the complaint, he has claimed Rs. 10 crores business loss which apparently should not have been because out of total business deal only some percentage of profit could have been obtained by complainant. Complainant has not filed his earlier income tax assessment returns to depict how much income he was generating from business with foreign buyers. Complainant has claimed huge amount which requires elaborate evidence by the parties which cannot be decided in summary proceedings and in such circumstances, complaint is not maintainable before this Commission and complainant should have approached Civil Courts for redressal of his grievances.
Consequently, complaint filed by complainant is dismissed with liberty to the complainant to approach Civil Courts for redressal of his grievances.