New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, has asked the airlines to pay the the amount to Delhi resident Subhash Chander Moton whose baggage went missing when he was travelling by the flight on May 14, 2010 from Kolkata to Delhi.
"Loss of baggage by Opposite Party (Air India) is also imperfection in rendering services and deficiency, which leads to anxiety, harassment, agony and tension. The liability under the Act is silent on these aspects, which are compensated by consumer courts," the forum, also comprising its members S R Chaudhary and Ritu Garodia, said.
The forum said, "In the light of above considerations we direct Opposite Party to not only pay Rs 5,000 based on weightage of lost baggage, but also Rs 10,000... for imperfection in services inclusive of litigation expenses."
Moton had contended before the forum that after reaching Delhi he found that his bag, containing important documents, was missing from the flight.
He lodged a report and after six months, the airline offered Rs 5,000 for the lost bag based on its weight, he said.
Aggrieved with the amount offered, he filed a complaint before the forum, he said.
The airline, however, claimed in its reply that its liability for loss of goods was limited to this amount based on weight of the lost bag.