The Raipur District Consumer Disputes Redressal Commission has directed an airline to pay Rs 1.82 lakh to a passenger whose three bags went missing after airline staff allegedly asked him to leave them at Delhi airport and promised delivery in Raipur the following day.
The Indian Express reported that the commission found the airline guilty of deficiency in service and an unfair trade practice after concluding that the passenger had handed over the baggage to the airline on the strength of its assurance that it would be delivered at his destination.
A bench comprising president Dakeshwar Prasad Sharma and members Nirupma Pradha and Anil Kumar Agnihotri passed the order on August 20.
Passenger left three bags at Delhi airport
According to The Indian Express, the passenger was returning from his wedding in Agra in December 2015 with eight relatives and friends.
He was travelling on a Delhi-Raipur flight on December 5 when airline staff at Delhi airport allegedly asked him to leave three bags behind because of the weekend rush and limited time.
The passenger reportedly said he was assured that the bags would be safely delivered to him at Raipur airport the next day.
When he arrived in Raipur on December 6, airline staff initially told him that the bags had been loaded onto the same aircraft and could be collected from the baggage belt.
The three bags, however, did not appear.
The passenger identified the missing luggage through the baggage tracking slips as a “black bag, a blanket and a blue bag”.
Airline later declared bags missing
The passenger said he repeatedly contacted airline officials over the next two weeks and was initially assured that efforts were being made to locate and return the luggage. On December 18, the airline formally informed him that the bags were missing.
The passenger subsequently claimed compensation, but the airline rejected the claim on January 7, 2016, citing its Conditions of Carriage.
The complainant had also informed the airline through an email dated December 19, 2015, about the circumstances in which the bags had been left behind. The commission noted that the airline did not provide a clear explanation in response.
Airline cited reporting rules
The airline opposed the complaint on several grounds. It argued that because the passengers were travelling as a group under a single PNR, all members were required to be physically present in the arrival hall when a lost-baggage complaint was filed.
According to the airline, since all eight passengers were not present together, the baggage should be treated as having been delivered in good condition.
The airline also argued that the passenger had not filed a “Property Irregularity Report (PIR)”. It alleged that he had carried undeclared valuables in his checked baggage and had added luggage at the last minute.
The airline further challenged the jurisdiction of the Raipur consumer commission, arguing that the matter should have been dealt with in Delhi.
Baggage slips establish handover, says commission
The commission rejected the airline’s defence. According to The Indian Express, the baggage slips produced before the forum recorded all three pieces of luggage. The records indicated that two bags were at the boarding gate while the third was at the check-in point.
The commission held that the documents established that the passenger had handed over the three bags to the airline.
It also rejected the argument that all passengers under the same PNR had to be present in the arrival hall to report the missing baggage.
The forum said that condition could not be relied upon in these circumstances because the passenger had no reason to know that his bags were missing when he reached Raipur.
The passenger had specifically informed the airline that he had left the bags at Delhi airport at its request and on the assurance that they would be delivered the following day.
The airline, however, failed to provide a satisfactory explanation for what happened to the luggage.
Rs 1.82 lakh compensation awarded
The Raipur consumer commission partly allowed the complaint and directed the airline to pay Rs 1.50 lakh for the lost baggage. The amount will carry “6% simple annual interest from April 29, 2016, until payment”.
The commission also awarded:
Rs 25,000 for mental agony
Rs 7,000 towards legal and litigation expenses
Therefore, the total payout comes to Rs 1.82 lakh, apart from the applicable interest on the Rs 1.50 lakh baggage compensation.
Takeaway
The case revealed that airlines may not be able to rely on technical conditions in their baggage policies when the passenger’s luggage was left behind at the airline’s own request and on an assurance that it would be delivered later.
For passengers, the case also notes the importance of retaining baggage tags, tracking slips, emails, complaint records and other written communication with the airline.