E-Paper
Chandigarh: Not settling lost baggage claim costs airline ₹21,000
Sector 35 resident complained that his luggage was lost while travelling to Bangkok for a 19-day vacation in December 2019
The State Consumer Disputes Redressal Commission has directed an airline to pay ₹4,000 with 9% annual interest to a Sector-35 resident whose luggage was lost at the airport while travelling to Bangkok in December 2019.
Holding GoAir guilty of unfair trade practice and deficient service for not settling the passenger’s lost baggage claim, the commission has also directed the airline to pay ₹10,000 as compensation for causing mental agony and harassment, and ₹7,000 as cost of litigation.
Rajeev Sharma, 53, had filed a complaint against Go Airlines India Ltd, Mumbai, and MakeMyTrip.
Sharma had submitted that he booked a trip to Bangkok from December 12 to 30, 2019, via MakeMyTrip by paying ₹22,276 for the air ticket.
But he discovered that his luggage was lost on landing in Bangkok. He registered a complaint and was assured by the airport authorities that the bag will be located, but it was not returned. Sharma contended that his luggage contained $500 in cash apart from clothes and other belongings.
Before the commission, the airline’s representative contested that its liability was limited to compensation offered as per the policy terms and conditions.
It added: “The complainant was well aware of these terms and conditions at the time of booking, and accepted the same without any dispute. The company is not at all responsible for the alleged inconvenience or loss as claimed to be suffered by them.”
The company alleged that the list of articles attached with the complaint was an afterthought to extract money from the company. It also submitted that it was possible that the luggage was misplaced due to manual intervention of staff of various airlines or some other passenger wrongly took it away.
MakeMyTrip contested that after issuance of confirmed tickets, it is discharged from its duties and obligations qua the complainant. It submitted that it was the airline’s duty to compensate the complainant for loss of baggage during the travel as per provisions of the Carriage by Air Act, 1972, and Citizen Charter.
After hearing both sides, the commission, while reproducing the relevant terms and conditions in case of baggage loss, said, “GoAir’s liability for loss of baggage is limited to ₹200 per kg up to a maximum of ₹4,000, whichever is lower.”
However, the commission observed, the airline had not adduced any evidence on record regarding payment of ₹4,000 to the complainant. As such, it had indulged in unfair trade practice and was deficient in providing service to the complainant, it said, while imposing penalty on the airline.
