Misplaced baggage: Indigo Airlines told to pay ₹20k to Ludhiana woman

The Ludhiana woman, Harpreet Kaur, had also stated in her complaint submitted to the court that the lost baggage contained jewellery worth ₹5 lakh and sought compensation of ₹ 10 lakh from Indigo Airlines

The District Consumer Disputes Redressal Forum has directed an aviation company to pay ₹15,000 as compensation and litigation expenses to the tune of ₹5,000 to a woman from BRS Nagar, Ludhiana, for misplacing her luggage.

However, the Indigo Airlines’ counsel contended that all passengers were advised not to carry any valuables or perishable goods in their checked-in baggage. But, the Ludhiana woman chose to carry the jewellery in wilful non-adherence to the binding terms of the contract, the counsel said . (HT FILE)

The woman, Harpreet Kaur, had also stated in her complaint submitted to the court that the lost baggage contained jewellery worth ₹5 lakh and sought compensation of ₹ 10 lakh from Indigo Airlines (opposition party) in lieu of her loss, mental and physical agony. However, the court dismissed her claim, as the woman had not declared that she was carrying jewellery in the bag.

As per rules, passengers need to declare any jewellery in the checked in baggage with the customs department at the time of departure. The complainant had not declared the same and thus her claim that she was carrying jewellery was devoid of any evidence and could not be proved.

The complaint

Kaur had booked tickets from Hyderabad to Amritsar on February 9, 2019. She had handed over two suitcases as check-in baggage, but when she reached Shri Guru Ram Dass Airport in Amritsar, she only received one of them.

The complainant said the missing suitcase contained costly clothes and gold ornaments as she was returning after attending a marriage in Hyderabad. She had claimed that all her other family members had handed over their jewellery to her, which she was carrying in the missing suitcase.

However, the OP’s counsel contended that all passengers were advised not to carry any valuables or perishable goods in their checked-in baggage. But, the complainant chose to carry the jewellery in wilful non-adherence to the binding terms of the contract, the counsel said .

“Moreover, the complainant was under an obligation to disclose beforehand that she was carrying valuable items in the checked-in baggage for which she had to pay additional charges,” it added.

Court’s verdict

The commission observed that the complainant was duty bound to disclose to the OP at the time of handing over the baggage that it contained valuables.

“On the contrary, in the Property Irregularity Report (Annexure-R5) submitted by the complainant herself, it has been mentioned that the suitcase contained clothes and make-up kit only. Therefore, the complainant cannot be held entitled to compensation of ₹5 lakh or more on the assumption that she was carrying costly jewellery,” stated the commission.