Mumbai: Consumer Commission orders Air India to pay ₹25,000 for lost baggage and ₹10,000 for mental agony | Representative pic
Mumbai: The South Mumbai District Consumer Dispute Redressal Commission has directed Air India to pay ₹25,000 to a passenger for the loss of his baggage. Additionally, the airline has been ordered to pay ₹10,000 as compensation for the complainant’s mental agony, the time spent pursuing the matter, and litigation costs.
However, the commission rejected the complainant’s claim of ₹1,33,500 for the alleged loss of items in the baggage. It noted that the complainant, who described himself as a qualified technocrat, textile professional, and a Golden Edge Member of Air India’s Flying Returns Reward Program, failed to provide any documentary evidence to substantiate his claim for the contents of the lost baggage.
Kamal Nayan Singh had filed a consumer complaint alleging that he lost his checked-in baggage while traveling from Mumbai to Delhi on an Air India flight in December 2015. Singh, who had paid ₹4,353 for the ticket, handed over his baggage containing clothes and valuable items at the Mumbai airport check-in counter, where it was tagged as priority baggage.
Upon arriving in Delhi, Singh discovered that his baggage was missing from the conveyor belt. He waited for two hours but could not locate it. Singh alleged that he was initially asked to check the CCTV footage but was later denied access, citing security concerns. After filing a complaint with the authorities and receiving no resolution, he approached the consumer commission.
Air India in its defence argued that efforts were made to locate the missing baggage. Three unclaimed, tag-less pieces of baggage were found, but the complainant denied ownership of any of them. The airline explained that CCTV access was restricted due to CISF permissions and a security red alert. Additionally, the complainant failed to declare the contents of his baggage at the time of check-in or disclose them in his claim.
The commission while passing orders acknowledged that the loss of Singh’s baggage was undisputed. Air India’s email dated May 1, 2016, confirmed the missing baggage. However, the complainant failed to provide evidence of the contents or value of the items in the lost baggage.
The commission in its orders noted the three below points
• The complainant did not declare the contents of the baggage during check-in.
• No documentary evidence was submitted to support the claim for ₹1,33,500.
• Under the Carriage by Air Act, 1972, and associated rules, the airline’s liability for lost baggage is limited.
Hence based on the proved evidence, the commission held , “The journey by the complainant and the loss of baggage are admitted facts. However, the complainant did not declare any valuables in the baggage at the time of check-in. The liability under the Carriage by Air Act, 1972, is limited. No directions contrary to the provisions of the Act and its regulations can be issued to the airline in the absence of substantiating evidence for the claimed compensation. Therefore, the complainant is justified in claiming compensation of ₹25,000 as per the General Conditions of Carriage for Passenger and Baggage Article 17.”
