Delhi State Commission Holds Spicejet Liable For Failure To Safely Deliver Checked-In Baggage

The Delhi State Consumer Disputes Redressal Commission bench comprising Justice Sangita Dhingra Sehgal, President and Pinki, Judicial Member has held Spicejet liable for failure in safely delivering the missing checked-in baggage of the complainant. The commission has affirmed the findings of the Delhi district commission granting a compensation of Rs. 1,50,000 for mental agony and Rs.50,000 as litigation costs. Brief facts: On 02.05.2013, the complainant booked an international flight from Kathmandu to New Delhi from SpiceJet ('Airline'). The complainant submitted his baggage for check-in and was issued a receipt against it. However, on landing, when the complainant went to collect his baggage, the same was not found at the conveyor belt. The baggage contained a jewellery set, sarees, suits, etc. The matter was immediately reported by the complainant to the customer care representative of the airline. A baggage irregularity report was then issued to the complainant and he was told that an intimation will be sent to him within 24 hours. However, the complainant did not hear from the airline for three days and sent emails seeking an update. On 11.05.2013, the complainant was informed that his baggage has been declared lost and he is entitled to seek a compensation of Rs. 200/- per kg with a maximum cap of Rs. 3000/- as per applicable laws. The complainant wrote to the Appellate Authority of the airline and also issued a legal notice but the issue remained unresolved. Hence, he filed a complaint with the Delhi district commission praying for appropriate compensation. The district commission allowed the complaint of the complainant on the ground that the airline failed to provide any explanation that due care and precaution was taken while handling the baggage of the complainant. Thus, the district commission held the airline liable for deficiency in service and awarded a compensation of Rs. 1,50,000 for mental harassment and agony and Rs. 50,000 as litigation costs. The airline company filed an appeal against the order of the district commission with the Delhi State Commission. Submissions of the airline: It was submitted that the terms and conditions printed on the E-ticket clearly mention that any passenger shall not carry valuables and acting contrary to the said condition would be at the passenger's own risk. The airline further submitted that the complainant neither provided any evidence as regards the contents of the baggage nor any prior declaration was made. Submissions of the complainant: The complainant submitted that no terms and conditions were ever provided to him and the airline merely sought to discharge their liability by offering a meagre amount of Rs. 3000/-. Hence, he prayed for dismissal of the appeal. Observations of the commission: The commission relied on the findings of the district commission which observed that there is no condition which finds mention on the e-ticket to the effect that a passenger shall not carry any valuables in the check-in baggage. It was observed that such a condition should have been prominently printed on the E-ticket or displayed at the baggage counter. It was held that since the said condition was not brought to the notice of the complainant, the airline cannot be permitted to benefit from it and there is no contractual relationship which exists between the parties. It was further observed that the airline failed in its fundamental duty to deliver the checked-in baggage of the complainant safely. Thus, the airline was held liable for deficiency in service for failure to fulfil its obligation. Hence, the order of the district commission awarding a compensation of Rs. 1,50,000 for mental harassment and agony and Rs. 50,000 as litigation costs was upheld by the State Commission. The appeal was thus dismissed. Case Title: SpiceJet Ltd. vs Kapil Singh Pal Case Number: First Appeal 59/2024 Advocate for Appellant: Rohi Kumar Advocate for Respondent: Shekhar Shri Prakash Date of Decision: 27.05.2025 Click Here To Read/Download The Order

Delhi State Commission Holds Spicejet Liable For Failure To Safely Deliver Checked-In Baggage

Aakanksha Bajoria

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