Luggage Reached After 6 Days To Destination, New Delhi District Commission Holds Air India Liable for Deficiency In Service

The District Consumer Disputes Redressal Commission-VI, New Delhi bench comprising Poonam Chaudhry (President), Bariq Ahmed (Member) and Shekhar Chandra (Member) held Air India liable for deficiency in services for the delay in delivering the Complainants' luggage, six days after they arrived in New York. The bench directed Air India to pay a compensation of Rs. 2,00,000/- to the Complainants along with Rs. 25,000/- for the litigation costs incurred by them. Brief Facts: The Complainants booked tickets with Air India Limited through the website 'www.makemytrip.com' for their journey from Delhi to New York on 18.12.2015 and their return journey on 02.01.2016. They checked in four bags at Indira Gandhi International Airport, and after a layover in Mumbai, boarded the airline's Flight No. AI 191 to New York. Upon reaching Newark Liberty International Airport, the Complainants waited for about 5 hours for their luggage but did not receive it. Despite repeated requests to Air India's officials, they were informed that their luggage would take about 6 more days to arrive. The Complainants faced great inconvenience and received no satisfactory response from Air India's representatives. Subsequently, the Airline's official at Newark Liberty International Airport provided a Property Irregularity Report after a significant delay. Forced to provide a relative's address for delivery, the Complainants had to spend around 15 days in the U.S., attending meetings and incurring additional expenses due to the delayed baggage. Feeling aggrieved, the Complainants approached the District Consumer Disputes Redressal Commission-VI, New Delhi (“District Commission”) and filed a consumer complaint against Air India. The Complainants contended that they booked tickets under the representation of safe passage and simultaneous delivery of their baggage. The delayed baggage caused inconvenience, harassment, pain, agony, and unforeseen financial loss. Due to Air India's failure to deliver luggage on time, the Complainants spent approximately $2000 on clothes, $300 on medicines, and $500 on conveyance to collect the bags, totalling around $3000 in expenses. Air India raised several grounds, including the contention that the complaint was belated, a sham, and an afterthought. It argued that the Complainants were well aware of the lack of merit in their case. It asserted that the Complainants failed to disclose any cause of action in their favour and provided no evidence of the alleged losses. It accused the Complainants of manipulating documents and relying on irrelevant information. The delay in baggage delivery, according to Air India, was beyond their control, and they made their best efforts to deliver the baggage without any protest or objection from the Complainants. Observations by the District Commission: The District Commission noted that Air India didn't contest the fact that numerous calls were made by the Complainants and their son from various locations to inquire about the status of their luggage. It held that it is well-known that when individuals travel abroad, they typically carry essential items such as clothes and medicines. Air India's argument that the Complainants did not suffer any mental or monetary loss was rejected by the District Commission. Therefore, it held Air India liable for deficiency in services. Consequently, the District Commission directed Air India to pay a sum of Rs. 2,00,000/- as compensation to the Complainants. This compensation was awarded for the mental agony, harassment, and monetary loss endured by the Complainants, who were compelled to purchase clothes, and medicines, and incur other miscellaneous expenses such as local transport costs. Additionally, Air India was directed to pay Rs. 25,000/- for the litigation costs incurred by the Complainants.Case Title:Ashok Goel and Anr. vs Air India LimitedCase Number: Case No.CC/196/2016 Click Here to Read/Download Order

Luggage Reached After 6 Days To Destination, New Delhi District Commission Holds Air India Liable for Deficiency In Service

Smita Singh

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