Baramulla Consumer Commission Fines IndiGo ₹89K For Loss Of Passenger's Baggage Due To Negligent Handling Of Group Luggage

The District Consumer Disputes Redressal Commission, Baramulla, has directed INDIGO Airlines to pay Rs. 89,000/- as compensation to passengers whose baggage was lost due to the airline's negligence in handling group luggage at Dammam Airport, holding that such conduct amounts to deficiency in service.The Commission was hearing a complaint filed by two passengers who had booked return journey tickets from Dammam, Saudi Arabia to Srinagar, India via Delhi with INDIGO Airlines. The complainants alleged that the airline officials at Dammam Airport clubbed the luggage of the entire group collectively without verifying each individual's baggage, resulting in mistagging and mishandling. Instead of issuing individual tags to be pasted on boarding passes, all tags were stacked together and handed over as an inseparable pile to one group leader. Upon arrival at Delhi Airport, the complainants found one of their five baggage missing.The bench comprising Mr. Peerzada Qousar Hussain and Ms. Nyla Yaseen observed, "Therefore, considering the nature of articles ordinarily carried in personal luggage, the inconvenience caused to the complainants besides failure of the OPs to trace out the baggage or compensate adequately, we find it just and proper to award reasonable compensation."The complainants planned to perform the religious pilgrimage of Umrah and booked flight tickets from the opposite for the return journey from Dammam to Srinagar via Delhi. The PNR reflected not only the names of the complainants but also six other pilgrims who were part of a group travelling together.At Dammam Airport, the airline officials clubbed all the luggage of the entire group collectively, without verifying and checking the baggage of each individual. Consequently, the baggage was mistagged and mishandled. The airport officials did not issue individual tags to be pasted on the back of boarding passes, instead, all tags were stacked together and handed over as a pile to one group leader. The tags were stacked upon each other and inseparable.Upon arriving at Delhi Airport, the complainants found that out of five baggage checked in, only four were received. They were given a Property Irregularity Report (PIR) and generated a complaint bearing Ticket No. 20439273. Upon contacting the opposite parties, the complainants were asked to provide photographs of the luggage, which were duly sent. They were assured redressal of their grievance within 14 days, but despite the lapse of the said period, the lost baggage was not traced.Eventually, on March 15, 2025, the opposite parties denied the claim, stating that liability does not cover delay in delivery of baggage. The complainants contended that the issue was not of delay but loss of baggage due to sheer negligence of the opposite parties.Commission's FindingsThe Commission framed three issues for determination: whether the luggage of the complainants was lost while in custody of the opposite parties, whether such loss amounts to deficiency in service and whether the complainants are entitled to compensation as prayed for.The Commission noted that it was not disputed that the complainants travelled on the flight of the opposite parties and checked in five luggage, out of which only four were delivered. Despite providing the Property Irregularity Report (PIR), the baggage was not traced. Additionally, the opposite parties eventually informed the complainants through mail that the baggage was delayed.Referring to the provisions governing the Carriage by Air Act, 1972, the Commission observed that the liability for loss of baggage in domestic travel is limited and generally calculated at the rate of Rs. 350 per kg subject to a maximum of Rs. 20,000/- per passenger, unless a higher value has been declared at the time of check-in. The liability for loss, damage, or delay of baggage is limited to 1000 Special Drawing Rights (SDR) per passenger. However, the complainants had restricted their claim to Rs. 89,000/- towards lost baggage and articles.The Commission noted that the complainants had not based their claim strictly on the statutory limits but sought reasonable compensation for loss of baggage and mental agony.Finding merit in the complaint, the Commission allowed the complaint and Indigo was directed to pay an amount of Rs. 89,000/- towards compensation for the loss of the baggage. It further directed to pay an amount of Rs. 20,000/- for putting the complainants into mental agony, harassment and inconvenience in addition to Rs. 10,000/- to the complainants as litigation charges.Case Title: Mohammad Maqbool Hakeem & Anr. v. Indigo Airlines & Anr.Click here to read/download Judgment

Baramulla Consumer Commission Fines IndiGo ₹89K For Loss Of Passenger's Baggage Due To Negligent Handling Of Group Luggage

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

Baramulla Consumer Commission Fines IndiGo ₹89K For Loss Of Passenger's Baggage Due To Negligent Handling Of Group Luggage

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers