Hyderabad District Commission Holds Indigo Airlines Liable For Delay Delivery Of Baggage, Failure To Provide Real-Time Updates

Brief Facts:

The Complainant travelled from Jeddah to Hyderabad on a flight operated by Indigo Airlines. Upon arrival in Hyderabad, the Complainant discovered that his baggage containing personal clothes and important business documents was missing. On reporting the issue to the Lost Baggage Section, he was assured that his baggage would be delivered within 12 hours. However, this promise was not fulfilled. After several unsuccessful attempts to contact Indigo's customer care, the Complainant's representative emailed the Vice President of Customer Care. The baggage was eventually delivered 18 days after it should have arrived. The Complainant claimed that due to the delay, he missed crucial business meetings as the necessary documents were in the lost baggage. He also incurred expenses amounting to Rs. 80,000/- for clothes and accessories during his stay in Hyderabad. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission–I, Hyderabad, Telangana (“District Commission”) against Indigo.

In response, Indigo contended that the complaint was flawed due to the non-joinder of the necessary party, Tek Travels DMCC, the travel agent through whom the ticket was booked. It confirmed that the Complainant boarded the flight with his luggage which was checked in Jeddah. Upon discovering the missing luggage at Hyderabad, the Complainant lodged a Property Irregularity Report (PIR). Indigo Airlines argued that it initiated efforts to trace the luggage and communicated this to the Complainant. It also highlighted that its Central Baggage Tracing Unit (CBTU) successfully traced the luggage and informed the complainant, offering a travel voucher of Rs. 3,000/- as a goodwill gesture. It referred to Clause 17 of Schedule 3 of The Carriage by Air Act, 1972, arguing that its liability for delayed baggage arises only if the baggage is not delivered within 21 days. Since the luggage was delivered within 17 days, it claimed no liability for damages or compensation.

Observations by the District Commission:

The District Commission noted that the alleged deficiency in service was directly related to the delay in delivering the Complainant's checked-in baggage by Indigo. It held that this issue was unrelated to the services of the travel agent through whom the Complainant booked his ticket.

The District Commission noted that there was no contributory negligence on the part of the Complainant, nor any inherent defect in the checked-in baggage. The District Commission held that Indigo, according to Clause 17.3 of their Conditions of Carriage, had a duty to ensure the safe custody of the baggage from check-in at the departure airport until its placement on the conveyor belt at the arrival airport. Indigo failed to provide evidence for making tracing efforts through its Central Baggage Tracing Unit (CBTU).

The District Commission found no evidence of efforts made by Indigo to track and expedite the return of the delayed baggage or to provide real-time updates to the Complainant. The Complainant was left without information until July 13, 2023, when Indigo Airlines finally informed him about the traced baggage and its expected delivery the next day. Therefore, the District Commission held Indigo liable for deficiency in service, both in terms of providing timely updates and in the delayed delivery of the baggage.

Consequently, the District Commission directed Indigo to pay Rs. 50,000/- towards incidental expenses incurred due to the delay, Rs. 20,000/- for the loss and inconvenience suffered, and Rs. 10,000/- for litigation costs to the Complainant.

Case Title: Mr Syed Javed Akhtar Zaidi vs M/s. Indigo Airlines

Case Number: 505/2023

Date of Pronouncement: 05.06.2024

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