Indigo Held Liable For Denying Boarding And Losing Passenger’s Bag, Sirsa District Commission Awards Rs. 1 Lakh Collective Compensation
The District Consumer Disputes Redressal Commission, Sirsa bench comprising Padam Singh Thakur (President) and O.P. Tuteja (Member) held Indio Airlines liable for the luggage of the complainant’s son which went missing when they were asked to take the next available flight. The bench noted that airlines must exercise reasonable care in handling passengers and their baggage....
The District Consumer Disputes Redressal Commission, Sirsa bench comprising Padam Singh Thakur (President) and O.P. Tuteja (Member) held Indio Airlines liable for the luggage of the complainant’s son which went missing when they were asked to take the next available flight. The bench noted that airlines must exercise reasonable care in handling passengers and their baggage. This includes ensuring that passengers are not unfairly denied boarding and that their baggage is properly handled and accounted for. Any failure to exercise this duty of care can result in liability.
Brief Facts:
Bhupender Singh (“Complainant”) booked a ticket for himself and his son with Indigo Airlines (“Indigo”). On the day of the flight, his son was denied boarding due to the claim that the flight was already full, and he was asked to take the next available flight. This action led to additional charges for the complainant’s son. Moreover, during the journey, the son’s luggage went missing, which contained valuable items, including an iPad. Aggrieved, the complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Sirsa (“District Commission”).
He argued that due to Indigo Airlines’ actions, his son faced significant inconvenience and financial losses. He claimed that the airline failed to locate and return the missing bag despite repeated inquiries and attempts. The complainant sought compensation for the loss of the bag, estimating its worth at Rs. 1,00,000/-. He also requested compensation for the harassment and mental distress caused to his son due to the mishandling of the luggage.
On the other hand, Indigo repeatedly sought adjournments to file a written statement, which they never submitted. Ultimately, it failed to file a written response and opted to proceed against ex-parte. Indigo did not present any defence or rebuttal to the complainant’s claims. Despite the service of a legal notice, it did not resolve the complainant’s grievances or locate the missing bag.
Observations by the Commission:
Firstly, the District Commission held that Indigo, in this case, was liable for the loss of the bag and the associated inconvenience and distress suffered by the complainant’s son. The determination of liability was based on the provisions of the Carriage by Air Act, 1972, as well as the terms and conditions of the airline ticket. The Act prescribes a specific framework for limiting the liability of carriers. It sets limits on the amount that can be claimed by passengers in the event of loss or damage to baggage. These limits are often defined in terms of Special Drawing Rights (SDRs) as per the International Monetary Fund. The Act recognizes the importance of standardizing these limits to provide predictability and fairness. According to the Act, passengers are entitled to compensation for loss, delay, or damage to their baggage. However, the liability of the airline for baggage is often subject to a maximum limit, which the Act and the international conventions it references specify.
As a result, it was determined that the complainant was entitled to compensation for the loss of the bag. This compensation was assessed at a rate of 20 US Dollars per kilogram, considering that the bag’s weight was 30 Kg. This calculation translated to an entitlement of 600 US Dollars. At the prevailing exchange rate, approximately Rs. 84 per US dollar, this amounted to Rs. 50,000.
Moreover, the District Commission acknowledged the complainant’s right to interest in the amount of Rs. 50,000 from Indigo. The interest was set at 6% per annum, commencing from the date when the bag went missing, which was on 21.11.2022.
The complainant was also granted additional compensation of Rs 50,000 for the emotional distress and inconvenience suffered.
Case: Bhupender Singh vs Indigo Airways Limited
Case No.: CC/23/113
Advocate for the Complainant: JS Sindhu
Advocate for the Respondent: Ex parte
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