NCDRC Grants Limited Relief To Indian Professional Golfer For Loss Of Luggage, Subject To Proving Actual Loss
A consumer complaint filed by Indian professional Golfer Gaganjeet Bhullar against Emirates Airlines for the loss of his baggage was partially allowed by the National Consumer Disputes Redressal Commission. Bhullar alleged that Emirates Airlines had mishandled his baggage, causing him inconvenience and financial losses. The NCDRC bench presided by Justice Ram Surat Ram Maurya...
A consumer complaint filed by Indian professional Golfer Gaganjeet Bhullar against Emirates Airlines for the loss of his baggage was partially allowed by the National Consumer Disputes Redressal Commission. Bhullar alleged that Emirates Airlines had mishandled his baggage, causing him inconvenience and financial losses.
The NCDRC bench presided by Justice Ram Surat Ram Maurya and Mr. Bharatkumar Pandya as a member, found that Emirates Airlines (Opposite Party) had met the required standards by delivering Bhullar's missing baggage within 24 hours in the first incident. However, in the second incident, where one bag was lost, the airline was directed to compensate Bhullar within the limit of SDRs 1000, provided he could prove the value of the lost items. However, the commission did not approve Bhullar's claims for compensation related to his missed tournaments and mental stress.
Brief Facts
Mr. Gaganjeet Bhullar (Complainant) filed a consumer complaint against Emirates Airline alleging gross negligence on their part. The complaint pointed out that he is a renowned golfer with numerous achievements and sponsorship contracts with companies like Titleist and Footjoy. Bhullar alleged that during his travels with Emirates Airline back in 2014, his baggage was lost and misplaced on two occasions, causing significant inconvenience, anxiety, and financial losses.
The first incident occurred when he flew from Johannesburg to Mumbai for a golf tournament on 17th February 2014. His baggage didn't arrive on time, causing him to miss the tournament's cut and he supposedly lost a substantial prize of Rs. 1.5 Crores. The second incident happened during his trip to Casablanca for another golf tournament on 10th March 2014. This time his golf kit, including branded clothing and equipment, was lost. This loss caused him anxiety and affected his performance. Bhullar claimed that due to the airline's negligence, he even breached his sponsorship agreements with Titleist and Footjoy. As a result, he prayed for a compensation of Rs. 1,50,00,000/- for his losses, reimbursement of Rs. 1,00,000/- for the lost baggage, and Rs. 2,00,000/- for mental agony, harassment, and litigation costs.
Arguments given by Emirates Airlines
Emirates Airlines contested the consumer complaint and claimed that the passenger, Mr. Bhullar, had checked in two bags weighing a total of 42 kg on a flight from Johannesburg. They claimed that his missing bag might have been left in Johannesburg or Dubai due to this last-minute flight change, as he arrived on a different flight than the one he originally booked. The Airline further argued that they planned to deliver it within 24 hours.
They denied Mr. Bhullar's claims that he had to wait for three hours at the airport for his bag or that he missed a golf tournament because of it. They also contended that they didn't know about his participation in any golf tournament and disagreed with the prize money value he mentioned. Emirates Airlines further disputed his claims about missing practice for another tournament. However, the airlines agreed to pay compensation up to a certain limit (SDRs 1000) if Mr. Bhullar could prove the value of his lost bag.
Observations of the National Commission
The National Consumer Disputes Redressal Commission found that in the first incident, where the complainant's baggage was delayed on February 17, 2014, the airline delivered the missing bag within the required 24-hour period. Therefore, there was no deficiency in service for this part of the journey. However, in the second incident, where the complainant's bag containing his golf kit was lost during a connecting flight, the commission directed the airline to compensate the complainant for the lost bag, but within the limit of SDRs 1000. The airline was willing to provide this compensation if the complainant could prove the value of the lost baggage.
Regarding the complainant's claims for compensation related to missing golf tournaments and mental stress, the commission dismissed these claims as unfounded, and therefore no compensation was awarded with respect to these claims.
Case Title: Gaganjeet Bhullar vs. M/S Emirates Airlines
Counsel for Complainant: Ms. Srejal Mishra and Mr. Satender Pal, Advocates
Counsel for the Opposite Parties: Ms. Ritu Singh Mann, Mr. Dheeraj K. Garg and
Mr. Sandeep Chauhan, Advocates