New Delhi District Commission Holds Air India Liable For Failure To Notify Flight Cancellation And Loss Of Check-In Baggage

Brief Facts:

The Complainant, along with her family and two other families, planned a trip to Munnar, Kochi in Kerala and booked tickets to travel via the Air India flight. Upon timely arrival at the airport, they were shocked to discover that their flight had been cancelled after they had already checked in their baggage. Despite having the passengers' contact information, Air India failed to notify them of the cancellation. Air India suggested the Complainant return home and take the next day's flight on January 27, 2012, which disrupted their holiday plans as they already made and paid for hotel bookings for specific dates.

After much persuasion, Air India agreed to accommodate the passengers on different connecting flights and split the groups. The Complainant's family was sent on a flight via Chennai and their baggage was supposed to be transferred directly to the connecting flight to Kochi by Air India's staff. However, in Chennai, the connecting flight to Kochi was delayed by two hours, and no assistance was provided. The Complainant got to know that the flight would not fly directly to Kochi but would stop in Bangalore which would further extend the travel time. Additionally, the Complainant's family had to pay for their food at Chennai airport. Despite Air India knowing about the Complainant's first-trimester pregnancy, no special care was provided.

Upon arrival at Kochi airport, the Complainant was informed that two pieces of baggage, including a cricket bat, were lost. The lost luggage included all of the Complainant's family's clothes, leaving them with only the clothes they were wearing. The Complainant estimated the value of the lost items at approximately Rs. 55,000/-, including clothes, accessories, shoes, purses, cosmetics, a gold chain, and a small camera. The ground staff at Air India were uncooperative, and the Complainant's husband was taken to their office while she and her son were left without assistance. The Complainant had to wait for over two hours at the airport without any help or even a glass of water. Her husband lodged a property irregularity report, but the ground staff prevented him from fully disclosing the contents of the lost baggage.

The Complainant had to buy new clothes and other necessities from the local market. She argued that Air India should have provided for the lost items and offered proper medical and hotel facilities during the delay. Despite ongoing correspondence, Air India neither traced the lost baggage nor offered adequate compensation. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission-VI, New Delhi ("District Commission”) and filed a consumer complaint against Air India.

In response, Air India claimed that the complaint was false, fabricated, and an abuse of the legal process, filed with the intention of extracting money. It argued that the Complainant did not include all necessary parties in the complaint. It stated that it operates under the Air Carriage Act, of 1972, and the carriage of passengers and baggage is subject to specific terms and conditions, including limited liability for lost luggage. It argued that the Complainant did not declare the value of the baggage contents or pay additional valuation charges at the time of check-in.

Air India further contended that the Complainant did not provide tickets or booking details for the alleged flight. It denied that any flight from Delhi to Kochi was cancelled on January 26, 2012. It claimed that the Complainant booked tickets with Air India Express for a flight on December 26, 2011, not January 26, 2012, and did not name Air India Express as a party in the complaint.

Observations by the District Commission:

The District Commission noted that Air India contended that it was not liable for any compensation claimed by the Complainant. However, the District Commission referred to a communication dated March 23, 2012, from Air India, in which it acknowledged the loss of the Complainant's baggage. This communication included an offer of Rs. 9,000/- as compensation based on a weight loss calculation of Rs. 450/- per kilogram for 20 kilograms. The District Commission noted that this indicated an implicit acknowledgement of responsibility by Air India.

The District Commission noted the absence of compelling documentary evidence proving that Air India and Air India Express were distinct entities. Therefore, the District Commission held that there was a clear deficiency in service by Air India.

The District Commission held that the Complainant failed to provide evidence for the loss of jewellery and other valuables, as these were not disclosed at the time of filing the FIR. As such, it held that it would be unable to grant relief for these items. Nevertheless, it held it would be unreasonable to assume that the lost baggage was empty. Therefore, it held that the Complainant should be compensated for the loss of clothes, wearable articles, and luggage.

Therefore, the District Commission directed the Air India to pay Rs. 25,000/- to the Complainant for the lost luggage and Rs. 25,000/- for litigation expenses. Additionally, recognizing the mental agony and harassment caused by Air India's deficient services, the District Commission directed Air India to Rs. 50,000/- as compensation to the Complainant.

Case Title: Smita Bajaj vs Air India and Ors.

Case Number: CC/485/2013

Date of Pronouncement: May 22^nd, 2024