Baggage Loss: Chandigarh District Commission Orders Go Airlines To Pay Rs. 21,000, Citing Unfair Trade Practices And Deficiency In Service

The Commission held Go Airlines responsible for unfair trade practices and deficiency in service. It directed Go Airlines to pay the complainant Rs. 4000/- as compensation with interest at a rate of 9% per annum, along with Rs. 10,000/- as compensation for mental distress and harassment. Moreover, Go Airlines was directed to reimburse the complainant Rs. 7000/- to cover the litigation costs.

Brief Facts:

The Complainant booked flight tickets for his vacation to Bangkok and paid Rs. 22,276/- for the flight tickets. After boarding the flight, he checked in his luggage at Delhi Airport with Go Airlines. The bag contained 5 shirts, 5 pants, 7 sets of underwear, a shaving kit, 3 tracksuits, and 500 USD in cash.

Upon arrival in Bangkok, he was shocked to discover that his luggage was missing. He promptly reported the loss to the authorities at Bangkok Airport and was assured that his baggage would be returned. The Complainant filed the consumer complaint with the District Commission since the luggage has not been returned to him till date.

Contentions of the Opposite Parties:

Go Airlines

Go Airlines contended that its responsibility is limited to the compensation outlined in accordance with the terms and conditions of its policy. It argued that the Complainant was fully aware of these terms and conditions while booking the tickets, and had accepted them without disagreement. Go Airlines stated that it cannot be held accountable for any inconvenience or loss to the complainant. Furthermore, Go Airlines contended that the list of items provided by the complainant seems to have been added to extract compensation. It disputed the validity of the list, asserting that there is no accuracy, and requested the complainant to substantiate their claims.

It also argued that the baggage handling process involves manual sorting by various airlines before being loaded onto the aircraft. It acknowledged the possibility of mishandling occurring during this process due to manual intervention by staff from different airlines. The airline noted that sometimes passengers unintentionally carry someone else's baggage, which could result in baggage going missing.

Make My Trip

Make My Trip stated that its responsibilities and obligations are fulfilled upon issuing confirmed tickets. It asserted that it has been included as a party in the complaint with the intention of unjustly extorting money.

Furthermore, Make My Trip pointed out that it is the responsibility of Go Airlines to provide compensation to the complainant for the baggage loss during travel, in accordance with the Carriage by Air Act, 1972, and the Citizen Charter. It also highlighted information available on the website of the Director General of Civil Aviation, which asserts that the airline responsible for the loss of baggage is legally obligated to compensate the affected traveller.

Observations of the Commission:

The Chandigarh District Commission allowed the complaint and found Go Airlines liable for engaging in unfair trade practices and displaying a deficiency in service. The Commission took into account the relevant compensation terms and conditions set forth by Go Airlines for situations involving baggage loss. These terms included the statement that Go Airlines is not responsible for losses or damages arising from delays in air travel or baggage transportation. The airline's liability for baggage loss was capped at Rs. 200/- per kilogram, with a maximum limit of Rs. 4000/-, whichever amount is lower.

The Commission ordered a maximum compensation amount of Rs. 4000/-, equivalent to the terms and conditions specified by Go Airlines, as the complainant had not indicated the weight of his luggage. The Commission dismissed the complaint against Make My Trip, as there was no evidence of deficiency of service or unfair trade practices on its part.

In conclusion, the Commission directed Go Airlines to pay the complainant Rs. 4000/- as compensation with interest at a rate of 9% per annum, along with Rs. 10,000/- as compensation for mental distress and harassment. Moreover, Go Airlines was directed to reimburse the complainant Rs. 7000/- to cover the litigation costs.

Case Title: Rajeev Sharma vs. Go Airlines (India) Ltd.

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