3 weeks ago
IndiGo liable for Rs 70,000 over lost power-bank baggage
Two people flew on an airplane from Bengaluru to Raipur.
Before the flight, they gave their bag to the airline to put on the plane.
When they landed, their bag was missing.
The airline said the bag had a power bank inside, which is not allowed in checked-in bags.
Airline workers took the power bank out with the passengers' permission.
But even after that, the passengers never got their bag back.
The passengers complained to a consumer court in Raipur.
The court said the airline must take care of bags it accepts and puts tags on.
The court ordered the airline to pay the passengers Rs 70,000.
This money covers the lost bag, the upset it caused, and court costs.
The court also said airlines cannot just blame passengers when a bag goes missing, even if something forbidden was inside it.
The Raipur District Consumer Disputes Redressal Commission held a private airline liable for deficiency in service over a checked-in bag that went missing after a power bank was removed from it.
The commission ordered the airline to pay Rs 70,000 in total: Rs 50,000 for the lost baggage, Rs 15,000 for mental agony and Rs 5,000 towards legal expenses, within 45 days.
The bag did not arrive after the passengers travelled from Bengaluru to Raipur on an IndiGo flight on January 26, 2019.
The airline told the passengers the bag was not loaded because it contained a prohibited power bank; the power bank was removed with their consent, but the remaining baggage was never delivered.
The commission rejected the airline's reliance on its baggage-policy cap of Rs 350 per kg (maximum Rs 20,000), noting the rules were never clearly informed to passengers.
- Who
- Two passengers who flew IndiGo from Bengaluru to Raipur, and the Raipur District Consumer Disputes Redressal Commission (bench president Dakeshwar Prasad Sharma with members Nirupama Pradhan and Anil Kumar Agnihotri), which heard their complaint against the airline.
- What
- A consumer commission ordered a private airline to pay Rs 70,000 compensation after a checked-in bag went missing when it was withheld for the removal of a prohibited power bank.
- Where
- The flight was from Bengaluru to Raipur, and the complaint was decided by the district consumer commission in Raipur, Chhattisgarh.
- When
- The incident occurred on January 26, 2019; the commission's order was issued on July 28.
- Why
- The airline failed to deliver a tagged bag even after the prohibited power bank was removed, which the commission found amounted to deficiency in service and unfair trade practice.
Passengers / Consumer Commission finding
Airline's defence
Responsibility for the lost baggage
Passengers / Consumer Commission finding
The airline is responsible for safely delivering tagged baggage, and once the power bank was removed it could not blame the passengers for the loss.
Airline's defence
The passengers knowingly carried a prohibited power bank in checked-in baggage against the airline's terms and conditions, which caused the incident.
Applicability of the liability cap
Passengers / Consumer Commission finding
The commission rejected the Rs 350 per kg (max Rs 20,000) limit because the baggage-policy rules were never clearly informed to passengers.
Airline's defence
The airline said its liability is limited under the baggage rules and noted that the passengers had not filed a property irregularity report at Raipur airport.
Key facts
- Compensation ordered
- Rs 70,000 total (Rs 50,000 lost baggage + Rs 15,000 mental agony + Rs 5,000 legal expenses)
- Airline
- IndiGo (referred to as a private airline)
- Incident date
- January 26, 2019
- Route
- Bengaluru to Raipur
- Order date
- July 28, with payment due within 45 days
- Forum
- Raipur District Consumer Disputes Redressal Commission, Chhattisgarh
- Airline's claimed liability cap
- Rs 350 per kg, maximum Rs 20,000 (rejected by the commission)
Quotes
Commission chair Dakeshwar Prasad Sharma
Chairman of Raipur District Consumer Disputes Redressal Commission
“The mere statement by the opposite parties (airline) that the complainants’ belongings could not be found even after searching is not sufficient. If (they) issued a tag number for any baggage, they should have complete information regarding the status of that baggage, because the opposite parties bear complete responsibility for the baggage issued under the said tag”
indianexpress.com
Sources
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