Airline told to pay Rs 55,000 for losing bag

Chennai: The state Consumer Disputes Redressal Commission, Chennai has directed a leading international airline to pay Rs 55,000 to a passenger for losing his baggage which contained valuable documents. The bench comprising its presiding Judicial Member, A.K. Annamalai and Member P. Bakiyavathi directed the M/s.Emirates Airlines to pay him US$200 as offered by it for the loss.

The petitioner Ashok Balasubramanian of Ashok Nagar submitted that he was doing his commercial pilot licence course in South Africa in 2008. After completing the course, he returned to India from Johannesburg for a brief vacation on August 3, 2008. He reached Chennai by Emirates Airlines from Johannesburg. At the time of boarding the flight (EK 762) he booked 3 pieces of luggage. From Dubai he came on a connecting flight (EK 544) to Chennai on August 4, 2008.  

On reaching Chennai, he found one piece of luggage was missing, which contained his private pilot licence, pilot log books and other original education certificates. Even after three days, there was response from  the airline. He contacted customer care at Nungambakkam on August 18, 2008. On August 15, he received a letter stating that his complaint had been referred to the tracing office at Dubai.

On August 28, he received a letter and a claim settlement form offering US$200 towards the lost baggage as per the provisions of Carriage by Air Act, 1972. He contended that the lost baggage contained his original private pilot licence and the flight log book without which he cannot pursue further his pilot course. He had spent Rs 7 lakh on the course by then and the entire course would cost upto Rs 60 lakh. Due to the loss of pilot log book and other documents, he was barred from taking a further course and hence his career came to a halt. He sought direction to the airline to pay a compensation of Rs 50 lakh.

In its reply, the airline submitted that one bag was short-landed on arrival at Chennai and steps were taken for tracing it. The contents of the bag were not known to the airline which also denied that he was forced to check it in along with the pilot bag. As per the Carriage by Air Act 1972, US$200 was offered. Stating that it had not committed deficiency in service, the airline sought dismissal of the petition.

The bench said the airline admitted loss of baggage during transit and hence it offered US$200 as per the convention. The bench directed the airlines to pay compensation of Rs 55,000 as well as the US$200.