Chennai: The District Consumer Disputes Redressal Forum, Chennai (North) has directed Sri Lankan Airways to pay compensation to a passenger, who had travelled in the airlines from Chennai to Rome in 2011, for delivering his baggage after four days.
In the petition, Bijoy Saima of Anna Nagar submitted that he travelled from Chennai to Rome in a flight operated by Sri Lankan Airlines on November 15, 2011. He reached Rome at 3 pm on November 16, 2011 with a delay of an hour. On reaching Rome airport, he found his baggage was missing and he informed the airline staff. Next day, he sent an e mail to the airlines. The Flight Care division replied assuring he would get his luggage on November 18, 2011.
However, he could collect the baggage only on November 20, 2011 evening. After reaching home, he checked the contents of the suitcase and noticed his camera had been stolen. He lodged a complaint with the Commissioner of Police, Chennai and IGP at Colombo and the Airport Police, Florence, Italy. As per Regulation, he sought a claim from the airlines and sent the representation through fax and e-mail on November 29, 2011. He said the airlines offered him $70.
He stated that act of the airlines amounted to deficiency in service. He was entitled for compensation for delay in delivery of the baggage and pilferage of his camera. In its reply, the Sri Lankan Airlines submitted that his baggage was collected and handed over to him on November 20, 2011.
As per Article 8.3.4 of Sri Lankan Airlines Conditions of Carriage of Passengers and Baggage, passengers were advised not to include valuables such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, in their baggage without knowledge of the carrier. Since the baggage was handed over to him, he was not entitled for any compensation, even if at all entitled the liability of the airlines it would be restricted to 1000 Special drawing rights (SDR- international monetary reserve currency) in terms of Indian Rupees and nothing more. Hence, the airlines sought dismissal of the complaint.
The bench comprising its president, K. Jayabalan and member T. Kalaiyarasi, said that he ought not to have packed the camera in the baggage. He had not checked his belongings at the airport. The airline was not liable for the loss of camera of the petitioner if any.
Admittedly his baggage was delivered to him with a delay of 4 days. He was entitled for compensation for the delay in delivery of the baggage for 1,000 SDRs equivalent to the Indian Rupees and cost of Rs 5,000, the bench said.
