New Delhi District Commission holds Air India responsible for failure to notify flight cancellation and loss of checked baggage

Brief facts:

The complainant, along with her family and two other families, planned a trip to Munnar, Kochi, Kerala and booked tickets to travel via Air India flight. When they arrived at the airport, they were shocked to discover that their flight had been canceled even though they had already checked in their luggage. Even though it had the details of the passengers, Air India did not inform them of the cancellation. Air India suggested that the complainant return home and take the next day’s flight on January 27, 2012, which disrupted his vacation plans as he had already made and paid for hotel reservations for specific dates.

After much persuasion, Air India agreed to accommodate passengers on different connecting flights and split the groups. The complainant’s family was sent on a flight via Chennai and their luggage was supposed to be transferred directly to the connecting flight to Kochi by Air India staff. However, in Chennai, the connecting flight to Kochi was delayed by two hours and no assistance was provided. The complainant was told that the flight would not go directly to Kochi but would have a stopover in Bangalore, which would further extend the travel time. Moreover, the complainant’s family had to pay for their food at the Chennai airport. Even though Air India was aware of the complainant’s first trimester pregnancy, no special care was provided.

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

The complainant had to buy new clothes and other basic necessities from the local market. She argued that Air India should have taken care of the lost items and provided proper medical and hotel facilities during the delay. Despite constant 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 process of law, filed with the intention of extorting money. She argued that the complainant had not included all the necessary parties in the complaint. It said it operated under the Air Carriage Act 1972 and that the carriage of passengers and baggage was subject to specific terms and conditions, including limited liability for lost baggage. She argued that the complainant failed to declare the value of the baggage contents or pay an additional valuation fee at the time of check-in.

Air India further contended that the complainant did not provide tickets or booking details for the alleged flight. He denied that a flight from Delhi to Kochi was canceled on January 26, 2012. He claimed that the complainant had booked tickets with Air India Express for a flight on December 26, 2011, and not on January 26, 2012, and that he had not named Air India Express. as a party to the complaint.

Observations of the District Commission:

The District Commission noted that Air India claimed that it was not responsible 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 admitted the loss of the complainant’s luggage. This communication included an offer of Rs. 9,000/- as compensation based on a weight loss calculation of Rs. 450/- per kilo for 20 kilos. The District Commission noted that this indicated an implicit admission of liability on the part of Air India.

The District Commission noted the absence of convincing documentary evidence to prove that Air India and Air India Express were separate entities. Therefore, the District Commission held that there was a clear deficiency in the service provided by Air India.

The District Commission held that the complainant had not provided proof of loss of jewelry and other valuables as the same had not been disclosed at the time of lodging the FIR. As such, he considered that he would not be able to grant relief for these elements. She nevertheless considered that it would be unreasonable to assume that the lost luggage was empty. Therefore, he held that the plaintiff should be compensated for the loss of clothing, portable items and luggage.

Therefore, the District Commission directed Air India to pay Rs. 25,000/- to the complainant for the lost baggage and Rs. 25,000/- towards litigation costs. Further, recognizing the mental anguish and harassment caused by the deficient services of Air India, the District Commission directed Air India to pay Rs. 50,000/- as compensation to the complainant.

Case title: Smita Bajaj v Air India and Ors.

File number: CC/485/2013

Date of declaration: May 22^sd2024