Consumer panel orders Saudi-based airline to pay Rs 1.25 lakh to passenger for lost baggage
A consumer disputes redressal commission has directed an airline to pay Rs 1.25 lakh with interest for the loss of a passenger's bag. The commission also directed that the customer be paid Rs 10,000 towards compensation for mental agony. The order was passed ex partre as Flynas, a Saudi-based low-cost airline, did not send any representative during the hearing of the complaint.
The incident dates back to January 2024 when the complainant was travelling back to Mumbai from Turkey. In Istanbul, the complainant handed over five bags to Flynas, but only four of them had baggage tags attached.
When the complainant pointed it out, she was given a physical tag for the fifth bag with the assurance that it would be sent to the destination along with the other bags. Once they reached Mumbai, however, the fifth bag was not found. The complainant approached the airline, but the bag was not located. After unsatisfactory responses from the airline, the complainant approached the consumer commission, she told the panel.
'After going through all the facts, we observe that there was a mala fide negligence by the Flynas Airline supporting staff as well as officials who were in communication with the complainant. The opposite party didn't give any conclusive reply to the complaint raised by the complainant. The actions of the opposite party were not satisfactory in the said incidence,' the commission said in its order in April.
'The opposite party could have checked the CCTV footage to confirm the incidence and could have brought more factual report on record. However, we do not find any genuine efforts taken by the opposite party to confirm the incidence to trace the lost bag. The opposite party purposely avoided all the logical actions to find the lost bag,' it said in the detailed order made available recently.
The commission further stated that there are standardised rules on compensation in baggage loss claims, namely the Montreal Convention of 1999, applicable only to international flights between countries that have ratified the convention.
The commission stated that while the complainant had followed the rules in filing the complaint, the airline remained absent during the proceedings, despite being aware of them.
'Hence, we have no doubt in our mind about the negligent act of the opposite party/Flynas Airlines. The allegations of the complainant about the loss of luggage by Flynas Airlines are genuine. Hence, the complainant is entitled to claim the cost of goods due to the loss of luggage along with compensation,' the commission said.
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