&w=3840&q=100)
Consumer panel directs Flynas Airlines to pay ₹1.25 lakh for lost baggage
A consumer commission here has directed Flynas Airlines, a Saudi Arabian low-cost carrier, to pay a compensation of more than ₹1.25 lakh to a passenger for the loss of her baggage.
There was a "mala fide negligence" and the airlines "purposely avoided all the logical actions to find the lost bag," the District Consumer Disputes Redressal Commission, Mumbai (Suburban) said in a recent order.
The complainant, along with her family, had gone on a trip to Turkiye from Mumbai between December 23, 2023 and January 3, 2024.
Their return flight to the city was booked from Istanbul with a connecting flight from Riyadh.
The complainant stated that at the Istanbul airport, she handed over five bags for check-in.
The airline staff mistakenly tagged only four bags, and the fifth bag went on to the conveyor belt without a tag, she claimed.
The mistake was brought to the notice of the staff present at the ticket and baggage counter.
The complainant was given a physical tag by the staff with an assurance that they will receive all bags at the arrival destination. However, she received only four bags at Mumbai airport.
The complainant made multiple communications through personal meetings, emails, WhatsApp chats and written complaints to locate the lost bag, but got an "unsatisfactory response" from the airlines.
Left with no alternative, she approached the commission for the resolution against deficient service and unfair trade practice by the airlines.
The opposite party remained absent during the hearing, hence the complaint proceeded ex-parte.
The commission, after perusal of all the facts related to the incident, held "there was a mala fide negligence by the Flynas Airlines 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 and its actions were not satisfactory in the said incident," it stated.
The commission pointed out that the airline could have checked the CCTV footage to confirm the incident and could have brought more factual reports on record.
"However, we do not find any genuine efforts taken by the opposite party to confirm the incidence to trace the lost bag," it said.
The airline "purposely avoided all the logical actions to find the lost bag," the commission said.
There are set rules for baggage loss compensation as per the Montreal Convention (1999), which is an international treaty which governs airline liability for passengers and their baggage on international flights.
The commission stated the aggrieved passenger has followed the directions related to filing a complaint.
"However, we have not seen any record which indicates that the airlines has observed the conditions laid down in the Montreal Convention," it added.
The commission underlined that the airline had an opportunity to submit its defence in the present complaint which it did not avail.
"The opposite party remained absent in the whole proceedings of the case even though they have full knowledge of filing of the present complaint by the complainant," it said.
"Hence, we have no doubt in our mind about the negligent act of the opposite party/Flynas Airlines. The allegations of the complainant about loss of luggage by Flynas Airlines are genuine," the commission said.
The complainant is entitled to claim the cost of goods due to the loss of luggage along with compensation, it said.
The commission directed the Flynas Airlines to pay Rs 1.25 lakh to the complainant for the baggage loss with six per cent interest rate from January 15, 2025, till its realisation.
The carrier was also asked to pay Rs 10,000 towards compensation for mental agony.
(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Indian Express
2 days ago
- New Indian Express
Consumer Disputes Redressal Commission orders compensation against Sangeetha Mobiles
SIVAMOGGA: The District Consumer Disputes Redressal Commission here has directed Sangeetha Mobiles Pvt Ltd to compensate a customer over service deficiency related to mobile phone insurance. The complainant, Sandesh Kumar of Aisur in Shikaripura taluk, had purchased a mobile phone worth Rs 84,000 in October 2022 and took an insurance plan costing Rs 7,999. When the phone developed issues in September 2023, he approached the Sangeetha Mobiles outlet in Shivamogga. Despite submitting his insurance card, he was asked to pay Rs 52,000 extra to receive a new phone. Kumar then filed a complaint through his advocate against the managers of Sangeetha Mobiles in Shivamogga and Bengaluru. The commission issued notices to the company, which denied any deficiency in service and sought dismissal of the complaint. After examining the evidence and hearing both parties, the commission held that the company failed to honour the insurance terms by not repairing or replacing the damaged handset.
Time of India
2 days ago
- Time of India
Builder scraps commercial complex in Ghaziabad, told to repay buyer Rs 6.5L booking fee
Ghaziabad: District Consumer Disputes Redressal Commission (DCDRC) has directed a real estate developer to pay Rs 6.5 lakh to a buyer who booked a shop in a commercial complex being developed by the firm in 2014 but later cancelled it when the project was scrapped. Airwil Developers Private Limited, a private builder, had proposed a commercial complex, Airwil Wow, in Mohan Nagar and had collected advance payments from buyers for shops. Complainant Suchitra Mahant, a Sahibabad resident, had purchased a shop in the complex and paid around Rs 13 lakh as booking amount on Feb 27, 2015. The total cost of the property was Rs 23.2 lakh. A complaint submitted before the consumer disputes redressal commission by Mahant stated that the project was subsequently scrapped by the builder. "They offered an alternative shop in other projects, but I preferred to withdraw and sought a full refund of the advance paid to the company," Mahant said, adding that she furnished all the original documents as demanded by the company to initiate the refund. The complainant told the forum that the developer returned Rs 6 lakh through various channels. It then issued two cheques of Rs 3.25 lakh each on Dec 5 and 20, 2015. "But both the cheques bounced. So, I served a demand notice to the developer, through my advocate, on Jan 25, 2017, but neither the money was refunded, nor did the firm respond to the demand notice," she told the forum. Mahant subsequently filed a petition in the consumer forum in April 2017. Airwil Developers contested the petition on two grounds. They argued that the DCDRC's jurisdiction was limited to cases involving goods or services valued up to Rs 20 lakh, whereas the shop's price was Rs 26.3 lakh. They also claimed the petition was time-barred as the deal had commenced in 2014 and the petition was moved in 2017. The DCDRC bench, comprising president Praveen Kumar Jain and members Shailja Sachan and RP Singh, noted the dispute centred on the non-refund of Rs 13 lakh advance payment and not the shop's total value, thus it fell within the forum's jurisdiction. They also noted that the two cheques that had bounced were issued in Dec 2015, and the complaint was filed in April 2017, which was within a two-year limitation period. In their order, dated May 24, the forum observed that "by not giving possession of the shop and failing to return the advance amount, the developers are guilty of deficiency in service". The forum directed Airwil developers to return the remaining advance amount of Rs 6,51,326 to the complainant with a simple annual interest calculated on the amount at a rate of 8% from the date when the application was filed to the date of final payment, which should be within 45 days of the order. The commission has also asked the realtor to pay Rs 5,000 as litigation costs and for mental agony caused to the customer.
News18
4 days ago
- News18
Consumer Panel Slaps Rs 1.25 Lakh Fine On Saudi Airline For Lost Baggage
Last Updated: A consumer commission has directed Flynas Airlines, a Saudi Arabian low-cost carrier, to pay a compensation of more than Rs 1.25 lakh to a passenger for the loss of her baggage. A consumer disputes redressal commission has directed Flynas Airlines, a Saudi Arabian low-cost carrier, to pay a compensation of Rs 1.25 lakh to a passenger for the loss of her baggage. The commission also directed that the customer be paid Rs 10,000 towards compensation for mental agony. What's The Case? The incident dates back to January 2024 when the complainant, along with her family, had gone on a trip to Turkey from Mumbai between December 23, 2023 and January 3, 2024. Their return flight to the city was booked from Istanbul with a connecting flight from Riyadh. The complainant said that at the Istanbul airport, she handed over five bags for check-in, 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. However, when they reached Mumbai, the complainant received only four bags at the airport. The complainant approached the airline, but the bag was not located. The complainant made multiple communications through personal meetings, emails, WhatsApp chats and written complaints to locate the lost bag, but got an 'unsatisfactory response" from the airlines. Ultimately, the complainant approached the consumer commission for the resolution against deficient service and unfair trade practice by the airlines. There was a "mala fide negligence" and the airlines "purposely avoided all the logical actions to find the lost bag," the District Consumer Disputes Redressal Commission, Mumbai (Suburban) said in a recent order. The opposite party remained absent during the hearing, hence the complaint proceeded ex-parte. What The Consumer Panel Said? The commission, after perusal of all the facts related to the incident, held 'there was a mala fide negligence by the Flynas Airlines 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. The commission pointed out that the airline could have checked the CCTV footage to confirm the incident and could have brought more factual reports on record. 'However, we do not find any genuine efforts taken by the opposite party to confirm the incidence to trace the lost bag," it said. The airline 'purposely avoided all the logical actions to find the lost bag," the commission added. 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. 'The opposite party remained absent in the whole proceedings of the case even though they have full knowledge of filing of the present complaint by the complainant," it said. 'Hence, we have no doubt in our mind about the negligent act of the opposite party/Flynas Airlines. The allegations of the complainant about loss of luggage by Flynas Airlines are genuine," the commission said. The complainant is entitled to claim the cost of goods due to the loss of luggage along with compensation, it said. The commission directed the Flynas Airlines to pay Rs 1.25 lakh to the complainant for the baggage loss with six per cent interest rate from January 15, 2025, till its realisation. (With inputs from PTI)
