Latest news with #MontrealConventionof1999
News18
3 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)
Indian Express
3 days ago
- Indian Express
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.
Yahoo
12-03-2025
- General
- Yahoo
WA couple sues Delta, Japan Airlines following injuries from minor ground collision at SEA Airport
A Washington couple is the first to file a lawsuit against Delta Airlines and Japan Airlines after the two planes had a minor collision while taxiing at the Seattle-Tacoma International Airport in early February. On Feb. 5 around 10:15 a.m., a Japan Airlines (JAL) aircraft hit the tail of a parked Delta plane. The incident occurred on the ramp between the S Concourse and the south airport maintenance hangar. 'While in sequence for deicing, the tail of a Delta 737 aircraft reportedly made contact with a wing tip of another airline's aircraft. There are no reports of injuries for crew or customers on the flight, and we apologize for the experience and delay in travels,' Delta said in a statement to KIRO 7 in February. The Delta flight was heading to Puerto Vallarta and the JAL flight had just landed from Toyko. There were 142 passengers onboard at the time. 'These little ground collisions are not common,' aviation industry expert Scott Hamilton told KIRO 7 in February. 'But they're not unknown and usually no one is hurt.' An American Airlines flight clipped a United flight while taxiing in Chicago in January. 'A parked plane may be parked where it should not be, or it could be that the airplane taxiing is a little off the center line,' said Hamilton on these instances. 'There are a couple of different reasons for it, but obviously, somebody was out of position.' You can watch the incident below. While no injuries were initially reported, Hermann Law Group, representing two of the passengers on the Delta flight, said the couple's injuries got worse in the following days after the collision. The lawsuit did not specify their injuries, just that they were injured. The complaint alleges that the Washington couple and their two young daughters were injured in the incident. 'Considering that the JAL aircraft, fully loaded with passengers, luggage, other cargo, and remaining fuel had to weigh in excess of 150 tons, coupled with the fact that it struck the Delta aircraft sideways producing a twisting impact on the passengers, it is no wonder that many of the passengers suffered serious spinal sprains and strains,' said attorney Lara Hermann. Hermann also points out that the woman was holding her 6-month-old baby and tending to her other child when her plane was struck. Because the family was on an international flight to Mexico, Hermann said the collision is legally governed by the Montreal Convention of 1999, which states: 'According to the terms of that treaty, each passenger is entitled, without proof of fault, to as much as about $200,000. Plaintiffs need only establish that they were passengers on the Delta plane and prove the nature and extent of their injuries. The Montreal treaty also unusually provides that for injures in excess of the $200,000 limit, it is Delta that must prove that it was not at fault in the accident, that it was entirely JAL's fault or the fault of some other third party such as ground crews or even the Air Traffic Control.' The complaint alleges their claims to be in excess of $75,000, according to the suit. 'The issue of safety failure is the same whether passengers' injuries are fatal or non-fatal. The recent surge in incidents and close calls is extremely troubling. It shouldn't feel like this every time someone gets on a plane,' Hermann said. Both airlines are being sued for: Treaty liability Common carrier negligence (Delta) Negligence (JAL) Gross negligence (both airlines) Negligent infliction of emotional distress (both) The law firm is seeking a trial by jury on behalf of their clients. KIRO 7 has reached out to both Delta Airlines and Japan Airlines for comment and has yet to hear back.
Yahoo
12-03-2025
- Yahoo
Delta, Japan Airlines sued over Sea-Tac Airport plane tail crash
The Brief Delta and Japan Airlines are being sued over a collision that happened on the tarmac of Seattle-Tacoma International Airport in February. The lawsuit claims some passengers suffered serious spinal sprains and strains after the plane wings clipped. SEATTLE - Delta and Japan Airlines are being sued by a Seattle-based law group over a collision that happened on the tarmac of Seattle-Tacoma International Airport last month. The wing of a taxiing Japan Airlines plane clipped the tail of a parked Delta Air Lines plane on February 6. Initially, no injuries were reported, but according to Herrmann Law Group, some passengers suffered serious spinal sprains and strains. What they're saying Attorney Lara Herrmann, who is representing a family in the lawsuit, said the collision produced a "twisting impact on the passengers," causing injuries that "typically manifest a day or two after an incident." "Given the recent spate of horrible air crashes, their experience was emotionally terrifying as well," Lara Herrmann stated. The lawsuit states that the Delta aircraft, a Boeing 737 operating from Seattle to Puerto Vallarta, was stationary as it awaited deicing. Passengers on the Delta flight were moved to a different aircraft following the crash. The family being represented, a couple and their two daughters, were on board the Delta flight. Attorney Herrmann claims the collision is legally governed by the Montreal Convention of 1999, which means each passenger is entitled to as much as or about $200,000. The complaint claims Delta is at fault for having its aircraft tail protruding into the pathway of another taxiing aircraft, and Japan Airlines is at fault for not maintaining a safe distance from the Delta plane. The lawsuit is seeking $200,000 for causing injuries, emotional distress, and negligence. It claims that otherwise, Delta must prove the collision was entirely the fault of Japan Airlines, or some other third party, such as ground crews or air traffic control. "The issue of safety failure is the same whether passengers' injuries are fatal or non-fatal. The recent surge in incidents and close calls is extremely troubling. It shouldn't feel like this every time someone gets on a plane," Herrmann stated. FOX 13 Seattle has reached out to Delta and Japan Airlines for a statement regarding the lawsuit. The Source Information in this story is from a press release and filed complaint from Herrmann Law Group and FOX 13 Seattle reporting. Fire destroys, damages multiple Cybertrucks in Seattle lot Family wants justice years after Graham, WA man's death Bryan Kohberger defense ramps up legal maneuvers in bid to keep Idaho murders suspect off death row Major TSA change to shorten airport security wait times, DHS says: What to know Seattle Seahawks trade DK Metcalf to Pittsburgh Steelers To get the best local news, weather and sports in Seattle for free, sign up for the daily FOX Seattle Newsletter. Download the free FOX LOCAL app for mobile in the Apple App Store or Google Play Store for live Seattle news, top stories, weather updates and more local and national coverage, plus 24/7 streaming coverage from across the nation.
