The Hindu : New Delhi News : Airline to pay for lost baggage

Online edition of India's National Newspaper
Thursday, Sep 16, 2004

New Delhi

New Delhi

Airline to pay for lost baggage

By Mandira Nayar

NEW DELHI, SEPT. 15. During this particular flight, Sahara Airlines certainly lived up to its tagline of "Emotionally Yours". Unfortunately, however, for Damodar Lal Sarraf, those were emotions he certainly did not want to live through again. With his baggage "lost'' by the airline, his journey from Patna to Delhi was an emotional experience, but for all the wrong reasons.

A bench of the consumer disputes redressal forum here has now held the airline liable for deficiency in service in not restoring Mr. Sarraf's two bags. It further directed the airline to pay a sum of Rs. 13,500, compensation for 30 kg weight of two bags at Rs. 450 per kg at 9 per cent interest from the year 2000 till realisation. The airline was also directed to pay an additional Rs. 5,000 as costs.

In his case before the bench, Mr. Sarraf submitted that his baggage along with that of his family was taken off by the airline due to load restrictions. They were given baggage identification tags and accommodated at Delhi's Le Meridien Hotel. After a few hours, the Sarraf family was handed over their bags, but two suitcases were missing.

He further alleged that despite a frantic search and complaints to the Airline, they were unable to locate the bags. He submitted that the airline handed him an undertaking for the procurement of the bags. However, they were never found.

For its part, Sahara Airlines in its reply admitted that 45 pieces of baggage were offloaded by them. On arrival of the flight in Delhi, there was chaos and every passenger whose bag was offloaded was furious, the airline claimed. It further submitted that lists of passengers along with their identification tags were made at the airport. The baggage tag, which was issued, was only for the purpose of identification and these were collected at the arrival hall. The relevant report for missing bags was prepared in favour of each passenger and a copy was given to them.

The Airline also submitted that all the baggage arrived the same day and were delivered to the passengers at their given addresses. Since Mr. Sarraf and his family were making a hue and cry, they were given an undertaking to pacify them. However, the Airline also stated that Mr. Sarraf did not lodge any compliant nor had any correspondence with them informing them of the missing luggage even five months after the event.

After going through all the evidence, a bench of the consumer disputes redressal forum said the airline had admitted having issued an undertaking to Mr. Sarraf and, therefore, if no copy of the relevant report was filed when the baggage did not arrive, it did not prove that there was no loss of baggage.

Therefore, it held that the airline was guilty of deficiency and ordered Sahara to pay Rs. 13,500 as compensation at 9 per cent interest from 2000 till realisation.

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