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Time of India
4 days ago
- Time of India
Air passenger wins Rs 2.74 lakh compensation for loss of personal luggage in check-in bag but only after 6 years legal battle
Academy Empower your mind, elevate your skills How did this case start? August 7, 2019: The passenger embarked on a 41-day world tour and boarded a Air India flight for Paris from Delhi. He stayed in Paris, France for 3 days. The passenger embarked on a 41-day world tour and boarded a Air India flight for Paris from Delhi. He stayed in Paris, France for 3 days. August 10 to 15 of 2019: He travelled to Spain via road and then travelled to Netherlands, Germany, Switzerland, Italy, Vatican City. He travelled to Spain via road and then travelled to Netherlands, Germany, Switzerland, Italy, Vatican City. August 15, 2019: He took a flight from Rome to the United Kingdom (England) and stayed there for 10 days. He took a flight from Rome to the United Kingdom (England) and stayed there for 10 days. August 25, 2019: He took a flight for Toronto, Canada from the United Kingdom. He took a flight for Toronto, Canada from the United Kingdom. September 3 to 13 of 2019: He went to Vancouver from Toronto and then went to the United States of America and then came back to Vancouver. He went to Vancouver from Toronto and then went to the United States of America and then came back to Vancouver. September 13, 2019: His tour ended, and he took a flight back to India from Vancouver airport. His flight operated by China Eastern Airline (MU582) was from Vancouver to Delhi via Shanghai, China. He deposited his bag at the airline's (China Eastern Airline) check-in counter and it was scanned and tagged for Delhi. His tour ended, and he took a flight back to India from Vancouver airport. His flight operated by China Eastern Airline (MU582) was from Vancouver to Delhi via Shanghai, China. He deposited his bag at the airline's (China Eastern Airline) check-in counter and it was scanned and tagged for Delhi. September 14, 2019: He arrived in Shanghai, China and took the connecting flight for Delhi of the same airline. He arrived in Shanghai, China and took the connecting flight for Delhi of the same airline. September 15, 2019: He arrived at Delhi (Indira Gandhi International Airport) and had to wait for more than one and half hour to receive his luggage and on arrival of his luggage, the complainant was shocked to find it badly damaged and wrapped with tape. The damage to the luggage and the disturbance to its contents were not typical of routine handling. What did the District Consumer Commission say? State Consumer Commission finds the airline liable for deficiency of service under Article 10 of the Instruction rules It is true that when the complainant returned to India after successful completion of the journey, he received luggage in damaged condition. Perusal of the photographs of luggage shows that there was some damage in the luggage. It is also not disputed that the complainant (passenger) filled the Property Irregularity Report (PIR). It is also not disputed that luggage was found to be 1.5 kilogram less than the weight measured at Vancouver Airport. Since the weight of the luggage was found to be lesser, it is presumed that some articles were stolen by someone. It is the prime responsibility of the airline to compensate the complainant (passenger). Article 10 of the Instructions relating to liability for carriage by Air depicts that subject to the provisions of paragraphs No.1 and 2 of this articles, the carrier shall indemnify the consigner against all damage suffered by it, or by any other person to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by other means referred to in para No.2 of Article 4. Since the complainant has specifically mentioned the stolen articles in the PIR (Property Irregularity Report), the complainant is entitled for the compensation as prayed for. The learned District Consumer Commission has rightly allowed the complaint of the complainant. The State Consumer Commission finds no reason or ground to interfere with the order of the learned District Consumer Commission. Hence the appeal being devoid of merit stands dismissed. What did the airline's lawyers say? Counsel for the appellant (airline) argued that the complainant (passenger) did not share the bill of the products that were claimed to be damaged. The appellant had started working from home since January 2020 as Covid-19 breakout in China during December 2019 and business in Airlines Industry, especially in China, was affected. The respondent-complainant (passenger) himself signed the PIR and admitted the loss to be of Rs 7,000 and loss of goods worth 2 lakh is malicious and after thought. The learned District Consumer Commission failed to appreciate that the IATA (International Air Transport Association) Montreal Convention rule in pilferage case that the appellant followed IATA rule which says 20 USD per KG was compensated to the passenger. The DGCA rules issued by the Govt. of India were also on the same lines. In this case, 1.5 kg was missing and USD30 should be compensated but the learned District Consumer Commission wrongly awarded Rs.1.75 lakh to the appellant. The complainant is not entitled for the relief as prayed for. What is the significance of this case's judgement for consumers? On September 15, 2019, Kumar, a traveller arriving from Canada to Delhi, got the shock of his life when he spotted his check-in bag on the luggage conveyor belt, all damaged and taped up. After taking a closer look, he realized that several expensive items worth around Rs 2 lakh (USD 3,633) were missing from the bag. He immediately went to the airline 's counter at Delhi airport to file a PIR (Property Irregularity Report). The airline staff looked into it and confirmed that 1.5 kg of luggage was indeed missing from his bag that came from the Canada to Delhi compensation for the missing items in his bag the airline offered him a USD 30 (Rs 2560 as of July 4, 2025, exchange rate) for the missing items. Feeling dissatisfied with such a small compensation amount, he filed a consumer complaint with the District Consumer Commission and later with the Haryana State Consumer Commission. The airline ended up losing the case in both the items missing from his check-in bag included his Armani jacket and pullover, Rado wristwatch, 25-gram gold chain, Chanel perfume and a few other things. The total value of all these personal belongings was claimed to be USD 3633 or about Rs 2 lakh (as of September 2019 exchange rates).The airline calculated the compensation amount based on the IATA (International Air Transport Association) Montreal Convention guidelines for cases of theft. They also referenced DGCA regulations issued by the Government of India which cites a similar compensation formula, leading to the final offer of USD 30 (worth Rs 2560 in 2025) for the loss of items weighing 1.5 Consumer Commission ordered the airline to pay Rs 1.75 lakh with 8% interest starting from when the complaint was filed, plus Rs 15,000 for harassment and legal costs. The Haryana State Consumer Commission upheld this order and said the airline must pay. Additionally, the airline must also deposit Rs 95,000, which the Haryana State Consumer Commission ordered to be given to the passenger as a partial below to find out why this airline passenger won the case in consumer commissions and the legal arguments that led to this to the order of the Haryana State Consumer Commission dated May 20, 2025, this is the timeline of the case:The District Consumer Commission on November 11, 2020 said:'Keeping in view the above discussion, we hereby accept the present complaint and direct the opposite parties to pay a sum Rs.1,75,000 in lump sum to the complainant along with interest @ 8% from the date of lodging of the complaint with the OPs by the complainant till its realization. We also direct the opposite parties to further pay a sum of Rs.15,000 to the complainant as compensation for harassment including litigation expenses.'The State Consumer Commission in its order dated May 20, 2025, said:Judgement: 'Application(s) pending, if any stand disposed of in terms of the aforesaid judgment. The statutory amount of Rs 95,000 was deposited by the appellant (airline) at the time of filing of this appeal. This amount is now ordered to be reimbursed to the complainant -- Kumar against proper receipt, identification and verification as per rules and registry of this Commission is accordingly directed.'According to the order of the State Consumer Commission, here's what the airline's lawyers said:ET Wealth Online has asked various lawyers about the significance of this judgement for air travellers, here's what they said:By allowing the claim of the complainant and providing relief beyond the pecuniary loss suffered, the court has established the applicability of consumer law to foreign service providers operating in Indian territory. It acts as a precedent that airlines must show care when handling and transporting passengers' baggage, and that negligence in this regard would constitute a deficiency in service and so be punishable under consumer law. As it even accepted the Property Irregularity Report (PIR) and photographic evidence, it lends weight to their credibility in travel-related difficulties. The court even widened the ground of remedy from pecuniary loss to just compensation to consumers for mental anguish and inconvenience caused by deficiency of significance of this judgement is:a) Affirms consumer rights against powerful service providers: The ruling reiterates that even large international airlines can be held accountable in Indian consumer forums for deficiencies in service such as damage or theft during transit.b) While airlines often invoke international conventions like the Montreal Convention to limit their liability (e.g., compensating only $20/kg of lost baggage), the Commission recognized actual losses supported by evidence like the PIR, photos, and witness statements. It shows courts may depart from standard limits if consumer harassment and deficiency are clearly established.c) The acceptance of the PIR and photographs as valid evidence for establishing the damage and loss strengthens the position of consumers who may not always have purchase bills or full documentation.d) The airline was proceeded ex parte initially for non-appearance, and this contributed to the court favoring the complainant. This underlines that companies ignoring proceedings may risk adverse orders.e) Despite the incident occurring abroad, the consumer could successfully seek justice in a local Indian consumer court, an empowering message for Indian judgment marks a stern reiteration that foreign carriers operating within the territory of India cannot insulate themselves from liability by invoking the limitations of international conventions such as the Montreal Convention or the IATA guidelines, especially where tangible evidence of negligence and deficiency in service is awarding compensation substantially higher than the standardized compensation metrics of USD 20 per kilogram of lost baggage, the Commission has laid down a salutary precedent: that where the loss is duly documented, substantiated by a Property Irregularity Report (PIR), and corroborated by photographic evidence of damage and discrepancy in weight, the consumer is entitled to fair, just, and adequate restitution, not merely token redress. Of particular note is the Commission's observation that the absence of original purchase invoices cannot be used as a shield to deny rightful compensation, especially where the loss pertains to personal belongings inherently carried during international by granting a separate sum for harassment and litigation expenses, the Commission has highlighted the principle that emotional distress and mental agony, when occasioned by the indifference or failure of service providers, are actionable wrongs within the consumer jurisprudence Commission upheld the consumer's right to adequate compensation for mishandled luggage and loss of valuables during international air travel, beyond the minimal standards set by international conventions (like the Montreal Convention and IATA rules).China Eastern Airlines had argued that the complainant did not submit bills for the lost the commission emphasized the evidentiary value of the Property Irregularity Report (PIR), signed by both parties, and photographic evidence, making it clear that documentary purchase proof is not always essential if prima facie evidence of loss the airline relied on Montreal Convention rules (20 USD per kg) and DGCA norms, the Commission clarified that these do not override a consumer's right to seek full redress under Indian law if there's proven negligence or deficiency in ruling sends a strong message to airlines to, handle passenger baggage responsibly, set up efficient grievance redressal mechanisms, and acknowledge consumer rights beyond technical formalities or international caps.
Daily Record
17-06-2025
- Daily Record
easyJet and Ryanair passengers could see cash land in bank accounts
If you've flown with TUI, easyJet, Ryanair, and Jet2 you may be entitled to money under certain circumstances Passengers who have flown with carriers such as easyJet, and Ryanair may be entitled to claim up to approximately £1,300 in compensation, due to rules that came into force back in 2003. The Montreal Convention holds airlines responsible for damage to health, flight delays, cancellations, and luggage issues. As a result, passengers can claim for a number of disruptions experienced during air travel. In particular, lost luggage could lead to notable compensation claims. For example, easyJet's website explains: "If we lose or damage your hold luggage and you report this to us at the arrival airport, we may be liable for the loss or damage. "Our liability is limited to the financial limit set out in the Montreal Convention, which is 1288 'Special Drawing Rights' (approximately £1,325). In similar fashion, other airlines like Ryanair, TUI and Jet2 also adhere to this convention, offering passengers the chance to seek compensation up to an estimated £1,325. Ryanair's terms state that any damaged luggage must be highlighted at the destination airport with Ryanair being notified within seven days. For lost bags, passengers should inform airline staff upon arrival and follow up with a formal claim within 21 days. According to TUI's official website: "The air carrier is liable for destruction, loss or damage to baggage up to 1,288 SDRs (approximately £1,325)." TUI outlines that for checked luggage, the airline bears liability even without proving fault unless the baggage was defective to start with. In contrast, for carry-on items, the airline is only liable if at fault. If belongings are lost or damaged, complaints must be made to TUI within seven days. TUI adds: "You can increase this limit to £2,500 only if you make a special declaration when checking in your luggage and pay a fee of £37." And Jet2's website explains: "If you experience any loss, damage, or delay to your baggage you must tell our team straight away. Please make sure that you complete a Property Irregularity Report (PIR) before leaving the airport, as without this document our Customer Services team may not be able to process your claim.
NDTV
25-05-2025
- NDTV
Here's What To Actually Do When Your Luggage Is Lost, Delayed, Or Damaged
There's nothing quite like the sinking feeling of watching the baggage carousel spin-without your suitcase. Whether your luggage is delayed, damaged, lost, or stolen, it can throw your entire trip off balance. It's frustrating, stressful, and can turn a dream holiday into a logistical nightmare. But before you spiral, take a breath. Knowing what to do next can make all the difference. With the right steps, you can minimise the hassle, claim what you're owed, and get back to enjoying your travels. Here's a straightforward, no-nonsense guide to handling lost luggage like a seasoned traveller — without losing your mind. Here Are 5 Essential Tips On What To Do When Your Luggage Is Lost: 1. First Things First, Don't Leave The airport It sounds obvious, but many people leave the baggage claim area thinking their bags might turn up later. Don't. If your luggage hasn't arrived, head straight to the airline's baggage service desk. This is usually near the baggage claim area. You'll need to fill out a Property Irregularity Report (PIR). This is the formal document airlines use to track missing bags. Without it, your chances of getting compensation or updates are slim to none. Tip: Have a photo of your bag ready on your phone. It'll make it easier for staff to identify it, especially if you have a black Samsonite that looks like every other black Samsonite. 2. Know Your Rights (And Use Them) At many destinations, airlines are legally responsible for your checked luggage. That means they owe you compensation for delays, loss or damage. But be warned: Every airline handles claims differently, so read the fine print on their website. For delayed bags, most airlines will reimburse you for "reasonable expenses"-think toiletries, underwear, and basic clothing. Save your receipts and don't go wild. They probably won't cover the expensive trainers you impulsively bought at the airport boutique. If your bag is officially declared lost — usually after 21 days — you can file a claim for compensation. Be prepared to provide receipts or itemised lists. Some airlines offer flat compensation; others ask for proof of every sock. 3. Stolen Bags? Call Airport Security If you suspect your luggage was stolen (it's not showing up in the system, and no one can account for it), report it to airport security immediately. Then file a police report. You'll need this for any insurance claims, and it helps create a record in case the thief tries to use your ID or bank cards. Tip: Call your bank right away to freeze any cards that were in your luggage. Yes, it's a massive hassle, but better than a random charge from a petrol station in Portugal. 4. Damaged Luggage? Snap Those Photos If your suitcase arrives looking like it lost a fight with a tractor, document everything. Take clear photos of the damage before leaving the airport. Then head to the airline's baggage desk to report the issue. You'll usually need to submit a damage claim within seven days. Some airlines will repair your bag, others will offer a replacement or compensation. Again — keep all paperwork, photos, and receipts. Pro tip: If your suitcase is beyond repair, check the warranty with the manufacturer. Brands like Samsonite and Away often offer multi-year guarantees. 5. Know What Your Travel Insurance Covers Travel insurance can save the day — but only if you read the policy properly. Most plans cover lost, stolen or damaged luggage, but caps vary. Common exclusions include unattended bags and certain valuables (think laptops or jewellery). Make sure your policy has baggage delay coverage, which kicks in if your bag is delayed for more than a set number of hours (usually 12-24). It can reimburse you for emergency purchases while you wait. Keep receipts and log every conversation with the airline. Insurance companies love documentation, and the more you have, the smoother your claim process will be. How To Avoid Luggage Drama Next Time: You can't control the airline, but you can stack the odds in your favour: Use a smart tracker like an Apple AirTag or Tile. Pop one in your suitcase to follow its location in real-time. Label your bag clearly-inside and out-with your contact info. Snap a photo of your packed luggage. It helps with claims and memory jogs. Carry essentials like medications, chargers and a change of clothes in your hand luggage. Pack light if you can. It might sound like boring advice, but carry-on travel makes these disasters 100% easier to deal with-or avoid entirely.
