Professional & Knowledgable Law Team

Saturday, June 15, 2013

Emirates Airline fined Rs 56,000 for losing baggage


Emirates Airline has been directed by a consumer forum to pay Rs 56,000 to a passenger for loss of one of her bags while she was travelling from London to Delhi via Dubai.

The New Delhi District Consumer Disputes Redressal Forum, while holding the airline liable to pay compensation for the "harassment and inconvenience" caused to the passenger, said according to the law, valuables such as jewellery should not be kept in 'checked-in' luggage.

"The compensation is awarded on grounds of mental agony, harassment, loss, inconvenience and deficiency in service. It is to be noted that law does not permit keeping the valuables like jewellery or cash in the 'checked-in' baggage. We are not inclined to include cash and jewellery in awarding compensation for shock and mental agony due to loss of baggage and consequent harassment," the bench presided by C K Chaturvedi said.

The forum directed Emirates to pay Rs 40,000, including litigation costs, to Chandigarh resident Rajinder Kaur, along with US $280 (Rs 16,000) which the airline had offered her under the Carriage by Air Act on the basis of the weight of the lost bag.

Kaur said she had boarded the Emirates flight from London to Delhi via Dubai and when she had arrived at Dubai, she found that one of her three bags was missing.

She had filed a property irregularity report and despite assurances from the airline that her luggage would be delivered at her residence, Emirates could not locate the bag. In its defence, Emirates had contended that its liability was limited according to the Act and under that law, it had offered Kaur US $280, but she refused.

The forum said the Act does not cover harassment caused to a passenger.

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