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Bengaluru: Baggage loss - consumer court orders SpiceJet to pay Rs 48k to passenger


Daijiworld Media Network - Bengaluru (MS)

Bengaluru, Mar 11: SpiceJet Ltd has been ordered to pay compensation of Rs 47,800 to a passenger who lost his baggage while travelling from Bengaluru to Delhi recently.

In the complaint registered by Sanjeev Kumar Mishra, it is said that he flew by SpiceJet flight on January 21, 2019 from Bengaluru to Delhi. On reaching Delhi, he found that his luggage was missing. Mishra duly brought this to the notice of the concerned authorities, who assured him that his luggage would be traced and returned to him within 48 hours. However, the airline called Mishra after 15 days and told that his luggage could not be traced.

The airline offered an compensation of Rs 2,800 to Mishra, calculating Rs 200 per kilo of the weight of the missed baggage, which weighed 14 kilos. The passenger did not accept the compensation and said that the cost of the baggage alone was Rs 3,500. In addition, Mishra claimed that he lost his Voter's ID card, Aadhaar card, medical documents, shaving set, educational and professional documents, clothes, slippers, screw tightening tools, medicines and mobile charger worth Rs 47,500 and cash of Rs 27,500.

Mishra asked the airline to pay him an amount of Rs 78,450 as compensation. He also could not pay the school fees of his children as he could not make any banking transaction after losing his PAN card, which was in the luggage.

SpiceJet, in its defense, said that the passengers are not allowed to keep valuable items like cameras, jewelry, cameras, medication, electronic and other perishable items in the checked-in-baggage. The airline cannot be held responsible for the missing and damage to such valuable items, if the same are kept in the luggage.

The airline pointed out that the negligence was on the part of the passenger who had carelessly kept such valuables in the checked-in baggage. It also argued that there is no proof with the passenger with regards to the content of the lost baggage. Further, the airlines said in its defense that the said items might have stolen by thieves, miscreants or fellow passengers.

SpiceJet was ordered to pay Rs 2800, Rs, 35,000 for the mental agony the passenger has undergone and Rs 10,000 as charges for litigation by the Bengaluru Additional Consumer Disputes Redressal Forum, headed by its president H R Srinivas and member D Suresh.

In the judgement the consumer forum also said that an interest of 12% per annum needs to be paid to the passenger, from the date of passing of the order, if the same is not paid to the concerned passenger within a month.

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Comment on this article

  • xyz, mangalore / dubai

    Tue, Mar 12 2019

    I HAD A SAME EXPERIENCE IN SPICE JET FROM DUBAI TO MUMBAI AS I WAS LOST MY BAGGAGE AND FOR A WEEK THERE WAS NO TRACE OF MA BAGGAGE LATER IT WAS PICKED UP BY SOME OTHER PASSENGER STATING IT WAS BELONG TO THEM BUT GOOD THEY DINT UNWRAPPED MA BAGGAGE AND WAS FINALLY DELIVERED TO MA HOME WITHOUT ANY HESISTANT....

    DisAgree Agree Reply Report Abuse

  • Farook, Mangalore.Qatar

    Mon, Mar 11 2019

    A good lesson for airlines.

    DisAgree Agree [1] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Mar 11 2019

    No more Fekugiri after 2 Months ...

    DisAgree [2] Agree [3] Reply Report Abuse

  • Valson Mendonsa, Mangalore/USA

    Mon, Mar 11 2019

    Very good... Domestic airlines MUST learn some lession from their erroneous mistakes... such things are happens..because of carelessness or lack of work discipline..thatz still common wherever I have seen..
    Argument, EGO....Etc presented in articulate & dignified manner.. though there is no room for that anywhere..

    In my last recent visit to my home town... my Jet airways flight was delayed for 5 hours from Mangalore to Bombay... there was neither a SINGLE ANNOCEMENT about delay nor any word at checkin counter...
    It was looks like... we are still in Baby Learning process...

    One poor passenger had connected flight from Bombay to Saudi.. after 5 hours..but this flight delayed more than 5 hours..that means.. he may loose his visa, Job, Daily Bread and his dependents.livelywood...Isn't that is a big claim? ..More than baggage claim?
    If any valid reason it delayed.. they have to give way out to urgent passenger since there was other flight was ready from other group at next entry..there is way to deal the situation.
    .After all ...Truth is always Truth .. we all agree

    DisAgree Agree [7] Reply Report Abuse

  • AMAR NATHAL, MANGALORE

    Mon, Mar 11 2019

    The airline offered an compensation of Rs 2,800 to Mishra, calculating Rs 200 per kilo of the weight of the missed baggage, which weighed 14 kilos. We are in fools paradise. Bag alone costs and Rs 3,800/= and the airlines offers only for the weight of the baggage. Now i know that Airline officials don't have human brain. A pair of trousers cost 3,000 and shirt 1,000. They don't weigh 1kg. so, the compensation is Rs. 200/= per kg. Shame to SpiceJet. They would have been made to pay 2 lakhs for their stupidity of not agreeing to pay adequate compensation.

    DisAgree Agree [21] Reply Report Abuse

  • Richard, India

    Mon, Mar 11 2019

    Does this mean , a passenger who loses baggage can claim anything as LOST without any evidence ?

    DisAgree [6] Agree [1] Reply Report Abuse

  • Santosh, Manglore.

    Mon, Mar 11 2019

    Yes. passenger can claim... but no one will pay. Remember that airlines will pay as per weight.If you want to to keep more valuable items in checked , then you should go for a insurance. Later you can claim.

    DisAgree [2] Agree Reply Report Abuse

  • Steevan, Brahmavar

    Mon, Mar 11 2019

    I have similar issue from Jet airways while travelling from Dammam to Mangalore. Kindly advice how to file the case with consumer court.

    DisAgree [1] Agree [16] Reply Report Abuse

  • SAMAD, Mangalore

    Mon, Mar 11 2019

    Bagd Cloths matra ittini

    DisAgree [13] Agree [17] Reply Report Abuse

  • John Tauro, M'lore/ Kwt

    Mon, Mar 11 2019

    Normally valuable documents, Id. cards, medicines, jewelry, small electronics, etc. are carried in handbags or briefcase, not in checked-in baggage.

    DisAgree [5] Agree [45] Reply Report Abuse

  • PK, KARKALA

    Mon, Mar 11 2019

    AGREED. BUT HIS JOURNEY IS NOT LONG. SO HE MAY HAVE KEPT ALL HIS BELONGINGS IN LUGGAGE INSTEAD OF CARRYING A HANDBAG.

    DisAgree [5] Agree [32] Reply Report Abuse

  • Santosh, Manglore.

    Mon, Mar 11 2019

    Now a days people are keeping all items in checked luggage even trouser belt , to avoid unnecessary hassle in side the airport during checking in various stages.

    DisAgree Agree [15] Reply Report Abuse

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Title : Bengaluru: Baggage loss - consumer court orders SpiceJet to pay Rs 48k to passenger


 
 
 
 

 
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