Saudi plane service asked to pay passenger Rs 1.25 lakh for baggage loss

Mumbai: A consumer commission here 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.

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 complainant, along with her family, had gone on a trip to Turkiye 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 stated that at the Istanbul airport, she handed over five bags for check-in.

The airline staff mistakenly tagged only four bags, and the fifth bag went on to the conveyor belt without a tag, she claimed.

The mistake was brought to the notice of the staff present at the ticket and baggage counter.

The complainant was given a physical tag by the staff with an assurance that they will receive all bags at the arrival destination. However, she received only four bags at Mumbai airport.

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.

Left with no alternative, she approached the commission for the resolution against deficient service and unfair trade practice by the airlines.

The opposite party remained absent during the hearing, hence the complaint proceeded ex-parte.

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 and its actions were not satisfactory in the said incident," it stated.

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 said.

There are set rules for baggage loss compensation as per the Montreal Convention (1999), which is an international treaty which governs airline liability for passengers and their baggage on international flights.

The commission stated the aggrieved passenger has followed the directions related to filing a complaint.

"However, we have not seen any record which indicates that the airlines has observed the conditions laid down in the Montreal Convention," it added.

The commission underlined that the airline had an opportunity to submit its defence in the present complaint which it did not avail.

"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.

The carrier was also asked to pay Rs 10,000 towards compensation for mental agony.