THIRUVANANTHAPURAM: The State Consumer Disputes Redressal Commission (CDRC) has ordered that Emirates Airlines must compensate a passenger with Rs one lakh for the mental distress and difficulties caused by the loss of his baggage during travel. This compensation is in addition to the payments for the cost of valuables and litigation expenses. This ruling is significant because the Carriage by Air Act of 1972, which governs airline compensation for baggage loss, does not specifically address the mental distress experienced by passengers.
The complainant, a resident of Ernakulam, and his wife travelled from Kochi to Dubai and then took a connecting flight to Lagos in January 2015. Upon reaching Lagos, they discovered that one of their three bags was missing. The complainant reported the loss of valuables worth Rs 91,925 in the Property Irregularity Report (PIR) filed with the airline. However, the airline offered to reimburse only fifty per cent of the amount. Unsatisfied with this offer, the passenger approached the Ernakulam district Consumer Disputes Redressal Commission, seeking a total compensation of Rs 12,91,925, which included Rs 91,925 for the value of the lost items, Rs two lakh for miscellaneous expenses due to deficient service, and Rs 10 lakh for the mental distress and hardships they endured.
The district CDRC rejected the petition, accepting the airline’s argument that the complainant failed to declare the presence of valuables in the baggage as required. The airline also denied the allegation of deficient service. However, the recent order from the state CDRC came in response to an appeal filed by the passenger.
The order, issued by a bench consisting of Commission President Justice K Surendra Mohan and Member Radhakrishnan K R, stated that the complainant was able to establish deficient service on the part of the airline. The carrier did not take sufficient action to locate the missing baggage. The order stated, “Although the respondent had offered to settle half of the claim for the loss of contents of the baggage under the Carriage by Air Act, the appellant is still entitled to compensation under the Consumer Protection Act.
We are of the opinion that the deficiency in service on the part of the respondent has been established.” The commission directed the airline to pay Rs 45,985 with 8 % interest from the date of filing the complaint. Additionally, Rs one lakh was to be paid with 8%t interest as compensation for the mental distress and hardships, and Rs 10,000 as litigation costs.