Consumer court asks SpiceJet to pay 48k to passenger who lost baggage in flight

Bengaluru, Mar 11: SpiceJet has been directed by a consumer court to pay Rs 47,800 to a passenger who lost his baggage while travelling from Bengaluru to Delhi recently. 

The passenger, Sanjeev Kumar Mishra, stated in the complaint that his luggage was found missing on arrival in Delhi after he flew on January 21, 2019. While receiving his complaint, the authorities said they would find and return his luggage in 48 hours. But Mishra got a call 15 days later stating that his luggage was untraceable.

He was offered Rs 2,800 as compensation –which was Rs 200 per kilo and his baggage weight being calculated as 14 kilos. Mishra refused the compensation saying the cost of the baggage alone was Rs 3,500.

With the baggage, Mishra claimed to have lost clothes, slippers, screw tightening tools, medicines, shaving set, medical documents, Aadhar card, Voter’s ID card, educational and professional documents, mobile charge of Rs 47,500, cash of Rs 27,500.

He also said he could not pay his children’s school fees due to the loss of the baggage and was unable to make bank transactions (as his PAN card was missing). Mishra sought compensation of Rs 78,450.

Defending against the complaint, SpiceJet pointed to the safety and security conditions which stipulate that passengers are not supposed to keep valuables like cameras, jeweler, money, electronic, perishable items and medication in the check-in baggage and do so at their own risk and the airline cannot be held responsible for pilferage and damage to such valuables.

The airline further argued that the passenger was negligent and careless in keeping the valuables in the check-in baggage. It said there was no proof regarding the content of the baggage and said it could have been stolen by thieves, miscreants or fellow passengers.

The Bangalore I Additional District Consumer Disputes Redressal Forum headed by its president H R Srinivas and member D Suresh passed an order on February 15 directing Spice jet to pay Rs 2,800, Rs 35,000 towards mental agony and Rs 10,000 towards litigation charges.

It also said if the money is not paid within 30 days, an interest of 12% per annum should be paid from the date of the order.