The incident occurred when Kothari and his family were traveling from Nagpur to Goa with a stopover in Mumbai. Upon reaching their destination, they discovered that one of their bags was missing, and despite assurances from Air India, the bag could not be located
The Supreme Court has upheld the decision of the National Consumer Dispute Redressal Commission (NCDRC) ordering Air India to pay a compensation of Rs2.03 lakh ($2472 approx) to a passenger, Tushar Kothari, who lost his luggage during a flight. The court dismissed Air India’s appeal against the NCDRC’s order.
The incident occurred when Kothari and his family were traveling from Nagpur to Goa with a stopover in Mumbai. Upon reaching their destination, they discovered that one of their bags was missing, and despite assurances from Air India, the bag could not be located.
The airline offered a compensation of Rs 3,600 ($43.85) based on the weight of the missing bag, but Kothari was not satisfied and approached the district forum alleging deficiency in service.
The district and state commissions ruled in favor of Kothari, directing Air India to compensate him for the lost bag. The Complainant provided bills worth Rs2.03 lakh for the items purchased for a wedding that were stored in the missing bag.
Air India argued that Kothari should have declared the value of the articles in the misplaced bag as per the provisions of Citizens Charter/Contract of Carriage Rule 1972 on Domestic Travel & Bureau of Civil Aviation Security.
However, the district forum found the airline liable for deficiency in service, leading to the subsequent affirmation of the decision by the state forum and the NCDRC.
The case highlights the importance of airlines taking responsibility for passengers’ baggage and providing fair compensation in cases of loss or mishandling
In an earlier appeal filed by Air India, the NCDRC had ordered the airline to deposit 50% of the compensation amount, and since the carrier had complied, the court directed the payment of the remaining balance to Kothari.
Despite these legal proceedings, Air India’s appeal to the Supreme Court was dismissed, and the court refused to interfere with the NCDRC’s order, effectively upholding the compensation of Rs2.03 lakh to Kothari.
In conclusion, the Supreme Court has affirmed the NCDRC’s decision, ordering Air India to compensate the passenger for the lost luggage. This case highlights the importance of airlines taking responsibility for passengers’ baggage and providing fair compensation in cases of loss or mishandling.
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