The Delhi State Consumer Disputes Redressal Commission has upheld a decision holding SpiceJet liable for failing to safely deliver a passenger’s checked-in baggage. The complainant, Kapil Singh Pal, had booked an international flight from Kathmandu to New Delhi in 2013 and checked in his baggage, which contained valuables such as jewelry, sarees, and suits. However, when he arrived at the airport, his baggage was nowhere to be found.
The complainant reported the incident to the airline’s customer care representative and was issued a baggage irregularity report. Despite repeated follow-ups, the airline failed to locate the baggage and eventually declared it lost, offering a meager compensation of Rs. 3000. The complainant then filed a complaint with the Delhi district commission, which ruled in his favor, awarding him Rs. 1,50,000 for mental harassment and agony, and Rs. 50,000 as litigation costs.
The airline appealed the decision, arguing that the terms and conditions on the e-ticket stated that passengers should not carry valuables in their checked-in baggage. However, the commission observed that this condition was not prominently printed on the e-ticket or displayed at the baggage counter, and therefore, the airline could not benefit from it. The commission also noted that the airline had failed in its fundamental duty to deliver the checked-in baggage safely, which constituted a deficiency in service.
The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal and Pinki, Judicial Member, dismissed the airline’s appeal, upholding the district commission’s order. The commission observed that the airline had failed to provide any explanation for the missing baggage and had not taken due care and precaution while handling the complainant’s luggage.
The decision is significant, as it highlights the responsibility of airlines to ensure the safe delivery of passengers’ checked-in baggage. The commission’s ruling also emphasizes the importance of transparency and fairness in contractual relationships between airlines and passengers. By upholding the district commission’s order, the Delhi State Consumer Disputes Redressal Commission has sent a strong message to airlines to take their obligations seriously and provide adequate compensation to passengers in cases of negligence or deficiency in service.