Emirates Airline has been directed by a consumer forum to pay Rs 56,000($USD630) to a passenger for loss of one of her bags while she was travelling from LHR to DEL via DXB.
The New Delhi District Consumer Disputes Redressal Forum, while holding the airline liable to pay compensation for the “harassment and inconvenience” caused to the passenger, said that as per law, valuables like jewellery should not be kept in ‘checked-in’ luggage.
“The compensation is awarded on grounds of mental agony, harassment, loss, inconvenience and deficiency in service. It is to be noted that law does not permit keeping the valuables like jewellery or cash in the ‘checked-in’ baggage.
“... we are not inclined to include cash and jewellery in awarding compensation for shock and mental agony due to loss of baggage and consequent harassment,” the bench presided by C K Chaturvedi said.
The forum directed Emirates to pay Rs 40,000, including litigation cost, to Chandigarh-resident Rajinder Kaur, along with $280 (Rs 16,000 approx) which the airline had offered her under the Carriage by Air Act on the basis of the weight of the lost bag.
Kaur, in her complaint, said she had boarded the Emirates flight from London to Delhi via Dubai and when she had arrived at Dubai, she found that one of her three bags was missing.
She had filed a property irregularity report and despite assurances from the airline that her luggage would be delivered at her residence, Emirates could not locate the bag.
It had then offered her $280 as compensation, she had alleged, adding that she had refused the offer. In its defense, Emirates had contended that its liability was limited as per the Act and under that law, it had offered Kaur $280 but she had refused the same.
The forum, however, awarded the compensation saying the Act does not provide for the HARRASSMENT caused to a passenger.
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