Couple sues airline for delayed luggage, wins Rs 25k

 

A Bengaluru couple, who travelled to Udaipur in Rajasthan, had a harrowing time after IndiGo airlines failed to deliver their checked-in luggage even after reaching the destination. They had to purchase new clothes & toiletries during their stay. Upset over the service deficiency, the duo took the matter to the Consumer Court & won a compensation of Rs 20,000 apart from Rs 5,000 towards court expenses.

CV Raman Nagar residents Thomas Vellapally, 51, & wife Sunitha Vellapally, 50, boarded the flight from Bengaluru to Udaipur on Oct 31, 2021. Upon landing in Udaipur, they realised their luggage hadn't arrived & they lodged a complaint with the airline representatives. Their luggage didn't land the following day too, forcing the Vellapallys to spend over Rs 1.2 lakh for clothes & other items.

As they were leaving their hotel on Nov 2, 2021, to return to Bengaluru, the staff handed them the luggage.

The airline offered to give the couple a travel voucher worth Rs 1,000 which they refused. They sued Interglobe Aviation limited, operators of IndiGo airline, in a Bengaluru Consumer Court.

While the passengers' lawyer presented their case, IndiGo's lawyer said the Bengaluru court doesn't have the jurisdiction to hear the case as the incident took place in Udaipur. The airline claimed the delay in delivering the luggage was due to a conveyor belt problem at Bengaluru's Kempegowda International Airport (KIA), which had affected up to 7,000 baggage deliveries on the day. As per Rule 22 (2) of Carriage by Air Act-1972, a maximum of Rs 25,000 is payable in case of loss, damage or delay in luggage & in this case, force majeure applies & therefore, the case should be dismissed, the lawyer argued.

 

On Dec 9, 2022, Judges of the city consumer court noted that the forum has the jurisdiction to hear the case as the victims are residents of Bengaluru & they took the flight from the city. The judges noted that IndiGo representatives claimed there was a baggage delay problem, but failed to provide any report or evidence to substantiate it.

The Judges ordered the airline to pay Rs 10,000 each as compensation to the couple. This apart, it must give Rs 5,000 towards their litigation expenses, within 30 days from the order.

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(With input from news agency language)

 

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