Jet, Etihad asked to compensate passenger for delay in baggage delivery

A consumer forum directed Jet Airways and Etihad Airways, which it noted were partner airlines, to pay $1,500 or ₹1,04,775 compensation to a passenger for not delivering her luggage at her destination of Zurich in Switzerland.

The Consumer Disputes Redressal Forum Hyderabad-III was dealing with a complaint filed by Jayanthi Ahmed Rajvi, a resident of Banjara Hills.

The complaint stated that she had booked a ticket on an online ticketing portal to travel to Zurich from Hyderabad via Abu Dhabi on June 6, 2016. The return would be from Zurich to Mumbai via Paris. She also stated that she was carrying expensive gifts for her friends.

Ms. Rajvi said she checked-in her baggage at the airport on June 2 and the airline staff told her that it would reach Zurich. But after landing, the baggage was not found. Upon inquiry, it was found to be in Mumbai.

For their part, Jet Airways cited certain orders of the National Consumer Disputes Redressal Commission and maintained that there has been no deficiency of service. It stated that the bags were ‘traced and delivered to the complainant in Hyderabad later’. The airline contended that the forum does not have the jurisdiction to deal with the complaint.

On the other hand, Etihad Airways stated that ₹10 lakh compensation, as sought by the complainant, was ‘highly excessive’. Citing Article 22(2) of the Schedule III of the Carriage by Air Act-1972, as amended to include the Montreal Convention, the airline stated that the liability for loss or delay in baggage delivery was limited to $1,500. It also said that the complainant did not furnish a declaration of contents of the baggage. When she reached Zurich, she was offered $40 to buy essentials and she accepted the amount.

Taking into consideration submissions by all parties, the forum stated that the respondents ‘dodged’ the complainant’s inquiries and noted that she had filed a property irregularity report in support of her claim.

“Both the opposite parties in their evidence adduced have admitted that the bag was delivered by the opposite party no.1 to the complainant on her arrival in Hyderabad,” the forum said.

Noting that there was deficiency in service, the forum, apart from directing both the airlines to pay compensation, also asked them to pay costs of ₹20,000.