An air traveler suffered a loss of more than Rs 30 lakh due to this small mistake on the flight from Sweden to Delhi; lessons to learn

When you are shelling out thousands of rupees for a international flight With a reputable airline, the least you would expect is for your luggage to be safe. However, a traveler flying between Sweden and India claimed that a flight booked through Etihad Airlines He lost his hand luggage, which contained more than Rs 30 lakh in cash and other valuables.

To offer help, a flight attendant in Berlin who spoke no English took her carry-on luggage, claiming that her bag was too big for the carry-on. He was assured that he would take the luggage back to Delhi, India. However, this did not happen.

The “valuables” he kept in his hand luggage included: Rs 24 lakh cash in Swedish krona (equivalent to Indian rupees 30 lakh), a gold chain and a locket weighing 30 grams, Sony headphones, a Rado wristwatch and some expensive clothes from Marks and Spencer.

When the traveler realized that her luggage had gone missing at the Delhi International Airport, she was told to report the problem to etihad Airways, which he did quickly. Even though Etihad delivered the luggage several days later, all of their valuables, including cash and gold, were missing. This led her to file a consumer case against Etihad. airways at the Delhi Consumer Disputes Redressal Commission. The case was filed on July 29, 2016 and the verdict was rendered on September 17, 2024.

The Delhi Consumer Disputes Redressal Commission, after hearing the facts of the case and evidence, ordered Etihad to pay Rs 75,000 (in total) as compensation and legal expenses. The consumer commission demanded Etihad Airways to pay Rs 75,000 due to a major legal issue, but no compensation was provided for the missing items allegedly worth more than Rs 30 lakh.

Be sure to remember the following information. Read on to understand the situation and obtain information, so that if you encounter a similar incident while traveling, you know your rights.

Brief facts of the case.

According to the Delhi State Commission order, the complainant is a bona fide Swedish citizen residing in Delhi on a Person of Indian Origin (PIO) visa. “The plaintiff purchased an Etihad Airways ticket to travel from Sweden to Delhi, with stops in Berlin and Abu Dhabi,” the plaintiff’s lawyers told the commission.This is what happened:

• in berlin Airport transit lounge, he was informed that his ticket had been upgraded to business class because the flight was full.
• When boarding the flight at Berlin International Airport, a flight attendant who did not speak English suggested moving his carry-on luggage to a different location due to a supposed lack of space in the cabin’s overhead locker.
• “…Due to a communication barrier, the flight attendant left with said carry-on luggage. The appellant alleges that throughout the flight the complainant asked for her bag, but was denied it, and was asked to receive it at the airport. . destination, i.e. Delhi,” the plaintiff’s lawyers argued before the commission.

Upon landing in Delhi, the complainant could not locate the flight attendant and was asked to proceed to immigration and baggage claim. The plaintiff went to the baggage claim carousel, but did not find her “carry-on luggage.”

Etihad Airways says it is not responsible for the loss of valuables in ‘checked’ luggage

In a written statement before the Delhi State commission, lawyers representing Etihad Airways said: “…the luggage in question was checked luggage and not carry-on luggage, in which case no airline is responsible for the loss of items of value according to the general rules of the IATA. Conditions of Carriage (Passage and Baggage)”. Which means that the carry-on luggage that was taken from the traveler was sent to be checked in. However, airlines are not responsible for loss if the items inside the bag are not declared.

This is what Etihad Airways said before the Delhi State Commission:

• No adequate disclosures were made in the Passenger Irregularity Report (PIR): “…the fact that the disputed valuables were in fact in the bag, as the complainant had not disclosed the same in the PIR. The fact that the complainant did not make any declaration of possession of the huge quantity of money in Swedish crowns or valuable gold objects, so OP (Etihad airways) is not responsible for them.
• The incident occurred with Air Berlin, not Etihad Airways: Although this was an Etihad Airways ticket from Sweden to India, the journey between Sweden and Berlin was operated by Air Berlin. “…the plaintiff’s claims are based on fabricated facts, as evident from the fact that the plaintiff approached Etihad Airways at Delhi’s IGI Airport, and not Air Berlin, whose crew the alleged flight attendant was a part of. ..,” Etihad Airways’ lawyers told the commission.

“Under the Air Transport Act 1972 and the IATA General Conditions of Carriage, passengers are generally responsible for their carry-on or cabin baggage and airlines have limited liability for carry-on baggage unless they specifically take possession In the case cited above, although the plaintiff initially claimed that it was carry-on luggage, Etihad argued that it was checked luggage. If the airline takes charge of the luggage (for example, when it is placed in the hold), it assumes responsibility. of their safety are required to declare valuables, as failure to do so may exempt the airline from liability for their loss,” says Pushkraj S. Deshpande, associate partner at ALMT Legal.

What did the Delhi Consumer Commission’s probe find?

While the individual claimed that he kept around Rs 24 lakh SEK in his ‘cabin bag’, which was later transferred to a ‘check-in’ bag in Berlin, he did not declare it to customs.

“However, the plaintiff has not made any statement to this effect either at the Gothenburg airport or at the Delhi airport. At this point, it is pertinent to note that as per the law of the country, the plaintiff was required by law to take an appropriate decision declaration on high value items, if any, before the customs authorities at both the airports i.e. Gothenburg Airport and Indira Gandhi International Airport, Delhi No compelling material has been recorded to show that the complainant. was carrying high value currency, jewellery, etc. during the journey,” the Delhi Consumer Commission said in its order.

Delhi Consumer Commission orders Etihad to pay compensation of Rs 75,000

According to the order of the Delhi Consumer Commission dated September 17, 2024, “…in view of the facts of the case, it is clear that the bag of the complainant, which was rather a check-in baggage, was lost and handed over to the Complainant at Delhi at the address given on 07.06.2016 We consider this to be a deficiency in service on the part of the Opposite Party (M/S ETIHAD AIRWAYS) as it caused great inconvenience to the Complainant due to delay in the delivery. shipping. get him clothes, etc.”

This is what the commission ordered:
“We accept this complaint in part and order the opposing party:
A) Pay a sum of Rs 50,000 to the plaintiff as compensation for the physical and mental agony suffered by the plaintiff.
B) Pay litigation costs amounting to Rs.25,000/-“

“The opposite party is directed to comply with the instructions contained in the above paragraph 15 of this judgment within two months from the date of this judgment, i.e. on or before 17.11.2024, failing which shall pay the entire sum along with 9% simple interest from the date of this judgment till actual realization of the amount,” the Delhi State Consumer Disputes Redressal Commission said.

Lessons to learn from this case

Alpana Srivastava, partner at Desai & Diwanji, after reading the case document, gives the following advice to air travelers:

• Accurate and consistent information: Please ensure that all information provided to the airline, including the baggage description and any relevant details, is accurate and consistent. Discrepancies between your statements and the airline’s records can weaken your case.
• Declare valuables: If you have high-value items in your luggage, declare them to the customs authorities at both the airport of departure and arrival. Failure to do so may limit your liability for losses or damages.
• Document everything: Keep detailed records of all interactions with the airline, including correspondence, phone calls, and any relevant documents. This will be helpful if you need to file a complaint or take legal action.
• File a complaint promptly: If your luggage is lost or damaged, file a complaint with the airline as soon as possible. The sooner you report the problem, the easier it will be to resolve.
• Consider insurance: Purchase travel insurance that covers lost or damaged luggage. This can provide additional protection and financial compensation in the event of such incidents.

Zahir Tapia, Associate, ALMT Legal gives the following advice for travelers:

• Ensure accurate and complete lost baggage claim report reporting: When filing a Property Irregularity Report (PIR) or any report for lost or damaged baggage, list all contents of your baggage, including valuables, along with their approximate value. Airlines or insurance companies may use incomplete or inaccurate reports to dispute your claim, as seen in this case.
• Provide comprehensive testing: Legal procedures require solid evidence to support claims. It is essential to submit your own affidavit, supported by appropriate documentation such as receipts, photographs, or records of the items. Additionally, consumers should be proactive in gathering supporting evidence, for example by requesting baggage scans to verify the contents and condition of their luggage or recording/documenting interactions with airline personnel.
• Keep track of receipts and documentation: Keep records of all purchases, especially high-value items you travel with. These receipts serve as proof in case you need to make a claim. It is also helpful to photograph your luggage and its contents before you travel, providing additional proof of the items you were carrying.
• Understand legal jurisdictions and claims processes: Please note that claims for lost or damaged luggage may be governed by specific legal frameworks, such as the Montreal Convention for International Travel. These agreements limit the liability of airlines but also establish procedures for filing claims. Understanding these frameworks can help you approach legal claims more strategically. Consulting with an attorney would be the best option for consumers to evaluate the merit and strength of their claim.