NEW DELHI: The Mumbai consumer commission has directed Flynas, a Saudi-based budget airline, to pay over Rs 1.25 lakh in compensation to a passenger for losing her baggage.The commission termed the airline’s conduct as “mala fide negligence” and said it had “purposely avoided all the logical actions to find the lost bag,” as stated in a recent ruling by the District Consumer Disputes Redressal Commission, Mumbai (Suburban).The passenger was traveling with her family to Turkey from Mumbai between December 23, 2023, and January 3, 2024. For their return journey, they flew from Istanbul with a connecting flight in Riyadh. At the Istanbul airport, she checked in five bags.According to her account, the airline personnel incorrectly tagged only four bags, whilst the fifth proceeded along the conveyor without proper tagging.Upon notifying the counter staff of this oversight, she received a physical tag accompanied by assurances regarding the delivery of all bags. However, upon arrival in Mumbai, only four bags were retrieved.The passenger attempted numerous communications through various channels, including in-person meetings, electronic correspondence, WhatsApp messages and formal complaints to trace the missing luggage, but received inadequate responses from the airline.Subsequently, she sought intervention from the commission regarding the substandard service and unfair practices demonstrated by the airline.The airline’s representatives failed to attend the hearing, resulting in ex-parte proceedings.Upon reviewing the case details, the commission concluded that “there was a mala fide negligence by the Flynas Airlines supporting staff as well as officials who were in communication with the complainant”.“The opposite party didn’t give any conclusive reply to the complaint raised by the complainant and its actions were not satisfactory in the said incident,” it added. The commission highlighted that the airline could have verified the incident through CCTV footage and presented additional factual evidence. “However, we do not find any genuine efforts taken by the opposite party to confirm the incidence to trace the lost bag,” it said. The airline “purposely avoided all the logical actions to find the lost bag,” the commission added.The Montreal Convention (1999), an international treaty, establishes specific regulations for compensation regarding baggage loss during international flights, governing airline accountability for passengers and their belongings.The aggrieved passenger complied with the prescribed complaint filing procedures, as confirmed by the commission.“However, we have not seen any record which indicates that the airlines has observed the conditions laid down in the Montreal Convention,” it continued.The commission noted that whilst the airline had the opportunity to present its defence for the complaint, they chose not to do so. “The opposite party remained absent in the whole proceedings of the case even though they have full knowledge of filing of the present complaint by the complainant,” the commission said.“Hence, we have no doubt in our mind about the negligent act of the opposite party/Flynas Airlines. The allegations of the complainant about loss of luggage by Flynas Airlines are genuine,”it added.The commission instructed Flynas Airlines to compensate the complainant with Rs 1.25 lakh for the lost baggage, including six per cent interest from January 15, 2025, until realisation. Additionally, the airline must pay Rs 10,000 as compensation for emotional distress.
