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This is an archive article published on October 25, 2024

12 yrs after losing baggage in transit, flier agrees to half the compensation he was awarded

Upon landing in Delhi, he learnt that one of his bags was missing. He had then filed a complaint with the SCDRC Delhi.

bannerFifty days after the SCDRC order, Ethiopian Airlines filed an appeal in the National Consumer Disputes Redressal Commission (NCDRC).

Over a decade after a non-resident Indian (NRI) lost his bag in transit on a direct flight from Nigeria to India, the Delhi High Court on October 21 agreed to his proposition to be awarded only half of the Rs 5.5-lakh compensation that the State Consumer Disputes Redressal Commission (SCDRC) in Delhi had announced in his favour in 2018.

Nitin Dewan had booked a business class ticket in Ethiopian Airlines to travel from Nigeria to India by a non-stop flight on June 2, 2012. Upon landing in Delhi, he learnt that one of his bags was missing. He had then filed a complaint with the SCDRC Delhi. The SCDRC, through an order dated December 3, 2018, concluded that there was negligence on the part of Ethiopian Airlines and directed it to pay Rs 5.5 lakh to Dewan within 45 days.

Fifty days after the SCDRC order, Ethiopian Airlines filed an appeal in the National Consumer Disputes Redressal Commission (NCDRC). The airlines said there was a delay in filing the appeal because “the office of counsel of the airlines was being shifted”.

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The appeal was taken up on May 15, 2019, when NCDRC stayed the SCDRC order while directing the airlines to deposit the decreed amount with it. Subsequently, the appeal was dismissed on the ground of limitation.

The airlines then moved HC earlier this year. On October 21, Dewan informed the court of Justice Manoj Jain that “to put quietus over the matter, he would have no objection if the complainant is merely awarded half of such amount” of the compensation. Dewan also said that despite the alleged deficiency of service by the airlines, “the complainant has not got anything so far”.

The airlines agreed to the proposition, submitting that it “would have no objection if the complainant (Dewan) restricts his claim to half of the decretal amount with accrued interest on said 50% of amount deposited with learned NCDRC and the balance amount with proportionate interest is returned to airlines”.

Following the consensus between both the parties, the court disposed the petition, directing that “50% of the said amount, Rs 2.75 lakh, along with accrued interest, be released to the complainant… and the balance amount, with interest accrued thereupon, be withdrawn by the petitioner airlines”.

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