Baggage goes ‘missing’ after power bank removed, 2 men win Rs 70,000 from airline

The order noted that although the complainants knew that the power bank was prohibited in check-in baggage, they nevertheless kept it there, due to which the entire incident occurred, for which the complainants themselves are responsible. “We do not agree with the…defence of the opposite parties. The responsibility for safely delivering the baggage of any passenger rests with the airline,” it said.

The complainants were travelling from Bengaluru to Raipur on an IndiGo flight on January 26, 2019, when the alleged incident took place. At Bengaluru airport, one of their bags was checked in. However, on reaching Raipur, they did not receive the bag.

The airline informed the passengers that the bag contained a power bank and, therefore, had not been loaded onto the aircraft. Although the power bank had been removed after the passengers gave consent, the remaining baggage was not delivered to them. The passengers repeatedly contacted the airline, but the bag could not be traced.

The complainants later approached the district consumer commission, Raipur, alleging deficiency in service and seeking compensation for the lost belongings, mental agony and litigation expenses.

No report filed at airport: Airline

The private airline argued that the complainants were aware of the airline’s terms and conditions and knowingly carried a prohibited power bank in their checked-in baggage.

It said the passengers were notified after the power bank was detected, and the prohibited item was removed with their consent. The airline also claimed that its employees later made efforts to trace the baggage after it failed to arrive at Raipur.

The airline also argued that the passengers had not filed a property irregularity report at Raipur airport. It pointed out that under the baggage rules, its liability was limited to Rs 350 per kg, subject to a maximum of Rs 20,000.

Airline responsible: Order

The commission observed that the airline was responsible for safely delivering the baggage to the destination. The fact that the bag initially contained a prohibited power bank did not absolve the airline of its responsibility after the power bank was removed.

It noted that the baggage had been assigned a tag, establishing that it belonged to the complainant and that the airline had accepted responsibility for it. “…the opposite parties failed to return the complainants’ baggage safely and instead lost it, which clearly amounts to deficiency in service and unfair trade practice,” it held.

“The opposite parties cannot escape their responsibility merely on the ground that, under the baggage policy, the complainants are entitled to compensation only at the rate of Rs 350 per kilogram, subject to a maximum of Rs 20,000, when the rules and conditions relating to the baggage policy are never clearly informed to the passengers,” the forum highlighted.

While allowing the plea, the commission directed the airline to pay Rs 50,000 for the lost baggage, Rs 15,000 for mental agony and Rs 5,000 towards legal expenses within 45 days.

Takeaway

The judgment reinforces airlines’ responsibility to safely deliver tagged passenger baggage, even when prohibited items are found. It clarifies that carriers cannot automatically rely on baggage-policy limits to avoid responsibility for lost luggage. The ruling also provides compensation for lost belongings, mental agony, and litigation expenses.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Chhattisgarh helpline: 1800-233-3663) or dial the National Consumer Helpline at 1915 for assistance.

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