Kamal Ghorui
BENGALURU: Ever got back damaged luggage at the airport and walked away disappointed? A 28-year-old Bengalurean experienced a similar issue, but he decided to fight back. A year and a half on, the consumer forum has concluded that the airline was negligent and ordered compensation and litigation costs.
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Saurabh Raperia, a resident of Old Airport Road and a member of Air India’s frequent flyer programme, travelled from Delhi to Bengaluru on Sept 8, 2024, with a fragile tag placed on his checked-in trolley bag. On arrival at Kempegowda International Airport, when he went to collect his bag, he found a significant dent on it. He approached the airline’s baggage service counter to lodge a complaint, but the executives allegedly refused to accept it or issue a property irregularity report (PIR), instead asking him to raise the issue via email.Later that day, he posted about the incident on X. Air India responded seeking his ticket details, baggage tag number, and a damage complaint number. He shared the available information, noting that no complaint number was issued as the staff had refused to register his grievance. On Sept 9, 2024, he formally emailed the airline seeking compensation. Two days later, Air India offered Rs 500, which was later revised to Rs 1,000 after he termed it inadequate.He maintained that the airline should either replace the damaged trolley with one of similar quality or compensate him Rs 13,425. However, the airline reiterated that passengers who leave the baggage area without reporting damage are deemed to have received their baggage in proper condition.He contended that this stand was untenable as it was the airline staff who refused to register his complaint. Despite several follow-ups seeking a refund, the issue remained unresolved. Growing tired, he issued a legal notice to the airline on Sept 23, 2024, but got no reply.On Dec 10, 2024, Raperia filed a complaint with the consumer commission. Air India denied the allegations, contending that there was no deficiency in service or unfair trade practice, and sought dismissal of the complaint.After going through all the documents and hearing both sides, the commission held that the airline offering compensation amounted to an implied admission that damage had occurred while the baggage was in the airline’s custody, and having admitted as much, Air India could not subsequently deny liability. The commission said: “The opposite party has taken a defence that, as per its carriage policy, if a passenger leaves the baggage delivery area without reporting damage, the baggage is deemed to have been received in good condition. This defence cannot be accepted in the present case, as the complainant has clearly established that he attempted to report the damage at the airport itself but was prevented from doing so by the airline’s own staff. A service provider cannot rely on an international policy when its own officials have obstructed compliance with it.”Citing settled law, the commission noted that once damage to checked-in baggage is established, the burden shifts to the airline to prove absence of negligence. No such evidence was produced by Air India. The commission, on Feb 17, 2026, directed Air India to pay Rs 7,000 in damages and Rs 10,000 as litigation costs.
