A consumer court in Chennai has delivered a significant verdict, holding two international airlines financially accountable for losing a passenger's checked-in luggage. The District Consumer Disputes Redressal Commission in Chennai (North) has directed Emirates Airlines and United Airlines to collectively pay ₹5 lakh as compensation, plus additional litigation costs, for deficiency in service.
The Journey and the Disappearing Baggage
The case was filed by Dr. Mayilvahanan Natarajan, an orthopaedic surgeon from Chennai. In May 2023, he embarked on an international trip from Chennai to Asheville in the United States. His itinerary involved flying with Emirates Airlines from Chennai to Dubai and then onward to Chicago. From Chicago, he had a connecting flight to Asheville operated by United Airlines.
However, upon arrival in Asheville on May 11, 2023, his baggage did not appear. Dr. Natarajan immediately filed a non-arrival report with United Airlines, which initially assured him the luggage would be delivered within 24 hours. Despite repeated follow-ups by the passenger, the baggage was never recovered and was later declared officially non-traceable by the airlines.
A Long Battle for Justice
After returning to India, the aggrieved passenger began a persistent pursuit of the matter. He sent numerous emails and formal representations to both Emirates and United Airlines. When these efforts yielded no satisfactory resolution, he escalated the issue by sending a legal notice in July 2023.
During the proceedings, United Airlines later credited ₹1.23 lakh to Dr. Natarajan's bank account without any prior notice or explanation. The commission took note of this action but proceeded to examine the core liability of both carriers.
Airlines' Defences Rejected by the Court
During the hearing, both airlines presented arguments to deflect blame. Emirates Airlines maintained that the baggage was lost after it was transferred at Chicago airport, implying the fault lay with the next carrier. United Airlines, on the other hand, argued that there was no privity of contract directly with the complainant, as his ticket was booked with Emirates.
The consumer commission, however, meticulously examined the baggage tracking records and the correspondence between the passenger and the airlines. The bench rejected both defences. It noted that United Airlines had itself acknowledged the mishandling of the baggage in its communications. Furthermore, it cited Emirates Airlines' own conditions of carriage, which allow claims against either the first or the last carrier in an interline journey.
The Final Ruling and Its Implications
In its order dated November 24, the commission held both airlines jointly and severally liable for the loss, highlighting their collective failure in ensuring the safe delivery of passenger baggage. The court directed each airline to pay ₹2.5 lakh as compensation to Dr. Natarajan, totalling ₹5 lakh. Additionally, they were ordered to pay ₹5,000 towards litigation costs.
This ruling reinforces the accountability of airlines in interline travel scenarios and strengthens the framework of passenger rights in India. It sends a clear message to carriers about their responsibilities regarding checked-in luggage, regardless of internal agreements between partnering airlines. For consumers, it underscores the effectiveness of consumer forums in seeking redressal against powerful international service providers.
