Air traveller wins ₹2.74 lakh compensation from Consumer Court after airline offered just USD 30 for missing valuables, highlighting passenger rights and airline liability.
Thank you for reading this post, don't forget to subscribe!
HARYANA: In a crucial win for consumer rights, a Delhi-based international traveller has been awarded approximately Rs 2.74 lakh in compensation after his check-in baggage was found damaged and valuables stolen on a China Eastern Airlines flight from Canada via Shanghai in September 2019.
Upon arrival at Delhi’s Indira Gandhi International Airport, Kumar discovered that his luggage had been badly damaged and taped up, with expensive items such as a Rado wristwatch, Armani apparel, a 25-gram gold chain, Chanel perfume, and other personal belongings missing, amounting to approx loss of Rs 2 lakh.
ALSO READ: Delhi Consumer Court Upholds Rs 3.5 Lakh Penalty on Dr Lal Pathlabs for Wrong Report
Despite this, the airline offered only USD 30, i.e., about Rs 2,560, citing provisions under the IATA’s Montreal Convention (Convention for the Unification of Certain Rules for International Carriage by Air) and DGCA (Directorate General of Civil Aviation) rules, which limit compensation based on baggage weight.
Kumar, being dissatisfied, filed a complaint before the District Consumer Disputes Redressal Commission, which in November 2020 awarded him Rs 1.75 lakh compensation, 8% annual interest from the date of the complaint, and Rs 15,000 towards harassment and litigation costs.
The airline appealed the order, arguing that Kumar had admitted a smaller loss in the Property Irregularity Report (PIR), failed to produce bills for the items, and that compensation was properly calculated under international norms.
However, on May 20, 2025, the Haryana State Consumer Commission upheld the lower forum’s decision, ruling that the Property Irregularity Report and photographic evidence sufficiently established loss, and that the absence of original invoices could not defeat a rightful claim. It confirmed that,
“Since the weight of the luggage was found to be less, it is presumed that some articles were stolen… It is the prime responsibility of the airline to compensate the complainant.”
The Commission also emphasized that international conventions do not override Indian consumer protection laws, particularly when negligence is evident.
ALSO READ: Delhi Govt Assures HC: Consumer Forum Officials to Stay Till Fresh Appointments
Legal experts believe the ruling sets a strong precedent for air travellers. Advocate Prachi Dubey emphasized that consumer protection laws are fully applicable to foreign airlines operating in India, and compensation for mental harassment can be awarded even without purchase bills.
Alay Razvi noted that the Commission’s acceptance of photographs and the PIR as valid evidence strengthens passenger rights.
Advocate Tushar Kumar stated that international conventions like the Montreal Convention do not override Indian consumer laws when negligence is evident.
Harsh Pandya added that airlines must develop effective grievance redressal systems, as technical arguments cannot shield them from liability in cases of proven service deficiency.
With both consumer forums ruling in his favour, Kumar is set to receive around Rs 2.74 lakh, comprising Rs 1.75 lakh in compensation, 8% interest over nearly six years, and Rs 15,000 for harassment and legal costs. Additionally, the Haryana State Consumer Commission ordered the immediate release of Rs 95,000 already deposited by the airline during the appeal.
Click Here to Read More Reports on Consumer Forum
Click Here to Read Our Reports on Haryana State Consumer Commission
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
