A consumer commission in Mumbai has directed Flynas Airlines, a Saudi Arabian low-cost carrier, to pay ₹1.25 lakh in compensation to a passenger for a lost bag, along with ₹10,000 for mental distress caused by the incident. The District Consumer Disputes Redressal Commission, Mumbai (Suburban), issued the order, highlighting "mala fide negligence" on the part of the airline, stating that Flynas "purposely avoided all the logical actions to find the lost bag."
The case originated from a trip the complainant took with her family from Mumbai to Turkiye between December 23, 2023, and January 3, 2024. They had booked a return flight from Istanbul to Mumbai with a connecting flight from Riyadh. At Istanbul Airport, the passenger checked in five bags. However, airline staff mistakenly tagged only four of the bags, and the fifth bag proceeded on the conveyor belt without a tag. The passenger immediately notified the staff at the ticket and baggage counter about the error. Although the staff provided a physical tag for the fifth bag and assured her that all bags would arrive at their final destination, only four bags were delivered to her at Mumbai Airport.
Despite multiple attempts to contact the airline through various channels, including personal meetings, emails, WhatsApp chats, and written complaints, the complainant received no satisfactory response or assistance in locating her lost bag. Feeling helpless and frustrated, she filed a complaint with the consumer commission, citing deficient service and unfair trade practices by the airline.
Flynas Airlines did not respond to the commission's notice and remained absent throughout the legal proceedings, leading the commission to proceed ex parte. The commission observed that the airline had an opportunity to present its defense but failed to do so, further highlighting the airline's negligence and lack of concern for the passenger's plight.
The commission strongly criticized Flynas for not taking genuine efforts to trace the lost bag, stating that the airline could have checked CCTV footage to confirm the incident and provide a more factual report. The panel concluded that the airline's actions were unsatisfactory and demonstrated a clear lack of responsibility.
In its order, the commission firmly stated, "Hence, we have no doubt in our mind about the negligent act of the opposite party/Flynas Airlines. The allegations of the complainant about loss of luggage by Flynas Airlines are genuine." The commission emphasized that the complainant was entitled to claim compensation for the cost of the lost goods, along with additional compensation for the inconvenience and mental distress caused by the airline's negligence.
Referring to the Montreal Convention (1999), the commission highlighted the established rules for baggage loss compensation in international air travel. The Montreal Convention is an international treaty that governs airline liability for passengers and their baggage on international flights, standardizing rules for compensation in cases of baggage loss, delay, or damage.
Ultimately, the commission directed Flynas Airlines to pay ₹1.25 lakh to the complainant for the lost baggage, along with interest at a rate of 6% per annum from January 15, 2025, until the amount is realized. The airline was also instructed to pay an additional ₹10,000 as compensation for the mental agony caused to the passenger.
