Chennai: The District Consumer Dispute Redressal Forum, Chennai (South) directed the Air France to pay a compensation of Rs 1 lakh to family members of a woman passenger for missing her bag while she flew from the USA to Chennai nine years ago. The Forum's compensation, however, comes after her death.
In the petition, S. Deenadayalan of Manali had submitted that his wife D. Amsaveni (now deceased) travelled on Air France flight from Detroit Metro, USA to Paris on December 7, 2008 and reached Chennai on December 9, 2008 at 12.30 am. While travelling she took two bags and one with tag No. NW 379192 was found missing.
He stated that the value of missing articles amounts to $1540 equivalent to Rs 77, 000. Even after repeated requests, the airline failed to take steps. In the petition, Deenadayalan sought a refund of Rs 77,000 towards the value of the missing articles and a compensation of Rs 3 lakh from M/s. Air France, Pantheon Road, Egmore, and M/s. Air France, Anna International Airport, Chennai for causing mental agony and deficiency in service.
In its reply, M/s. Air France submitted that complainants made an exaggerated claim and inflated the value of the articles allegedly carried in the luggage. Amsaveni was carrying prohibited items in the baggage and she had not made any declaration of the articles at the time of checking in the baggage. Hence, the airline cannot be held liable for the loss of such prohibited items as per the General Carriage Act. She failed to provide any bills/ invoice or any other supporting documents to substantiate the value of the articles and thus the baggage.
However, on discovering that the baggage was untraceable, M/s. Air France, Pantheon Road, Egmore, as a measure of goodwill, estimated the weight of the baggage to be 6 kg on the basis of the contents as declared by the complainant herself and accordingly offered her a compensation of '7,525 on the basis of 17 Special drawing rights per kg. This was higher than the industry standard of US $20 per kg. She refused to accept the compensation. The airline had not committed any deficiency in service and sought dismissal of the petition. The bench, comprising president M. Mony and members K. Amala and Dr T. Paul Rajasekaran, said admittedly the baggage was duly checked in and if any prohibited items found in baggage or if any undeclared items found in baggage the airline can very well reject the baggage. The bench said considering the facts and circumstances, M/s. Air France, Pantheon Road, Egmore, and M/s. Air France, Anna International Airport, Chennai are jointly liable to pay a sum of Rs 77,000 and a compensation of Rs 30,000 for causing mental agony.
