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2023 Supreme(Online)(Del) 18354

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Ms. Srejal Mishra, ACJ
Mr. Gaganjeet Bhullar – Appellant
Versus
Emirates Airlines – Respondent
Consumer C. No. 172 of 201



Advocates:
For the Appellants/Petitioners: Ms. Srejal Mishra
For the Respondents: Ms. Ritu Singh Mann

Airlines have limited liability for lost baggage under statutory provisions, but compensation claims are valid when proper evidence is provided.

Headnote:This judgment addresses a complaint against Emirates Airlines for damages due to baggage misplacement and its consequences, including compensation claims under relevant provisions of the Carriage by Air Act, 1972. The court found that the airline acted within its limits of liability and delivered the baggage within an acceptable timeframe, hence partly allowing the claim for associated costs. The decisive issues included whether the airline breached its duty of care and the legitimate claims for compensation due to the loss of professional opportunity. The court ruled that while there was negligence, compensation was limited to the statutory provision for lost baggage, with interest awarded from April 2014 until payment.

Table of Content
1. breach of service obligation due to baggage mishandling. (Para 2 , 3 , 4)
2. evidence required to support claims of baggage loss. (Para 6 , 7)
3. limited liability for lost baggage as per statutory guidelines. (Para 8)

1. Heard Ms. Srejal Mishra, Advocate, for the complainant and Ms. Ritu Singh Mann, Advocate, for the opposite parties.

2. Mr. Gaganjeet Bhullar has filed above complaint for directing the opposite parties to (i) pay Rs. 1,50,00,000, as compensation for the loss suffered by the complainant; (ii) reimburse Rs. 1,00,000 for the loss of baggage containing his 6 boxes of golf balls (TITLIEST), golf clubs,T - shirt, caps, 4 pairs of shoes (FOOTJOY), etc.; (iii) pay Rs. 2,00,000 as compensation for mental agony and harassment; (iv) pay litigation costs; and (v) any other relief, which is deemed fit and proper in the fact and circumstances of the case..

3. The complainant stated that he was a professional golf player and won 9 national level matches, represented India in various ˜world level championship' and brought immense glory to the nation at number of ˜international golf tournaments'. He played in "Eisenhower Trophy - 2006 (representing India), Royal Trophy - 2010 (representing Asia) and World Cup - 2013 (representing India). He won "silver medal' in Asian Games in 2006 and "Anjun Award" in 2013. The complainant held 5th position rank in Asia and 159th position rank in the world in hisgame. The complainant, being a renowned sportsman, was also given various promotional contracts by the branded companies, most notably Titleist and Footjoy, wherein he was obligated to endorse, wear and use equipment and apparel of those companies,. Under thecontract with above companies, the complainant was bound to use equipment and clothing of these companies, failing which, the complainant would be exposed to grave liability claims. Emirates Airlines (the opposite party) claims to be a world's largest airline. The complainant was registered as frequent flyer with the opposite party for past 4-5 years. However, during hisrecent travels with the airline of the opposite party, tremendous loss occurred to the complainant due to misplacement / delay / loss of his baggage due to negligence caused by the crew of the airline. The complainant fled on 17.2.2014 from Johannesburg to Mumbai via Dubai, byEmirates Airlines on Flight No. EK 762 and Flight No. EK 504, for playing in ˜Louis Philippe Cup' in Mumbai. The flight landed in Mumbai at 17:00 hours (IST) and the Flight Officials told that the baggage would arrive in the next flight. The complainant waited for 3 hours at the airport for the baggage but it did not arrive on that day. The complainant missed the cut on the next day due to absence of his necessary items / equipment, i.e. golf shoes, golf caps, golf wear,golf clubs, golf balls etc. which caused immense tension, anxiety and mental stress to him as winning prize money in this Mumbai Tournament was Rs. 1.5 crores. The complainant also missed his practice for the next tournament in Casablanca, due to lack of his necessary equipment on subsequent following days, causing loss to his game and confidence as his baggage was delivered on 20.02.2014. The complainant again flew on 10.03.2014 from Delhi to Casablanca via Dubai, by Emirates Airlines in Flight No. EK 513 and Flight No. EK 751, for taking part in tournament ˜Trophy Hassan II', in which winning prize money was 1.5 million Euros. At this time the complainant travelled in ˜business class'. Again his golf kit was not boarded in same flight and delivered on the next day of his arrival. In which, one baggage consisting of his clothing to be worn as Per contract with Titleist and Footjoy, six boxes of golfballs (Titleist), golf clubs, T - shirts, caps, 4 pairs of shoes (Footjoy) etc. worth Rs. 1,00,000 was lost, which again caused immense tension, anxiety and mental stress to him. Due to delay in delivery of the baggage as well as loss of the baggage, the complainant c


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