Aviation Laws – Procedure for reporting lost luggage in India

Author : Ujjwal Kumar

Introduction:

“The true measure of a nation’s progress lies in the protection it affords to the rights of its citizens”

With air travel becoming increasingly essential, safeguarding passengers’ rights is paramount, especially regarding lost luggage i.e. a frequent source of consumer grievances.

This paper analyses the interaction between domestic and international laws, including the Carriage by Air Act, 1972, Montreal Convention, and the Consumer Protection Act, 2019. It addresses current legal provisions, procedural gaps, and suggests reforms to ensure passengers are adequately compensated and protected under India’s evolving aviation law framework.

Literature review:

1. Aviation Laws in India and the Montreal Convention

The legal framework governing the aviation industry in India includes a combination of domestic legislation, international conventions, and regulatory requirements. One of the most critical international treaties concerning aviation law is the Montreal Convention, which regulates air carrier liability in cases of baggage loss, delay, or damage. This treaty, incorporated into Indian law via the Carriage by Air Act, 1972, has significantly shaped passenger rights and airline obligations in India. According to Srinivasan and Kumar (2017), the provisions of the Montreal Convention are pivotal for understanding compensation limits for lost luggage. They argue that while the Convention provides a standardized approach to compensation, the implementation of these provisions in India faces challenges due to inconsistent enforcement by airlines and ambiguity in the interpretation of the law by consumer courts. This has led to instances where passengers find it difficult to claim adequate compensation for lost baggage, with many airlines offering minimal reimbursement despite clear international guidelines.

Srinivasan and Kumar suggest that a more comprehensive integration of international law with domestic consumer protection mechanisms could enhance the efficiency of claims and improve the overall passenger experience.

2. The role of the Consumer Protection Act, 2019.

The role of the Consumer Protection Act, 2019 in safeguarding passenger rights, especially in cases of lost luggage, has been another subject of extensive scholarly debate. According to Patel and Shah (2021), the “Consumer Protection Act” has been an essential tool for passengers seeking redressal for lost or delayed baggage.

The authors note that while CAR (“DGCA’s Civil Aviation Requirements”) mandates airlines to compensate passengers within a certain timeframe for lost luggage, there is a disconnect between the statutory obligations and the practicalities of enforcement. Airlines frequently dispute claims, citing various operational challenges, leading to prolonged legal battles. Patel and Shah suggest that reforming the dispute resolution process, perhaps through the establishment of specialized aviation consumer forums, could expedite compensation claims and reduce the strain on regular courts.

Legal Analysis:

The primary legislation addressing lost luggage claims in India is the Carriage by Air Act, 1972.This Act incorporates the Montreal Convention 1999, an international treaty that regulates air carrier’s liabilities for passenger injuries, delays, and baggage issues, including loss and damage. Under “The Carriage by Air Act 1972”, airlines operating in India are obligated to adhere to the liability caps specified by the Montreal Convention. Specifically, Article 17 of the Convention addresses carrier liability for passenger baggage loss, “stipulating that compensation must be paid up to a certain limit based on the Special Drawing Rights (SDR) framework”. This uniform approach is intended to provide passengers with predictable recourse, though its practical implementation in India has faced criticism due to variable interpretations by consumer courts (Srinivasan & Kumar, 2017).

The DGCA plays a pivotal role in enforcing aviation-related policies and passenger rights in India. Through Civil Aviation Requirements (CAR), Section 3, Series M, Part IV which talks about the facilities to be provided to passengers by “Airlines Due to Denied Boarding, Cancellation of Flights, and Delays”, the DGCA mandates that airlines compensate passengers for lost or delayed baggage.

However, despite these clear guidelines, passengers often face challenges in claiming compensation due to a lack of transparency in enforcement. The DGCA requirements specify that passengers must file a “Property Irregularity Report” (PIR) immediately after noticing luggage loss, and airlines are expected to respond within a reasonable timeframe to locate or compensate for lost luggage.

According to Patel and Shah (2021), the enforcement of DGCA’s CAR policies remains inconsistent, with airlines frequently disputing claims by citing operational challenges. 

In cases where passengers experience unsatisfactory responses from airlines, they may seek recourse under the Consumer Protection Act, 2019. This Act defines “deficiency in service” in Section 2(11), allowing passengers to file complaints against airlines for failing to provide adequate service, such as mishandling or losing luggage. Under Section 17, passengers with claims ranging between ₹20 lakh and ₹1 crore can approach the “State Consumer Disputes Redressal Commission”, while claims exceeding ₹1 cr fall under the jurisdiction of the “National Consumer Disputes Redressal Commission” as per Section 21.

Judicial precedents, such as Satya v. Teja Singh, illustrate how Indian courts have consistently held airlines accountable for service deficiencies under the “Consumer Protection Act”. This Act enables passengers to seek not only compensation for lost items but also damages for mental anguish and inconvenience caused by delayed or inadequate responses. Furthermore, by treating air travel services as consumer transactions, courts have expanded passengers’ rights to challenge airlines on service grounds, establishing a clear linkage between consumer law and aviation regulations.

Passengers who lose their luggage must follow specific procedural steps to report and claim compensation. Upon arrival, they should immediately report the missing baggage to the airline’s baggage service desk at the airport and file a “PIR”. This report includes details such as the flight number, luggage tag, and a description of the luggage. The CAR, Section 3, Series M, Part II mandates that airlines address such complaints promptly. Airlines are also responsible for compensating passengers for essential items purchased while awaiting baggage recovery, provided receipts are submitted.

If the luggage is not found within 21 days, it is considered lost, and the passenger can file a formal compensation claim. The airline’s liability is typically limited to the compensation cap set forth under Article 22 of the Montreal Convention, which is approximately 1,131 Special Drawing Rights (SDR) per passenger. This international limitation is binding on Indian airlines under the Carriage by Air Act, 1972. Nevertheless, passengers often resort to consumer courts under the CPA if they feel the airline’s response is insufficient.

Air travel is a contractual agreement between the passenger and the airline, governed by the Indian Contract Act, 1872. By purchasing a ticket, passengers enter a contract wherein the airline agrees to transport them and their baggage to a specified destination. Under Section 73 of the Contract Act, airlines are bound to compensate for any breach, such as failure to deliver baggage. Therefore, when airlines do not fulfil their contractual obligations regarding baggage handling, passengers have grounds to claim damages for breach of contract, adding a contractual dimension to lost luggage claims.

A comparative study of aviation regulations in the United States and the European Union highlights the stricter enforcement mechanisms these regions employ for baggage-related claims. For example, in the EU, Regulation (EC) No. 261/2004 requires airlines to pay immediate compensation in cases of luggage mishandling, whereas in India, passengers frequently experience delays in compensation. According to Srinivasan and Kumar (2017), adopting more stringent enforcement mechanisms like those in the EU could significantly enhance consumer confidence in the Indian aviation sector.

Conclusion:

The legal framework for reporting lost luggage in India includes a mix of domestic statutes, international conventions, and consumer protection laws. While the Montreal Convention and Carriage by Air Act, 1972 establish foundational guidelines, enforcement remains inconsistent, leading passengers to seek redressal under the Consumer Protection Act, 2019. With airlines frequently disputing claims and offering minimal compensation, there is a pressing need for better enforcement of DGCA regulations and the establishment of specialized consumer forums. 

Addressing these gaps could create a more passenger-friendly environment and provide timely remedies, ensuring that passenger’s rights are adequately protected in cases of lost luggage.

Reference:

1. Carriage by Air Act, 1972, No. 69, Acts of Parliament, 1972 (India).
2. Montreal Convention, 1999, incorporated through the Carriage by Air Act, 1972, No. 69, Acts of Parliament, 1972 (India).
3. DGCA, Civil Aviation Requirements (CAR), Section 3, Series M, Part IV – Facilities to be Provided to Passengers by Airlines Due to Denied Boarding, Cancellation of Flights, and Delays (2008) (India).
4. DGCA, Civil Aviation Requirements (CAR), Section 3, Series M, Part IV – Facilities to be Provided to Passengers by Airlines Due to Denied Boarding, Cancellation of Flights, and Delays (2008) (India).
5. Air India, Baggage Help & Assistance (2024), https://www.airindia.in/baggage-help.htm
6. IndiGo, Lost and Found Policy (2024), https://www.goindigo.in/information/lost-and-found.html
7. Consumer Protection Act, 2019, No. 35, Acts of Parliament, 2019 (India).
8. Indian Contract Act, 1872, No. 9, Acts of Parliament, 1872 (India).
9. Satya v. Teja Singh, (1975) 1 SCC 120.
10. Srinivasan, P., & Kumar, S., Aviation Law: Analysing the Legal Framework in India and the Montreal Convention, 32 J. AIR TRANSP. L. 15, 21 (2017).
11. Patel, A., & Shah, V., Consumer Protection Laws and Airline Liability: A Study of Lost Baggage Claims, 44 J. CONS. PROT. L. 112, 119 (2021).
12. Regulation (EC) No. 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, 2004 O.J. (L 46) 1.