AHMEDABAD: An Ahmedabad family spent Rs 2.2 lakh buying clothes and other essentials in Singapore after Air India allegedly left their luggage behind at Ahmedabad airport in January 2015.Eleven years later, a consumer commission has ordered the airline to reimburse Rs 1.5 lakh of the expenses and pay an additional Rs 1 lakh in compensation for deficiency in service.The Gujarat State Consumer Disputes Redressal Commission passed the order in an appeal filed by Dayal Wadhwani, a resident of Bhat, who travelled to Singapore with four family members for a seven-day holiday.On reaching Singapore airport, the family waited for their checked-in luggage but was eventually informed that the bags had not been loaded onto their flight from Ahmedabad. They were told the luggage would arrive on the next flight that evening. However, the bags never arrived during the entire trip.With their belongings unavailable, the family had to buy clothes and other essentials, spending 4,439 Singapore dollars, equivalent to around Rs 2.2 lakh at the time.After returning to India, Wadhwani sent a legal notice to Air India. When the airline did not respond, he approached the Consumer Disputes Redressal Commission in Ahmedabad, which awarded him Rs 1 lakh in compensation but rejected his claim for reimbursement of the shopping expenses. The commission reasoned that the family had brought the purchased clothes back to India and continued using them.Wadhwani challenged the decision before the state commission, arguing that the purchases had been necessitated by the airline’s failure to deliver the luggage.Air India opposed the appeal, contending that the family should hand over the purchased articles to the airline if it wanted reimbursement, to prevent unjust enrichment or double benefit.The state commission rejected this argument, observing that missing baggage deprives travellers not only of essential belongings but also of items intended for their holiday.“If the luggage containing such articles does not reach the destination, a traveller is deprived not only of essential belongings but also of articles intended for enjoyment and recreation. Consequently, the non-availability of such articles can materially affect the traveller’s ability to enjoy the holiday as planned,” it observed.The commission said purchases made under such circumstances could not be treated as ordinary holiday shopping, as travellers might not get items in their preferred colour, size, design or style. It added that the unexpected expenditure could also reduce the money available for planned activities such as sightseeing and recreation.While allowing reimbursement, the commission deducted 25% of the shopping bill because the family had continued using the clothes after returning to India. It also deducted 375 Singapore dollars already paid by Air India, bringing the reimbursement amount to Rs 1.5 lakh.The airline was additionally directed to pay Rs 1 lakh in compensation for deficiency in service.
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