Airline claims for
loss, delay & negligence.
Cross-border legal counsel for NRIs, businesses & families.
Air travel has become more frustrating over the past decade — more cancellations, more tarmac delays, and more passenger complaints than ever before. When something goes wrong, the passenger's rights come not only from consumer-protection law, but also from international conventions that set limits and remedies for airline liability.
The airline counter agent's worst nightmare is announcing "your flight has been cancelled" or "unfortunately, your luggage will not arrive until tomorrow" to a plane full of lawyers. In practice, of course, the passengers are ordinary travellers — and the majority of them do not know what rights they have, or how to enforce them.
Airline liability is governed by a mixture of Indian consumer law, the Warsaw Convention and its successor instruments, the Montreal Convention, and the general law of contract and tort. Where an airline has been negligent, the passenger is not necessarily limited to the standard per-kilogram compensation formula that the carrier's Conditions of Carriage may suggest.
Beyond the per-kilogram formula
Indian consumer commissions have repeatedly held that where loss of baggage occurs due to the omission or negligence of the airline, the general provisions that provide a fixed amount per kilogram of baggage lost will not automatically apply. In a notable decision, the Maharashtra State Consumer Commission ordered Air Arabia to pay compensation of approximately ₹3.79 lakh to a passenger who lost one of four bags on a Sharjah–Mumbai flight.
Consumer Forums in India have also repeatedly awarded compensation to passengers for consequential harm — including mental agony, harassment, the cost of expensive medicines lost in transit, and interest on the amounts awarded — in addition to the value of the baggage itself.
The practical consequence is that the correct remedy in a given case depends on the facts. A passenger whose baggage is lost through the airline's negligence may be entitled to substantially more than the carrier's standard per-kilogram offer — but the claim has to be framed and evidenced correctly.
Claims we handle
We assist passengers, NRIs, and foreign travellers in claims against airlines in India, including:
- Claims against international airlines.
- Claims against domestic airlines.
- Claims against non-scheduled operators.
- Loss of passport, articles, and baggage in transit.
- Delay, cancellation, and denied boarding.
- Negligence by the airline, its staff, or its ground handlers.
- Carriage of passengers and cargo, including insurance aspects and the Warsaw Convention.
- Claims involving air cargo service providers.
- Unfair trade practices by the airline in the handling of a passenger complaint.
Where the claim is made
Airline claims in India are ordinarily brought before the appropriate Consumer Disputes Redressal Commission — District, State, or National, depending on the value of the claim. In certain matters, a civil suit may be more appropriate. In cases of serious negligence or where the carrier's conduct crosses into unfair trade practice, other forums may also come into play.
Which forum is correct depends on the value of the claim, the nature of the passenger's grievance, whether the airline is an Indian or foreign carrier, and the applicable convention. Choosing the wrong forum can cost months — and may jeopardise the claim altogether.
What a passenger should do — promptly
Airline claims are time-sensitive. Most carriage contracts, and the conventions that underpin them, impose strict deadlines for notifying the carrier of loss or damage. Passengers who delay — often under the impression that a complaint will be resolved by the airline's customer-service team — can lose the right to claim.
We recommend the following steps as soon as a problem arises:
- Report at the airport. Lodge a written complaint with the airline's ground staff before leaving the airport, and obtain a copy of the Property Irregularity Report (PIR) or equivalent.
- Preserve the boarding pass and ticket. These establish the contract of carriage.
- Preserve all correspondence. Emails, chat logs, and written responses from the airline are evidence of how the carrier handled the matter.
- Document the loss. Photographs, receipts, purchase records, and insurance valuations of the lost items establish quantum.
- Do not accept a final settlement under pressure. An airline's first offer is rarely the last word — particularly where negligence is involved.
- Seek advice promptly. The earlier we are instructed, the more options remain open.
What we do
We handle airline claims for passengers and for travelling professionals who have suffered loss, delay, or injury. Our work typically includes:
- Assessing the claim and identifying the correct forum and the correct remedy.
- Preparing and serving the legal notice on the airline.
- Filing and pursuing the consumer complaint before the appropriate Consumer Disputes Redressal Commission.
- Filing and pursuing civil suits where the consumer route is not appropriate.
- Quantifying the claim — including baggage value, consequential losses, and compensation for mental agony and harassment.
- Dealing with the airline's counsel through the pleadings and hearing stages.
- Coordinating with foreign counsel where the passenger is overseas, and where a parallel claim may be available in the jurisdiction of the carrier's principal place of business.
Note: The information on this page is provided for general understanding only. The correct claim, the correct forum, and the amount recoverable depend on the specific facts — the applicable convention, the airline's Conditions of Carriage, and the nature of the loss. We strongly recommend case-specific advice before taking any step.
Questions on airline claims.
Not necessarily. Where the loss occurred due to the airline's omission or negligence, Indian consumer commissions have held that the standard per-kilogram formula does not automatically apply. In a notable decision, the Maharashtra State Consumer Commission ordered Air Arabia to pay approximately ₹3.79 lakh for a single lost bag — far more than the standard formula would have produced. The correct remedy depends on the facts.
Yes, in appropriate cases. A passenger may be able to claim for delay, cancellation, and denied boarding, and — where the facts support it — for consequential losses such as missed connections, lost business, or expenses incurred as a result. The remedy and the forum depend on the nature of the disruption and the applicable convention.
Most airline claims are filed before the Consumer Disputes Redressal Commission — District, State, or National, depending on the value of the claim. In certain matters, a civil suit is more appropriate. The correct forum depends on the value of the claim, the identity of the carrier, and the nature of the grievance.
Yes, and it is strict. Most carriage contracts and the conventions that underpin them impose deadlines for notifying the carrier of loss or damage — often within a few days of the incident. Consumer complaints are subject to their own limitation period. Passengers who delay in the hope that the airline's customer-service team will resolve the matter can lose the right to claim entirely.
Yes. Most of our airline claim work is done for passengers who are not in India at the time. We handle the entire process — notice, filing, hearings, and recovery — remotely, and coordinate with foreign counsel where a parallel claim is available in another jurisdiction.
Airline claim to pursue in India?
Tell us what happened, when the flight was, and what was lost or delayed. We will reply within one business day with a clear view of the correct forum and the prospects of the claim.