The South West District Consumer Disputes Redressal Forum held that the airlines' failure to recover the baggage was a deficiency in its service.
"Failure to trace out the missing bag of the complainant admittedly reported on July 27, 2007 constitute deficiency in service on the part of opposite party (Kingfisher Airline)," said the bench presided by Narendra Kumar.
The forum, however, refused to grant the claim of over Rs 48,000 sought by the flier, Delhi resident Chander Prakash, saying "it is unexpected of any prudent man to keep valuable jewellery in the baggage while boarding a flight when it is permissible to carry such valuable articles in a hand bag."
"We, therefore, do not find it believable that the missing bag of complainant contained any valuable jewellery, especially when there is no declaration filed on record."
In his complaint, Mr Prakash had said that when he arrived at Indira Gandhi International Airport from Srinagar on July 27, 2007, he found his bag missing.
He said he had informed the airline's officials and had also filed a property irregularity report, but his bag could not be traced out.
Kingfisher had contended in its defence that it had sent details of Mr Prakash's missing luggage to all-India tracer, but his bag was not found anywhere and even if it was assumed to be lost the airline's is only liable to pay Rs 300 per kg.
The forum accepted the airline's contention that its liability in case of missing baggage extends to only Rs 300 per kg and said that since the maximum luggage permitted on board per flier for free is 30 kgs, Kingfisher will have to pay Prakash Rs 9,000 towards his lost bag and Rs 5,000 as cost of litigation.