“A bottle packed safely inside a suitcase does not shatter into pieces during standard transit unless subjected to violent throwing, dropping, or severe mishandling by the ground handling staff, which constitutes clear gross negligence and forcing a passenger to accept a Rs 500  voucher for damage worth Rs 35,000 caused by the airline’s own negligence amounts to an ‘unfair contract’, ” the July 1 order read. 

Declared bottle, found broken on arrival

The man claimed that he was travelling from Delhi to Chennai on September 3, 2025, by IndiGo flight, and had explicitly declared a premium liquor bottle worth around Rs 35,000 to its staff at check-in so that appropriate handling measures could be taken.

However, the man added that when he collected his check-in baggage at Chennai airport, the bottle was allegedly found broken into pieces, and the airline staff failed to respond properly when questioned about the mishandling.

The man claimed that he reported the said damage to IndiGo through email, mentioning the cost of the bottle and attributing it to the negligence of the ground staff. However, the order also recorded that IndiGo’s customer care team responded by acknowledging that the bottle was properly packed and sealed before check-in. The airline allegedly cited a relevant clause of its baggage policy, which mentioned fragile items such as glass bottles were accepted as checked-in baggage only at the passenger’s own risk.

It was further noted by the commission that the airline allegedly accepted that despite their every effort to handle baggage with care, due to certain operational factors, the damage may have been caused and offered a voucher of Rs 500. Aggrieved by this offer, the man issued a legal notice through his counsel, which also went unheeded, leading to the man filing his application before this commission. The man was represented by advocate P Santhoshi Kumari in the matter. 

‘Airline owes heightened duty’

Despite receiving notice, the commission noted that IndiGo did not file its written version within the given period, and proceeded with the matter ex parte, finding that the man’s claims remained unchallenged.

“The opposite party (airline) cannot absolve itself of liability by hiding behind boilerplate terms like ‘passenger’s own risk’. It is settled law that when an airline knowingly accepts a fragile item that has been verified as ‘properly packed and sealed,’ it owes a heightened duty of care to the passenger,” the commission added.

Accordingly, the commission directed the airline to pay Rs 35,000 for the destroyed bottle with 9 per cent interest, along with Rs 15,000 as compensation for mental agony and Rs 5,000 towards the cost of the complaint.

Takeaway

An airline cannot escape liability for damage to a fragile item it has verified as properly packed and sealed merely by invoking a standard “passenger’s own risk” clause. Once an airline accepts responsibility for handling a declared fragile item, the burden shifts to it to show due care was taken, and a token settlement offer disproportionate to the actual loss can itself amount to an unfair contract.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Telangana: 1800-4250-0333) or call the National Consumer Helpline at 1915 for assistance.

(Written by Avinash Verma; Avinash is an Intern with the Indian Express)

Indigo was reached for a comment, but no response was received at the time of publishing the article.