16 August 2019
An AirAsia X passenger failed in his bid for damages against the long haul budget airline losing his luggage during flight.
The luggage went missing on a flight from Penang to Melbourne, Australia, in 2017.
Magistrate Nur Azzuin Abdul Moati dismissed 59-year-old S. Ragindran’s suit for damages amounting to more than RM11,700 at the magistrate’s court here today.
She also ordered Ragindran to pay RM1,000 in costs to AirAsia X Bhd.
Ragindran had on Jan 28 this year sued AirAsia for damages amounting RM11,700, costs, special damages, and other relief deemed fit by the court after he lost his luggage.
He claimed to have lost a Rado wristwatch worth RM3,000, Rayban sunglasses (RM1,800), winter clothing (RM3,000), other branded clothing (RM2,000) and cost of buying extra clothing in Australia as a result of luggage loss, RM1,900, which came up to a total of RM11,700.
In his statement of claim, he said the airline had failed to honour its promise to send his grey-coloured luggage to the Melbourne Airport from the Penang International Airport (PIA) with a layover at the Kuala Lumpur International Airport 2 (klia2) on June 19, 2017.
He said upon returning to Penang after his trip, he made several queries on his lost luggage to AirAsia but to no avail before lodging a police report.
He alleged AirAsia of being careless for losing his luggage, despite being assured by the airline’s staff at the PIA that his luggage would be forwarded to Melbourne.
Ragindran said the incident was a clear case of negligence by the airline and its staff and claimed there was a lack of strict procedures in handling baggage.
AirAsia, in its statement of defence, said Ragindran had agreed to the terms and conditions set by the airline, where it had specifically stated that it had limited liability concerning the loss of baggage.
AirAsia said it had never denied the loss of luggage and had offered compensation as per the terms set. It also denied claims that it was negligent in the handling of Ragindran’s bag.
Lawyer Datuk Syahril Rezwan Abdullah, who represented Ragindran, said he would fine an appeal.
Speaking to newsmen outside court, Airasia’s lawyer, Ruebankumar Asokan, said Ragindran was offered a US$300 (RM1,255) compensation for his lost luggage, as per the terms and conditions of purchasing his flight ticket.
The tariffs for compensation was already spelt out at US$20 (RM84) per kg, with Ragindran’s bag at 10kg.
“AirAsia had initially offered to pay him US$200, which he refused.
“When we offered US$300, which was higher than the compensation amount, he refused, too,” he said.
Ruebankumar said Ragindran had claimed to have never seen AirAsia’s terms and conditions when the flight tickets were bought,
He said the claim was not likely as those buying AirAsia’s tickets online must click “agree” on the terms of conditions before the tickets could be purchased.