• Bag lost during travel from Singapore via Dhaka to Kolkata

Dear Lawers,

2nd July 2016 I was traveling with my wife and 1 year old baby and one of our hand bag lost during that journey. That lost bag and two other items were actually hand bags we were taking with us as they were light and important to us. Biman Bangladesh airlines stuff during boarding they took our hand bags, first we thought they are helping to board but later we understand that those bags are sent with luggage bags. They told us that we need to inform in Dhaka office to send those bags to Kolkata. We did that accordingly when landed in our transit airport Dhaka. After arriving at Kolkata we found one of the very important bag is missing. We got PIR report stuff in Kolkata.

Now we had travel insurance policy and wanted to claim to insurance company. insurance company asked a report from Biman airline that no compensation is paid and the bag is totally lost. As these information are not available in PIR report. Now Biman airline office has replied with a sentence that says their case is closed because we have not accepted their offer. Yes, they offered us 140 usd but we are not happy with that because we know the bag had move value than that. We just want report about our bag loss and claim status. Biman Airlines stop replying to my emails.

What to do now this Biman bag loss case. This case is since July 2016 and now 2017. What I can legally do to get proper claim.
Asked 7 years ago in Civil Law

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5 Answers

1) you can file complaint before consumer forum against airlines and insurance company if they fail to pay you compensation

2) seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. Have you submitted the said report of Bangladesh Biman to your Insurance Company?

2. Factually, the said one line report answers the quiries raised by your insurance Company.

3. The report states that you have refused their offer to be compensated at their terms i.e. you have not yet received the claim and that you will not get the claim from them since they have closed the case.

4. The statement that they have already closed the case signifies that there will be no more step to be taken to trace your bag and that it has been finally lost.

5. Actually Bangladesh Biman will not issue certificate to satisfy your insurance agency. It is your insurance agency which should accept the said one line statement of Bangladesh Biman to satisfy their query and make the payment of the insured amount.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. This is a clear case of unfair trade practice and deficiency of service.

2. So you can file case for damages and com0ehsation in c0nsumer forum.

3. Since Biman airlines has office in many major cities in India including Kolkata you can file such case from here.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

Place the reply sent by the airline to the insurance company, if the insurance company does not accept the letter. then you have take up the matter with insurance claims tribunal.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Accepting the offer made by the Airlines with regard to the compensation is absolutely the choice of the passenger who lost his valuables, especially if the offer made is improper and inaccurate, the passenger has right to reject the offer and claim insurance amount since he has already insured.

You can send a legal notice to the insurance company seeking the compensation as per the policy conditions.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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