Can we sue them for this?

Dravid · 15-01-2007, 01:09 AM

My uncle recently came to India on Air India from New York. He bought a plasma tv for a friend of his, and was bringing it along with him. Anyway what happen was, the TV never showed up at the airport where he went to collect his bags. He went to report it, and they said, it probably got lost. How the hell does something that big get lost!? They said to wait a few days and if we don't find it, you will get a claim. He asked how much the claim was, and they said $100 US for every 20 KGs. So basically, he just got ripped off. Now obviously, something like that does not get lost, because it was huge! It was like 30" I think, and was most likely stolen, considering all his other bags showed up. My question is, can my uncle file a case against the airlines for this?

Adamc · 15-01-2007, 01:12 AM

Probably, but I think the best idea would be to consult a lawyer rather than a cricket forum.

Dravid · 15-01-2007, 01:14 AM

Quote:

Originally Posted by Adamc

Probably, but I think the best idea would be to consult a lawyer rather than a cricket forum.

Of course, we have to wait another 10 days before we could do anything, because originally we have to wait 21 days for them to search for it before we can get any money from them. I was just asking if any of you knew

FaaipDeOiad · 15-01-2007, 01:28 AM

It would depend on the terms of the shipping. In all likelyhood, your uncle signed an agreement regarding the transporting of his belongings that would absolve the airline of responsibility beyond the claim you mentioned. In order to prove any sort of case against them your uncle would have to prove that they either broke their side of the agreement (presumably by taking the TV on purpose or failing to adequately ensure that it didn't get lost), or that he was unaware of the content of the agreement for some reason or another. The latter would probably be impossible, and the former difficult to prove in most cases, though obviously plausible. I doubt there's all that much you can do, but it's hard to say.

As Collins said, talk to a lawyer. There may well be other possibilities.

Robertinho · 15-01-2007, 02:05 AM

Quote:

Originally Posted by Adamc

Probably, but I think the best idea would be to consult a lawyer rather than a cricket forum.

Hahaha. As if. He'll go into the court room with his laptop. Consulting his counsel will simply be a case of reading "Recent Posts".

Goughy · 15-01-2007, 01:58 PM

I would suggest he looks at his insurance for a claim rather than the airline.

It is possible that it could even be covered by the household contents insurance, though obviously if he took specific insurance out for the journey it would be easier.

A friend of mine had a mountain bike stolen in transit and had to claim on his insurance.

A doubt a successful case could be brought against the airline.

yaju · 16-01-2007, 10:35 AM

Dravid,

Your uncle should try filling case from US rather than in India. But chances aren't very high that he will be able to reclaim his luggage or money.
Your uncle shouldn't have travelled in Air India in first place. Its owned by the government and in India one should trust in private stuff more.

Nishant · 16-01-2007, 01:13 PM

Quote:

Originally Posted by Adamc

Probably, but I think the best idea would be to consult a lawyer rather than a cricket forum.

15-01-2007, 01:09 AM	#1 (permalink)
Dravid International Captain Join Date: Apr 2006 Location: New Jersey, United States Posts: 5,096	Can we sue them for this? My uncle recently came to India on Air India from New York. He bought a plasma tv for a friend of his, and was bringing it along with him. Anyway what happen was, the TV never showed up at the airport where he went to collect his bags. He went to report it, and they said, it probably got lost. How the hell does something that big get lost!? They said to wait a few days and if we don't find it, you will get a claim. He asked how much the claim was, and they said $100 US for every 20 KGs. So basically, he just got ripped off. Now obviously, something like that does not get lost, because it was huge! It was like 30" I think, and was most likely stolen, considering all his other bags showed up. My question is, can my uncle file a case against the airlines for this?

15-01-2007, 01:28 AM	#4 (permalink)
FaaipDeOiad Hall of Fame Member Join Date: Oct 2004 Location: Australia Posts: 18,682	It would depend on the terms of the shipping. In all likelyhood, your uncle signed an agreement regarding the transporting of his belongings that would absolve the airline of responsibility beyond the claim you mentioned. In order to prove any sort of case against them your uncle would have to prove that they either broke their side of the agreement (presumably by taking the TV on purpose or failing to adequately ensure that it didn't get lost), or that he was unaware of the content of the agreement for some reason or another. The latter would probably be impossible, and the former difficult to prove in most cases, though obviously plausible. I doubt there's all that much you can do, but it's hard to say. As Collins said, talk to a lawyer. There may well be other possibilities. __________________ I know a place where a royal flush Can never beat a pair

15-01-2007, 01:58 PM	#6 (permalink)
Goughy International Coach Join Date: Mar 2006 Location: All Over Posts: 14,638	I would suggest he looks at his insurance for a claim rather than the airline. It is possible that it could even be covered by the household contents insurance, though obviously if he took specific insurance out for the journey it would be easier. A friend of mine had a mountain bike stolen in transit and had to claim on his insurance. A doubt a successful case could be brought against the airline. __________________ If I only just posted the above post, please wait 5 mins before replying as there is bound to be edits West Robham Rabid Wolves Caedere lemma quod eat lemma Happy Birthday! (easier than using Birthday threads) Email and MSN- Goughy at cricketmail dot net

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15-01-2007, 01:12 AM	#2 (permalink)
Adamc Cricketer Of The Year Join Date: Dec 2003 Location: in the wind, so to speak Posts: 9,128	Probably, but I think the best idea would be to consult a lawyer rather than a cricket forum.

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