IndiaMy luggage was lost by the airline. What are my rights?
Under Indian law and international treaties, you can claim up to ₹1.5 lakh for lost luggage on domestic flights and up to ₹22,500 (SDR 1,131) for international flights, subject to airline liability limits and timely reporting.
What the Law Says
Your rights for lost luggage in India depend on whether your flight is domestic or international, and are governed by the Carriage by Air Act, 1972 (which incorporates the Montreal Convention), and the Civil Aviation Requirements (CAR) issued by the DGCA.
For domestic flights, the Carriage by Air Act, 1972 applies, and airlines are liable for loss of checked baggage up to ₹1.5 lakh per passenger, as per Civil Aviation Requirements Section 3, Series M, Part VI — 'Passenger Charter' (2022). This cap reflects the maximum compensation payable without proof of higher actual loss.
For international flights, India is a party to the Montreal Convention 1999 (implemented via the Carriage by Air Act, 1972, as amended). Under Article 22(2) of the Convention, the carrier’s liability for checked baggage is limited to 1,131 Special Drawing Rights (SDR) per passenger — approximately ₹22,500 as of 2024 — unless a higher value is declared and extra charge paid.
You must report lost baggage immediately at the airport’s baggage services desk and file a Property Irregularity Report (PIR). For domestic flights, you must notify the airline within 7 days; for international flights, within 7 days for damaged baggage and 21 days for delayed or lost baggage, as required under Article 31 of the Montreal Convention.
Statutory TextThe carrier is liable for damage sustained in case of destruction, loss or damage to checked baggage...
— Carriage by Air Act, 1972 — Schedule, Article 17(2)
Statutory TextThe carrier's liability… shall be limited to 1,131 Special Drawing Rights per passenger…
— Carriage by Air Act, 1972 — Schedule, Article 22(2)
Statutory TextNotice in writing must be given… within seven days in the case of damage to baggage… and within twenty-one days in the case of delay.
— Carriage by Air Act, 1972 — Schedule, Article 31(2)
What Courts Have Said
Indian courts have affirmed passengers’ right to fair compensation and upheld strict compliance with notice timelines under the Montreal Convention.
Held that failure to file a written complaint within 7 days for damaged baggage barred the claim, reinforcing Article 31’s mandatory notice requirement.
Recognised SDR-based liability cap under Montreal Convention for international carriage and directed payment of ₹21,800 (converted from SDR 1,131) for lost baggage.
What to Do
Immediately file a Property Irregularity Report (PIR) at the airport baggage services counter.
Submit a written claim to the airline within 7 days (domestic) or 21 days (international) of arrival.
Include PIR copy, boarding pass, baggage tag, and proof of contents/value (e.g., invoices, photos).
If unresolved in 14 days, escalate to the Directorate General of Civil Aviation (DGCA) via its online portal: https://www.dgca.gov.in/digigov-portal/
As last resort, file a consumer complaint before the District Consumer Disputes Redressal Commission.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.