The consumer denounced the delay in the delivery of 5 pieces of luggage. Indecopi granted to the complainant as a corrective measure the payment of 5,000.00 SDRs, granting without prior analysis the compensation limit established in the Montreal Convention. The case was the subject of a contentious-administrative lawsuit, the conclusion of which was favorable to the client, ordering the nullity of the corrective measure.
The adjudicating bodies must comply with the normative analysis appropriate to the case and also apply the procedural principles of due process, legality and procedural consistency.
In addition, in the present proceeding, the industry regulations must be correctly interpreted with respect to the air carrier’s limit on baggage delay established in the Montreal Convention.
