The District Consumer Disputes Redressal Forum-II, New Delhi bench comprising Monika A Srivastava (President), Kiran Kaushal (Member) and UK Tyagi (Member) held Air India Limited liable for deficiency in services and negligence for failure to provide compensation to the Complainants after the cancellation of the flight 25 minutes before the departure. The bench directed the airline to…
The District Consumer Disputes Redressal Forum-II, New Delhi bench comprising Monika A Srivastava (President), Kiran Kaushal (Member) and UK Tyagi (Member) held Air India Limited liable for deficiency in services and negligence for failure to provide compensation to the Complainants after the cancellation of the flight 25 minutes before the departure. The bench directed the airline to pay compensation and litigation costs of Rs. 10,000/- to the Complainants.
Brief Facts:
Mr Divij Soni and Ms Annie Rais (“Complainants”) made a booking for Flight AI 9714 operated by Air India Limited from Dharmshala to Delhi, for a total cost of Rs. 12,870/-. At the last moment, Air India informed the Complainants about the cancellation of the flight, without providing any prior intimation to the Complainants through message, email, or call. The Complainants only became aware of the cancellation when they reached the airport, receiving a message at 10:05, just two hours and 25 minutes before the scheduled departure time. The reason cited for the cancellation was allegedly bad weather. The Complainants were not offered any alternative accommodation or compensation, as mandated by the guidelines of the Directorate General of Civil Aviation (DGCA).
In response to the cancellation, the Complainants were compelled to purchase tickets for an alternative SpiceJet flight from the airport counter, incurring an additional cost of Rs. 19,382/ The Complainants registered a complaint through the official email of Air India. It responded, requesting the Complainants to fill out a feedback form for necessary action. However, despite completing the form, there was no satisfactory response from Air India. Feeling aggrieved, the Complainants approached the District Consumer Disputes Redressal Forum-II, New Delhi (“District Commission”) and filed a consumer complaint against Air India. They argue that the travel agent of Air India refunded the price of the ticket but didn’t provide any compensation. The Complainants argued that the Spice Jet flight was also operating from the same airport on the same day.
Observations by the District Commission:
The District Commission noted that the cancellation of the flight by Air India was attributed to bad weather. However, it held that Spice Jet was able to operate in similar weather conditions. Furthermore, it held that Air India did not provide any supporting reports from the Air Traffic Control (ATC) or the Directorate General of Civil Aviation (DGCA) to substantiate its claim of unsuitable flying conditions. This disparity in actions, according to the District Commission, constituted a deficiency in service and negligence on the part of Air India.
Consequently, the District Commission directed Air India to pay compensation amounting to Rs. 10,000/- including litigation charges within three months from the receipt of the order.
