Consumer body rules in favour of passenger citing ‘loss of work’ due to airline negligence
The airline stated that the flight got delayed due to operational reasons beyond its control. File pic
In an unusual case, considering the “loss of work,” a district consumer commission has ordered Air India to compensate a 33-year-old private company employee with Rs 85,000 for a delay exceeding 24 hours on his Bangkok-Mumbai flight in 2018. The complaint stated that the flight was scheduled to depart Bangkok on a Sunday evening, arriving in Mumbai early Monday. However, the passenger ended up departing Thailand only late Monday evening, resulting in a substantial delay. The commission stated that Mohit Nigam, the complainant, having highlighted the deficiency in service, is entitled to compensation for physical and mental distress, as well as for the loss of work. Nigam produced information received through a Right To Information (RTI) query before the commission, showing that the delay was due to the airline’s negligence.
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Nigam said, “I arrived at the airport three hours before the scheduled departure of 8 pm but the flight was delayed. We were informed that the flight would depart at 3 am. Later, it was announced that the flight had been cancelled. This confusion continued until 5 am, after which we were provided accommodation.”
In its defence, the airline stated that the flight got delayed due to operational reasons beyond its control. The flight originated from New Delhi to Bangkok and from Bangkok to Mumbai. The flight was delayed at the origin station, i.e., New Delhi, to reach the destination at Bangkok and also after arrival at Bangkok. The airline attempted to send another plane within the stipulated time, but it had to be cancelled due to flight duty time and flight time limitations as per DGCA guidelines.
The commission stated in its order that a delay of almost 24 hours in the departure of the flight seems to have been caused because the opponent (Air India) at New Delhi Airport did not follow the scheduled mandatory requirements, which should have been done before the departure of the flight. “The RTI document submitted by the complainant establishes the mistake on the part of the opponent (Air India),” the commission said.
In its order, the commission directed Air India to pay compensation of Rs 75,000/- to the complainant towards physical and mental agony, and loss of work, within 60 days from the receipt of this order. The opponent shall pay Rs 10,000/- towards the cost of the present complaint, within 60 days from the receipt of this order.
Regarding the refund on flight tickets, the commission dismissed Nigam’s claims. Noting that Nigam had travelled hassle-free from Mumbai to Bangkok, the commission said, “The complainant’s claim for a refund of the ticket is not justified... It is not the case that the complainant had to bear additional expenses to purchase another air-ticket.”
Rs 85k
Amount of compensation
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