Failure to Provide Mandatory Facilities Is ‘Deficiency in Service: Delhi Consumer Court Orders Air India to Pay Rs.1.5 Lakh

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The New Delhi District Consumer Commission ordered Air India to pay Rs 1.5 lakh compensation for service deficiencies on a long-haul international flight. Passengers cited broken seats, faulty entertainment, unhygienic washrooms, substandard food, and unresponsive cabin crew.

NEW DELHI: The District Consumer Disputes Redressal Commission–VI in New Delhi recently ordered Air India to pay Rs. 1.5 lakh in compensation to a passenger and his daughter due to deficiencies in service on a long-haul international flight.

The father and daughter reported issues such as broken seats, malfunctioning in-flight entertainment systems, unsanitary washrooms, poor food service, and inadequate responses from the cabin crew.

In its ruling, the Commission stated:

“Commission is of the view that the complainant will be entitled for compensation for causing mental agony and harassment for not providing the facilities for which considerable amount was charged.”

The Commission directed Air India to pay Rs. 50,000 each to the complainant and his daughter, along with Rs. 50,000 in litigation costs. However, it rejected their request for a ticket refund, noting that the passengers had completed their journey.

The ruling was issued by a panel consisting of President Poonam Chaudhry and member Shekhar Chandra, in response to a complaint filed by Shailendra Bhatnagar, who had traveled with his daughter on Air India’s Delhi–New York–Delhi flight in September 2023 on economy class tickets booked through MakeMyTrip.

Bhatnagar claimed there were numerous issues during the long flight, including uncomfortable seats, inoperative controls and call buttons, non-functional entertainment screens, unsanitary washrooms, unpleasant odors inside the aircraft, poor-quality food and beverages, and lack of assistance from cabin crew despite numerous complaints.

Air India denied these accusations, stating that the aircraft had passed routine inspections prior to departure and was authorized for operation. The airline also contended that Bhatnagar and his daughter requested a business class upgrade, which was not feasible due to seat unavailability, suggesting that the complaints arose only after their request was declined. Moreover, Air India asserted that the crew provided assistance and offered alternative amenities during the flight.

The Commission emphasized that airlines have a legal duty to deliver essential services to passengers who have paid for travel.

The commission said,

“Under the Consumer Protection Act, 2019, an airline is a ‘service provider,’ and a passenger who has paid for a ticket is a ‘consumer.’ If the airline fails to provide mandatory facilities under DGCA regulations (such as food, water, AC, communication, accommodation, or information about delays/cancellations), that constitutes a ‘deficiency in service.’ The passenger can then seek a refund and/or compensation.”

The Commission noted that the complainant had submitted photographic evidence of the seat conditions and had also sent a legal notice to the airline outlining his grievances. Air India did not respond to this notice nor did it provide a satisfactory explanation for the specific complaints concerning seat conditions, in-flight systems, hygiene, and overall service quality, which the Commission found weakened the airline’s defense.

It noted,

“In the legal notice, all the allegations as made in the present complaint case are there but the OP-1 (Air India) maintained silence. Had there been no fault with the services of OP-1 (Air India), surely the OP-1 (Air India) must have reacted sharply.”

The complainant requested a full refund of Rs 3.18 lakh, including additional charges for changing the travel date, in addition to seeking Rs 10 lakh in compensation. However, the Commission denied the refund request, reasoning that the passengers had utilized the service by completing their trip. It concluded that compensation was the more suitable remedy in this case.

The complaint also named MakeMyTrip as a respondent, but the Commission dismissed all claims against the travel platform. It concluded that MakeMyTrip’s role was limited to facilitating the booking and that it had no influence over flight operations or onboard services. Since there were no issues with the ticket booking or confirmation, the Commission found no deficiency in service on the part of MakeMyTrip.

The complaints were represented by SB & Associates.

CASE TITLE: Shailendra Bhatnagar v. Air India & Anr

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