Rusty Tray Table, Non-Functional Lavatories: Delhi Consumer Commission Holds Air India Liable For Deficiency In Service
The District Consumer Disputes Redressal Commission-VI(New Delhi), comprising Poonam Chaudhry (President) and Shekhar Chandra (Member),has held Air India liable for deficiency in service for failing to provide adequate Business Class services and for providing substandard facilities during an international flight. The Commission partly allowed the complaint and held that the airline had failed...
The District Consumer Disputes Redressal Commission-VI(New Delhi), comprising Poonam Chaudhry (President) and Shekhar Chandra (Member),has held Air India liable for deficiency in service for failing to provide adequate Business Class services and for providing substandard facilities during an international flight. The Commission partly allowed the complaint and held that the airline had failed to meet its duty as a service provider.
Brief Facts
The complainant, Jhanvi Sharma, booked a Business Class ticket with Air India (Op-posite Party) on Flight No. A10174 from San Francisco to Delhi scheduled for 28.02.2024. The ticket cost ₹2,49,151.72 and was booked through Expedia.
During the flight, she allegedly faced severe inconvenience due to multiple service failures. Most lavatories, including those meant for First Class, were non-functional. Towards the end of the flight, only two economy class lavatories were operational for over 200 passengers and were in poor hygienic condition.
Furthermore, the in-flight electronics, entertainment systems, and privacy screens were dysfunctional throughout the journey. The tray table at her seat was old, rusty, and broken, making it difficult to use, and that the life-jacket covers inside the seat dividers were damaged due to poor maintenance and infrastructure.
The complainant raised these issues with Air India via email and later issued a legal notice dated 26.03.2024. The airline admitted deficiency in service and initially offered ₹10,000 as compensation, later increasing it to ₹15,000.
Dissatisfied, the complainant approached the Commission seeking refund of the tick-et amount, ₹5,00,000 as compensation for mental agony, and ₹2,50,000 towards liti-gation costs.
Air India entered appearance but failed to file its written statement within the statutory period, and its defence was struck off.
Observations by the Commission
The Commission held that there was clear deficiency in service on the part of OP, as the airline failed to provide the necessary facilities and service standards expected with the Business Class fare paid by the complainant. It observed that under the Act, an airline is a service provider, and any failure to provide facilities mandated under DGCA rules or those for which a consumer has paid amounts constitutes a deficiency in service.
The Commission noted that, despite charging a substantial sum for a Business Class ticket, the complainant did not receive the expected services and amenities. It added that Air India, in its replies to the complainant's email and the legal notice, expressly admitted its failure to meet its Business Class standards.
The Commission concluded that the Opposite Party's lapses caused significant mental agony and harassment to the complainant, amounting to a deficiency in service.
Accordingly, the Commission partly allowed the complaint and directed the Opposite Party to pay ₹50,000 as compensation for mental agony and harassment and ₹50,000 towards litigation expenses. However, the Commission declined to order re-fund of the ticket fare, noting that the complainant had already availed the journey.
Case Title: Jhanvi Sharma vs Air India CC/153/2024