Unhygienic, Stinking Washrooms And Poor In-Flight Facilities: Delhi Consumer Commission Holds Air India Liable For Deficiency In Service

The District Consumer Disputes Redressal Commission–VI, New Delhi, comprising Ms. Poonam Chaudhry (President) and Mr. Shekhar Chandra (Member), has held Air India liable for deficiency in service for providing substandard facilities during a long-haul international flight, thereby causing mental agony and harassment to the passengers.

Brief Facts:

The complainant and his daughter booked round-trip economy class air tickets from Delhi to New York and back through MakeMyTrip for travel on 6 September 2023 and 13 September 2023. The total cost of the tickets was ₹2,73,108, and an additional ₹45,000 was paid to prepone the return journey of the complainant's daughter, making the total expenditure ₹3,18,108.

The complainant alleged that during the approximately 15-hour long-haul international flight, the condition of the aircraft was extremely poor. It was alleged that the seats were broken, seat recline buttons and flight attendant call buttons were non-functional, and the in-flight entertainment screens did not work. He further alleged that the aircraft and washrooms were unhygienic, emitted foul smell, and lacked basic amenities. The quality of food and beverages was also alleged to be substandard. It was further contended that the cabin crew was rude, indifferent and unresponsive to repeated complaints.

Aggrieved by the alleged poor services, the complainant issued legal notices to the opposite parties but received no response. Consequently, he approached the District Consumer Commission seeking refund of the entire ticket amount, compensation of ₹10 lakh for mental agony and harassment, and litigation costs.

Contentions of the Air India:

Air India denied the allegations of deficiency in service. It contended that the aircraft was airworthy and operated in compliance with all applicable safety and service regulations. The airline submitted that no contemporaneous complaint was lodged during the flight and that minor technical issues, if any, could not amount to deficiency in service. It was further argued that since the complainant had completed the journey, refund of the ticket amount was not justified.

Contentions of the MakeMy Trip:

MakeMyTrip India Pvt. Ltd. submitted that it acted only as an online booking intermediary. It contended that it had no role in the operation, maintenance or service delivery of the flight and that any grievance relating to in-flight services could not be attributed to it. Accordingly, it sought dismissal of the complaint for want of liability.

Observation and decision of the Commission:

The Commission observed that the complainant had placed on record photographs depicting the poor condition of the seats and other facilities, along with copies of the legal notice issued to the opposite parties. The Commission noted that despite serious allegations being raised, Air India failed to provide a satisfactory explanation or specific rebuttal, which weighed against it.

The Commission held that under the Consumer Protection Act, 2019, an airline is a “service provider” and a passenger who has paid consideration for travel is a “consumer”. Failure to provide facilities charged for in the ticket price amounts to deficiency in service and causes mental agony and harassment to passengers.

However, the Commission found no deficiency on the part of MakeMyTrip, holding that it merely acted as a booking facilitator and had no role in the alleged lapses relating to in-flight services.

Accordingly, the Commission partly allowed the complaint and directed Air India to pay ₹50,000 each to the complainant and his daughter as compensation for mental agony and harassment, along with ₹50,000 towards litigation costs. The Commission declined to order refund of the ticket amount since the journey had already been undertaken.

Case Title: Shailendra Bhatnagar Vs. Air India and Anr

Case Number: CC/446/2023

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