Rescheduling Flight To Different Route Without Consent, Bangalore District Commission Holds Air India Liable

The District Consumer Disputes Redressal Commission, Bangalore bench of M Shobha (President), K Anita Shivakumar (Member) and Suma Anil Kumar (Member) held Air India liable for deficiency in services for cancelling the Complainant's flight and rebooking her on a different route to the USA, without her consent. Air India also failed to refund the full booking amount for nearly two years after the payment was made. Brief Facts: The Complainant, a student who received a visa to study at Michigan University in the USA, was required to report to the university by August 16, 2021. She booked a ticket on Air India flight on July 11, 2021, for travel from Bangalore to the USA and paid Rs. 1,02,476/- through SBI Credit Card. The flight was scheduled to depart at 2:30 PM. However, as the Complainant was preparing for her journey, Air India cancelled the flight without her consent and rebooked her on a different route for a journey starting on August 21, 2021, which was inconvenient as it was after her reporting date at the university. This forced the Complainant to book another flight paying an additional Rs. 1,43,128/-. The Complainant sought a refund of Rs. 1,24,076/-, the total amount spent on the initial booking. Despite numerous attempts to contact Air India through emails and phone calls, the airline did not respond or address her grievance. The amount of Rs. 1,02,476/- remained unpaid for over a year. Consequently, the Complainant sought a refund with 12% annual interest and sent a legal notice to Air India. In response, Air India refunded Rs. 91,056/- but denied the balance and the interest. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission, Bangalore (“District Commission”) and filed a consumer complaint against Air India. Air India stated that it refunded Rs. 91,056/- and offered to settle the remaining Rs. 11,420/- for the ticket and Rs. 18,445/- as interest. Air India denied any obligation to pay the additional Rs. 40,652/- and contested the claim for Rs. 52,072/- and 12% interest amounting to Rs. 28,366/-. The airline argued that the cancellation was due to government directives during the pandemic and did not constitute a deficiency in service. Observations by the District Commission: The District Commission noted that despite the Complainant's repeated requests for a refund of the initial ticket amount, Air India did not respond positively. It was only after several emails and requests that Air India refunded Rs. 91,056/- without providing a detailed explanation for the deduction. The District Commission held that Air India attributed the flight cancellation to COVID-19 restrictions but failed to produce supporting documents. Moreover, it held that the airline rebooked the Complainant's ticket without her consent, which was unfair, especially given her urgent need to report to her university. The District Commission noted that the complainant's rebooking for the same date with Air India contradicted the airline's justification for the cancellation due to COVID-19. It held that this indicated a clear deficiency in service on Air India's part. Additionally, the airline's delayed response and partial refund, coupled with the rebooking without consent, caused significant inconvenience and mental distress for the Complainant. Therefore, the District Commission held that Air India was liable for the additional expenses incurred by the Complainant due to the rebooking. The District Commission also criticized Air India for taking nearly two years to refund the amount, despite multiple requests from the Complainant. Consequently, the District Commission directed Air India to repay Rs. 11,420/- to the Complainant, representing the deducted amount from the initial booking. Air India was also directed to pay Rs. 40,652/-, representing the additional amount paid by the Complainant for the rebooked ticket, with 12% annual interest from the date of booking until realization. Further, Air India was directed to pay 12% annual interest on Rs. 1,02,476/- and pay a compensation of Rs. 25,000/- to the Complainant along with Rs. 10,000/- for litigation costs. Case Title: Adithi Shetty vs The Manager, Air India Case Number: CC/293/2023Click Here To Read/Download Order

Rescheduling Flight To Different Route Without Consent, Bangalore District Commission Holds Air India Liable

Smita Singh

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