Failure To Refund, Arrange Alternate Flight, Chandigarh District Commission Holds Air India Liable

The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench of Shri Amrinder Singh Sindhu (President) and Shri B.M. Sharma (Member) held Air India liable for its failure to provide an alternate flight or refund the ticket price for a flight which was cancelled due to 'technical reasons'. Brief Facts: The Complainant booked an Air India flight from New Delhi to Chandigarh through Happy Easy Go India Pvt. Ltd. (“Happy Easy Go”). The flight was scheduled for 12.03.2019 which was crucial for him to attend a family commitment. He arrived in New Delhi on 12.03.2019 at 8:00 AM after a flight from Australia. When he attempted to check in for the connecting flight to Chandigarh, he discovered that the flight was cancelled by the operational agencies without prior notice. A delay certificate issued by the agencies stated "technical reason" for the cancellation. The Complainant requested an alternative flight but was offered only a flight the next day. Exhausted from his journey, he booked a more expensive ticket with another airline, Vistara, to reach Chandigarh. Despite repeated attempts to get a refund and compensation through emails after his departure to Australia from Air India, he received no response. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh (“District Commission”) against Air India and Happy Easy Go India Pvt. Limited. Happy Easy Go stated that the Complainant reached out to them on 17.05.2019, i.e., two months after the cancellation. It advised him to raise a dispute on the online platform and to obtain a stamped copy from the airline to claim a full refund as per policy terms. It claimed that it had been making efforts since 02.09.2019 to resolve the issue but had not received the required stamp copy from the Complainant and a refund from the airline. Air India didn't appear before the District Commission for proceedings. Observations by the District Commission: The District Commission noted that the flight operated by Air India was scheduled for March 12, 2019, but was cancelled due to a technical issue. Further, it noted that the airlines did not arrange an alternative flight for the Complainant which forced him to purchase another ticket from Vistara Airlines for Rs. 4,471/-. The District Commission noted that the failure of Air India to provide an alternate flight or refund the ticket price constituted a deficiency in service and an unfair trade practice. Despite the Complainant's repeated requests for a refund, Air India did not take corrective action. Therefore, the District Commission directed Air India to refund the amount of Rs. 2,466/-, which was the price of the original air ticket. Additionally, it was directed to reimburse Rs. 2,005/- which represented the difference between the cost of the alternative ticket and the original ticket. Further, it was also directed to pay a compensation of Rs. 5,500/- as lump sum compensation for the physical harassment and mental agony suffered by the Complainant due to the inconvenience caused. Case Title: Amarinder Singh vs Air India Limited and Ors. Case No.: C.C. No. 13/2020 Advocate for the Complainant: Neetu Singh Advocate for the Opposite Parties: Shri Devinder Singh (for Happy Easy Go); Ms Suman, proxy for Shri Daksh Prem Azad (for Air India Branch Office, Chandigarh)

Failure To Refund, Arrange Alternate Flight, Chandigarh District Commission Holds Air India Liable

Smita Singh

Tags