Mumbai Suburban District Commission Holds Indian Airlines Liable For Failure To Conduct Mandatory Pre-Flight Checks Resulting In Delay Of 24 Hrs

The District Consumer Disputes Redressal Commission, Mumbai Suburban (Maharashtra) bench comprising Smt. Samindara R. Surve (President), Shri. Sanjay S. Jagdale (Member) and Shri. Sameer Kamble (Member) held Indian Airlines liable for negligence and deficiency in service for failure to conduct mandatory pre-flight checks which led to a delay of 24 hours. Indian Airlines merged with Air India in the year 2007. Brief Facts: The Complainant booked a return ticket with Indian Airlines from Bangkok to Mumbai. Upon arrival at Suvarnbhumi Airport (Bangkok) three hours before the scheduled departure time, the Complainant obtained his boarding pass, and proceeded to the boarding gate. However, the flight experienced continuous delays, causing frustration among passengers who anxiously awaited departure. Eventually, the flight was announced as cancelled after passengers had boarded and waited until 5:00 a.m., and afterwards, a temporary accommodation was provided to the Complainant and other passengers in a hotel at a remote place. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission, Mumbai Suburban (“District Commission”) and filed a consumer complaint against the airline. In response, the airline rejected the claims of negligence, recklessness, or any form of service deficiency. It argued that the delay was caused by operational factors beyond its control and emphasized that all pertinent information regarding flight cancellations and delays was promptly communicated to passengers, including the Complainant. Additionally, it contended that appropriate accommodation and meal arrangements were made for affected passengers, including the Complainant, in nearby hotels. Observations by the District Commission The District Commission held that the airlines adhered to all Civil Aviation Requirement rules and provided necessary facilities to passengers when the flight was cancelled at the Bangkok Airport. Despite any inconvenience caused, it held that the airline's actions were not driven by malicious intent or recklessness. It held that the airline promptly informed passengers, including the Complainant, about the delay or cancellation of the flight and ensured accommodation, refreshments, and meals. However, the District Commission held that there was a lapse on the part of the airline at the New Delhi Airport, where mandatory pre-flight checks were not conducted as scheduled, leading to a significant delay of almost 24 hours. It held that this negligence necessitated extra precautions by the airline to rectify the oversight and avoid potential safety hazards. Therefore, the District Commission held the airline liable for deficiency in services and negligence. Regarding the Complainant's claim for a refund of ticket fare for both sides of the journey, the District Commission held it unjustified as the Complainant availed of the services and travelled without any issue from Mumbai to Bangkok. Consequently, the District Commission directed the airline to pay compensation of ₹ 75,000/- to the Complainant towards physical and mental agony, and loss of work. The airline was also directed to pay ₹ 10,000/- for the litigation costs incurred by the Complainant. Case Title: Mohit Nigam vs Air India Ltd. and OthersClick Here To Read/Download Order

Mumbai Suburban District Commission Holds Indian Airlines Liable For Failure To Conduct Mandatory Pre-Flight Checks Resulting In Delay Of 24 Hrs

Smita Singh

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