No Deficiency In Service On COVID-19 Repatriation Flight: Chandigarh Consumer Commission Dismisses Complaint Against Qatar Airways

The District Consumer Disputes Redressal Commission, Chandigarh, comprising Amrinder Singh Sidhu (President) and Brij Mohan Sharma (Member), has dismissed a consumer complaint filed against Qatar Airways, holding that no deficiency in service or unfair trade practice was made out in respect of a special repatriation flight operated during the COVID-19 pandemic. The Commission observed that inconvenience caused due to extraordinary circumstances such as a global pandemic could not be equated with deficiency in service under the Consumer Protection Act in the absence of clear negligence. It further noted that inconveniences arising from force majeure events like a pandemic do not constitute deficiency unless proven otherwise. Background of the CaseThe complainant, Surendra Adlakha, a Non-Resident Indian and permanent resident of Sydney, Australia, had travelled to Chandigarh in February 2020 and was scheduled to return to Australia on 18 March 2020. However, he could not do so due to the outbreak of COVID-19 and the nationwide lockdown imposed in India. During the lockdown, the Government of India permitted limited international travel through special arrangements. In this backdrop, the Australian High Commission, in collaboration with Qatar Airways, organised special chartered repatriation flights to evacuate Australian citizens stranded in India. The complainant opted to travel on one such flight from New Delhi to Sydney on 29 April 2020. He paid ₹1,64,639 as airfare for the one-way journey, alleging that the amount was substantially higher than pre-pandemic fares. He also paid ₹5,000 for a bus journey from Chandigarh to Delhi arranged under pandemic protocols. The complainant alleged that despite charging higher fares citing COVID-19 safety measures, the airline failed to maintain social distancing, operated the aircraft at full capacity, and did not ensure adequate sanitisation. He also alleged inconvenience due to delayed delivery of his luggage, which was received three days after his arrival in Australia during mandatory quarantine. Aggrieved, he issued a legal notice seeking refund of airfare and bus charges. When the grievance was not resolved, he approached the District Consumer Commission alleging deficiency in service and unfair trade practice. Contentions of the Opposite Party (Qatar Airways) Qatar Airways denied the allegations and submitted that the flight in question was a government-facilitated chartered repatriation flight operated in coordination with the Australian High Commission, and not a regular commercial service. It contended that fares were fixed considering extraordinary operational costs during the pandemic.The airline submitted that all safety and health protocols applicable to chartered operations were duly followed and that maintaining social distancing onboard an aircraft was neither feasible nor mandated for such flights. With respect to delayed baggage, it was stated that the delay was due to pandemic-related operational constraints and was not deliberate. Observations and Decision of the Commission The Commission held that the repatriation flight could not be equated with regular commercial flights and that comparison of the fare charged with pre-pandemic airfare was misconceived. It noted that the complainant failed to place on record any statutory or regulatory mandate requiring social distancing or empty middle seats on chartered repatriation flights. On the issue of delayed baggage, the Commission observed that the complainant failed to establish any actual loss suffered due to the delay. The grievance relating to the bus journey from Chandigarh to Delhi was also rejected, as the arrangement was not made by Qatar Airways and the concerned parties were not impleaded. Holding that no deficiency in service or unfair trade practice was established, the Commission dismissed the complaint. Case Title: Surendra Adlakha vs. Qatar Airways IBECase No.: DC/AB1/44/CC/280/2021 Click Here To Read/Download Order

No Deficiency In Service On COVID-19 Repatriation Flight: Chandigarh Consumer Commission Dismisses Complaint Against Qatar Airways

Praveen Mishra

Tags