Passenger Offloaded: Ernakulam Consumer Commission Fines Indigo, Orders Refund And Compensation

The District Consumer Disputes Redressal Commission, Ernakulam, comprising Shri D.B. Binu (President), Shri V. Ramachandran (Member) and Smt Sreevidhia T.N. (Member), held IndiGo Airlines liable for deficiency in service and unfair trade practice for offloading a passenger after boarding without providing proper assistance or alternate arrangements. Brief facts of the case: The complainant, Mr. T.P. Salim Kumar, an Indian Revenue Service (IRS) officer serving as General Manager, Kerala State Civil Supplies Corporation Ltd. (SUPPLYCO), was a frequent traveller between Mumbai and Kochi. On December 14, 2019, he booked a ticket on IndiGo Flight 6E-755 (PNR FCRZHL) from Mumbai to Kochi, paying ₹12,447 and was allotted Seat 15F. After boarding, he alone was directed to deboard the aircraft, with IndiGo citing an “operational/technical issue.” The airline assured him of a full refund, confirmed accommodation on the 21:20 hrs flight the same evening, and rest and food facilities. However, the promised 21:20 hrs flight seat was not provided, and he was instead rebooked on Flight 6E-6185 at 00:25 hrs on December 15, 2019. IndiGo offered him lounge access, but at boarding time, he was asked to pay ₹2,150 for items allegedly not covered by the lounge entitlement. Feeling humiliated and compelled, he paid the amount under protest. The airline later offered him a ₹10,000 travel voucher and subsequently ₹10,000 as ex gratia compensation, both of which he considered inadequate and rejected. Aggrieved by the treatment and citing mental agony, humiliation, and financial loss, the complainant filed a case before the District Consumer Disputes Redressal Commission, Ernakulam under Section 35 of the Consumer Protection Act, 2019, seeking refund of the fare and lounge charges, reimbursement of cinema tickets missed due to delay, and compensation for harassment and mental agony. Contentions of the Parties: The complainant argued that he was unjustly deboarded from the flight despite having a confirmed seat, was given false assurances of a refund, re-accommodation on the 21:20 hrs flight, and rest facilities, none of which were honored. He felt humiliated when asked to pay ₹2,150 at the lounge despite prior assurances of complimentary access. Alleging deficiency in service and unfair trade practice, he submitted that contractual clauses could not override his statutory consumer rights and sought a refund, compensation, and costs. The opposite party, IndiGo Airlines, contended that the complaint was not maintainable owing to misdescription of the legal entity and lack of territorial jurisdiction. IndiGo added that the offloading was due to an operational issue and that the complainant was re-accommodated within six hours per DGCA norms. The airline denied any deficiency in service, justified the ₹2,150 charge as payment for alcoholic beverages not covered by lounge entitlement, and asserted that its offers of a ₹10,000 voucher and ₹10,000 ex gratia compensation demonstrated fairness. IndiGo relied on Supreme Court precedents to seek dismissal of the complaint with costs. Observation and decision: The Consumer Commission rejected IndiGo's objections on maintainability and jurisdiction, holding that “IndiGo Airlines” is the trade name of InterGlobe Aviation Ltd., and that part of the cause of action arose in Kerala. The Commission found that the complainant was offloaded after boarding due to an alleged operational issue and that IndiGo failed to honor its assurances of a same-day alternate flight, rest, and food. IndiGo's conduct—including requiring the complainant to pay ₹2,150 at the lounge after giving prior assurance of complimentary access—was held to amount to deficiency in service and unfair trade practice. The Commission further observed that airlines must ensure fair and humane treatment of passengers and cannot rely on technical clauses to avoid liability. By allowing the complaint, the commission issued following direction; . IndiGo was directed to refund ₹2,150 (lounge charges) and ₹626 (cinema ticket reimbursement), both with 9% interest per annum from 15.12.2019 until realization. . IndiGo must also pay ₹1,00,000 as compensation for mental agony, financial loss, and inconvenience, and ₹20,000 as litigation costs . All amounts are to be paid within 45 days from receipt of the order; otherwise, the compensation amount will carry 9% interest from the date of complaint filing until full realization Case Title: Mr. T.P. Salim Kumar v. IndiGo Airlines Case No.: C.C.No. 409/2021 Click Here To Read/Download The Order

Passenger Offloaded: Ernakulam Consumer Commission Fines Indigo, Orders Refund And Compensation

Praveen Mishra

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