Passenger Paid For Business Class, Got Defective Seat: NCDRC Upholds Compensation Against Air India

The National Consumer Disputes Redressal Commission (NCDRC), comprising Justice Saroj Yadav (Presiding Member) and Shashi Nandkeolyar (Member), held Air India liable for deficiency in service for failing to provide a functional Business Class seat despite charging a substantial upgrade fee. Upholding the State Commission's order, the Commission directed refund of the Business Class fare component with interest and compensation for the physical and mental agony suffered by the complainant during the long-haul international flight. Brief Facts The complainant, Justice Rajesh Chandra, a retired judicial officer, had booked return tickets from Delhi to San Francisco with Air India. Due to medical conditions including cervical spondylosis and sciatica, he upgraded both tickets to Business Class by paying an additional ₹1,23,900 per seat. During the return journey, he was allotted a defective Business Class seat that could not recline. Despite repeated requests, Air India allegedly failed to provide an alternative seat or rectify the defect. Claiming that the defective seat caused severe discomfort during the long-haul flight and worsened his medical condition, the complainant approached the Uttar Pradesh State Consumer Commission alleging deficiency in service. The State Commission partly allowed the complaint and directed Air India to refund ₹1,69,002 towards the Business Class fare, pay ₹20 lakh as compensation, and ₹20,000 as litigation costs. Both parties challenged the order before the NCDRC, which upheld the findings of deficiency in service and dismissed the cross appeals. Air India's Contentions: Air India denied that the seat was defective and submitted that the aircraft had undergone technical inspection before operation. It argued that no complaint regarding the alleged malfunctioning seat was recorded in the cabin log. The airline further contended that the complainant's medical issues were pre-existing and could not be attributed to the seat. It also challenged the maintainability of the complaint and the quantum of compensation awarded by the State Commission. Observations and Decision The NCDRC observed that the complainant had specifically upgraded to Business Class by paying substantial additional charges due to his medical condition and was entitled to receive the basic amenities associated with such travel, including a properly functioning reclining seat. The Commission noted that the complainant's allegation regarding the defective seat was supported by documentary evidence, whereas Air India failed to produce convincing evidence to disprove the claim. It held that Air India's failure to provide a functional Business Class seat amounted to deficiency in service. On the issue of compensation, the Commission held that compensation under consumer law must be fair and proportionate to the injury suffered. Finding no error in the State Commission's approach, it upheld the directions to refund ₹1,69,002 towards the Business Class fare with interest, pay ₹20 lakh as compensation for physical and mental agony, and ₹20,000 towards litigation costs. Accordingly, both the complainant's and Air India's appeals were dismissed, and the State Commission's order was affirmed. Case Title: Justice Rajesh Chandra v. Air India Limited Case No.: First Appeal No. 152/2024 & 177/2024Counsel for the Complainant : Adv. Ritesh KhareCounsels for the Opposite Party : Adv Rajesh Ranjan & Adv.Deeksha Arora Click Here To Read/Download Order

Passenger Paid For Business Class, Got Defective Seat: NCDRC Upholds Compensation Against Air India

Praveen Mishra

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Praveen Mishra

Passenger Paid For Business Class, Got Defective Seat: NCDRC Upholds Compensation Against Air India

Praveen Mishra

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INR 1099+GST

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Praveen Mishra

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