Uttar Pradesh State Commission Holds Air India For Deficiency In Services And Directs To Pay 20 Lakhs Compensation

The State Consumer Dispute Redressal Commission, Uttar Pradesh, presided by Justice Ashok Kumar (President) held Air India liable for deficiency in services and directed to pay compensation and refund for the tickets. Brief facts: Complainant, a retired High Court Judge, Justice Rajesh Chandra filed a complaint against Air India Limited under Section 47(1)(a)(ii) of the Consumer Protection Act, 2019. The complaint sought compensation totaling Rs. 1,95,00,000.00, including Rs. 1,69,002.00 for mental and physical damages, Rs. 50,000.00 as suit expenses, and a refund for a business class ticket. Justice Chandra, a senior citizen suffering from cervical spondylosis and sciatica, had upgraded to a business class ticket for a long-haul flight from San Francisco to Delhi. On September 22, 2023, he found his allotted business class seat malfunctioning and stationary (No. 08D). Despite vacant seats, Air India allegedly failed to provide an alternative, leading to a distressing journey. The complaint highlighted the lack of attention from Air India staff, subsequent health issues, and the airline's failure to address the matter promptly. Contentions of the Parties: The complainant sought Rs. 1,95,00,000.00 for mental and physical damages, Rs. 50,000.00 as suit expenses, and a refund of Rs. 1,69,002.00 for the business class ticket. Air India, in its defense, denied the allegations, stating that flights undergo thorough pre-flight checks, and any technical issues are addressed promptly. The airline argued that no written information regarding the seat malfunction was recorded in the cabin log and CCIC report. Findings of the Commission: After hearing arguments and examining evidence, the Sate Consumer Disputes Redressal Commission found in favor of Justice Rajesh Chandra. The Commission observed that the complainant had transferred to the business class for comfort but was deprived of the facility due to the malfunctioning seat. It noted the failure of Air India to provide an alternative seat despite vacant ones, causing distress and inconvenience to a senior citizen. The Commission ordered Air India Limited to pay a total compensation of Rs. 1,89,002.00. This includes a refund for the business class ticket, Rs. 20,00,000.00 as compensation for mental and physical harassment during and after the journey, and Rs. 20,000.00 as litigation charges. Air India was given a 45-day compliance period, with a provision for 12% interest in case of non-compliance.

Uttar Pradesh State Commission Holds Air India For Deficiency In Services And Directs To Pay 20 Lakhs Compensation

Praveen Mishra

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