Himachal State Consumer Commission: Air India told to pay Rs 52,500 for deficiency in service as Subramanian Swamy missed flight to Shimla in 2019

The Commission, led by president Justice Inder Singh Mehta and member Partap Singh Thakur, in its September 12 order, found this lapse to be “a clear deficiency in service” and directed the airline to compensate complainant Bhagwat, who had booked the ticket on behalf of the MP.

The commission observed that the airlines failed in their service obligations, as Swamy reached the Delhi airport at the scheduled time of 7:50 am, but the flight had departed an hour earlier at 6:50 am without any prior intimation.

In his complaint, Bhagwat alleged that due to the airlines’ negligence, the function organised by HPU was ruined, and he had also suffered a loss of Rs 2 lakh. However, the commission rejected this claim, stating that Bhagwat failed to submit documentary evidence supporting his additional expenses.

The Commission, however, observed, “The complainant is entitled to a refund of the ticket amount as there is a deficiency in service. However, the claim about expenditure on arranging a helicopter and the ruined function cannot be admitted in the absence of documentary proof.”

The commission directed Air India to refund the ticket amount of Rs 2,500 with interest at 9 per cent per annum from the date of filing the complaint until realisation.

It also ordered the payment of a compensation of Rs 25,000 for harassment and mental agony, along with an additional Rs 25,000 towards litigation costs. The airline was instructed to comply with the order within 45 days of receiving a copy of the judgment.

In their defence, the airlines argued, “The departure time had been changed to 6:15 am due to a scheduling alteration on October 9, 2019. All passengers were informed, and attempts were made to contact Swamy over the provided phone numbers, which went unanswered. Due to the absence of an email ID, further communication could not be made.”

The Commission, however, ruled, “The failure to properly communicate the change in schedule amounted to negligence and unfair trade practice, resulting in inconvenience and loss to the complainant and the event organisers.”

Earlier, a lower court had dismissed Bhagwat’s complaint, stating he was not the ticket holder. However, the State Consumer Commission found that the grievance was valid because the service lapse caused damage to the intended beneficiary, Swamy.

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