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SpiceJet told to pay Rs 50,000 for not providing sufficient meals after 14-hour flight delay

The Mumbai suburban commission said that while the delay was due to a technical glitch, the airlines cannot escape from its duty to look after its travellers.

spicejetThe airline said that the delay was caused due to a technical glitch and hence there was no liability on the airline under the clause, and also that passengers were informed about it from time to time.

A District Consumer Disputes Redressal Commission ordered a private airline to pay Rs 55,000 as compensation and legal fees for a 14-hour flight delay.

The Mumbai suburban commission said that while the delay was due to a technical glitch, the airlines cannot escape from its duty to look after its travellers.

“It is true that the delay is due to technical glitch. The airlines have to address this technical glitch for the safety of travellers’ journeys. However, airlines cannot escape from its duty to look after its travellers till the flight gets ready and operational for further journey nor can it excuse them merely mentioning that re-schedulement, cancellations and delays etc. are normal in the travel sector. Hence, adequate arrangements of meals, refreshments, water and providing necessary relaxing area is what is required in the said scenario. Further, the travellers must be kept well informed for the delay,” the order said.

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The complainant, a Mulund resident, had submitted that on July 27, 2024, he was traveling from Dubai to Mumbai on a SpiceJet flight. The flight took off 14 hours after its scheduled departure — on the next day on July 28, 2024.

The complaint said that during this delay, adequate facilities were not provided to the passengers as required as per guidelines of the Directorate General of Civil Aviation. The airline only provided a complimentary burger and fries once.

The guidelines cited by the complainant said that in cases of delay, passengers shall be offered meals and refreshments in relation to the waiting time and hotel accomodation when necessary including transfers.

The complaint said that apart from the burger and fries, passengers were also not given meals in-flight once it took off after the delay. The compensation was sought citing the inconvenience, discomfort and mental agony caused.

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It was also claimed that the staff was approached by the passengers during the delay but no satisfactory response was given. Denying the allegations in the complaint, SpiceJet claimed that they were baseless.

It was also submitted that DGCA clauses say that airline is not liable to pay compensation due to certain extraordinary circumstances including operational and technical reasons.

The airline said that the delay was caused due to a technical glitch and hence there was no liability on the airline under the clause, and also that passengers were informed about it from time to time.

The commission said that as per the civil aviation requirements cited by the airline which specifically mention that meals and refreshments in relation to the waiting time have to be provided.

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“Hence, it was very much necessary to bring on record what necessary meals and refreshment arrangements were made in relation to the waiting time which was 14 hours plus. Passengers travel distant places by international flights. Provisions of CAR are meant to explain what kind of arrangements to be made in various delay situations and how travellers should be taken care of. It was expected that during the delays and emergency situations necessary adequate arrangements must be in place,” the commission said.

It said that the airline had failed to bring on record any facts to support its claim that there was no deficiency in service.

While the complainant had sought Rs 4 lakh as compensation, the commission said that Rs 50,000 compensation and Rs 5,000 towards legal expenses should suffice.

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