15-hour ‘nightmare’ to New York: Why a Delhi consumer forum just ordered Air India to pay this passenger Rs 1.5 lakh

Findings

• The complainant performed his first journey from Delhi to New York on September 6, 2023 and returned on September 13, 2023.
• It was a long 15 hour journey.
• The complainant sent a legal notice on November 1, 2023.
• There is no answer to the legal notice.
• In the legal notice all the allegations as made in the present complaint case are there but Air India maintained silence.
• Had there been no fault with the services of Air India, surely the airlines must have reacted sharply.
• During the course of arguments we were very specific to Air Indian as to why it has given a very vague reply of the complaint in which serious allegations relating to poor facilities and services of the airlines are made.
• No satisfactory answer is given.
• Under the Consumer Protection Act, 2019, an airline is a “service provider” and a passenger who has paid for a ticket is a “consumer”.
• The passenger can then claim for refund and/or compensation.
• The complainant is entitled for compensation for causing mental agony and harassment for not providing the facilities for which a considerable amount was charged by Air India.
• This commission, therefore, directs Air India to pay Rs 50000 each to the complainant and his daughter as compensation and Rs 50000 as litigation expenses to the complainant.
• We are not inclined to pay the ticket amount as they have already availed it.

In the legal notice, all the allegations as made in the present complaint case are there, but Air India maintained silence, the consumer forum said. (Image generated using AI)

Background

• According to the complaint, Bhatnagar travelled with his daughter on Air India’s Delhi–New York–Delhi route in September 2023, flying economy class on flights AI-101 and AI-102.
• The tickets were booked through MakeMyTrip, and the total cost of travel, including charges paid for a change in travel date, was about Rs 3.18 lakh.
• The complainant alleged that the 15-hour journey was marred by several lapses, including broken and uncomfortable seats, non-functional seat controls and call buttons.
• They also alleged that the entertainment screens were inoperative, foul odour inside the aircraft, stinking and unhygienic washrooms.
• Bhatnagar also alleged that they were served poor quality food and beverages, and there was a lack of response from the cabin crew despite repeated complaints.

Arguments

• Bhatnagar submitted that these facilities formed an integral part of the service for which a “considerable amount” had been charged.
• He placed on record photographs showing the condition of the seats and also relied on a legal notice sent to the airline in November 2023, detailing the grievances.
• He alleged that Air India neither responded to the notice nor offered any explanation.
• Seeking relief, the complainant asked for a full refund of Rs 3.18 lakh along with Rs 10 lakh as compensation for harassment and mental agony.
• Air India denied the allegations, maintaining that the aircraft had undergone routine inspections before departure and was cleared for operation.
• The airline claimed that the complainant and his daughter had requested an upgrade to business class, which could not be granted due to non-availability of seats, and suggested that the complaints surfaced only after the request was turned down.
• The airline further submitted that the cabin crew had assisted the passengers and offered alternative amenities during the flight.
• MakeMyTrip, which was also arrayed as an opposite party, argued that its role was limited to facilitating ticket booking and that it had no control over flight operations or onboard services.