“Since the opposite party (airline) didn’t arrange any alternate flight to reach Mangalore from Mumbai, the complainant was bound to purchase a fresh ticket from Mumbai to Mangalore from any other airline after paying any cost to attend son’s medical counselling. Hence, it is a clear-cut case of deficiency in service by the opposite party and the opposite party is liable to reimburse the cost of the flight ticket which was purchased by the complainant from other airlines,” the September 8 order read.
Missed flight, no alternative arrangements
The man claimed that he purchased three confirmed tickets for travel from Patna to Mangalore via Mumbai on January 16, 2021, paying a fare of Rs 18,697. He added that the Patna-Mumbai flight was repeatedly delayed, causing him and his family to miss the connecting flight to Mangalore. He alleged that no food or refreshments were provided despite prolonged waiting, and the airline failed to provide any alternative arrangements for their onward journey.
He also said that he had to incur expenses on a hotel stay, transport and fresh tickets with another airline, but received only Rs 4,389 as a refund from the airline, which he said was inadequate.
Aggrieved, he moved the commission seeking Rs 3.34 lakh in compensation, including the refund, additional expenses and damages for mental agony. The man was represented before the commission by advocate Pramod Rajpati.
Airline’s defence
The airline submitted that the delay was due to bad weather in Delhi, which was beyond its control, and that its terms of carriage exempted it from liability for delays or cancellations caused by extraordinary circumstances. It added that it had refunded the Mumbai-Mangalore connecting flight and argued that airlines are not liable for compensation when delays are caused by weather conditions. It also submitted that the complainant’s claim was exaggerated and unsupported by evidence.
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‘Genuine expenses’
The commission noted that the man and his family had reached Patna Airport on time and were issued boarding passes, but the flight was delayed repeatedly. It also found that the complainant had placed on record hotel bills, transport expenses, alternative flight tickets and proof of loss of an advance hotel booking at Mangalore. “These expenses are genuine and directly attributable to the airline’s failure to provide alternate arrangements,” it held.
The commission directed the airline to reimburse Rs 20,205 towards the hotel stay, transport, alternative flight tickets and loss of the Mangalore hotel booking. After deducting the Rs 4,389 already refunded, the amount payable to the complainant came to Rs 15,816.
It also directed the airline to pay Rs 50,000 as compensation for mental agony and physical harassment and Rs 20,000 as litigation costs, taking the total fixed amount to Rs 85,816.
Takeaway
This ruling highlights that an airline relying on bad weather to explain a delay must substantiate the claim and, where passengers miss a connecting flight because of repeated delays, the failure to make alternative arrangements can amount to deficiency in service.
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For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Delhi: 1800–11–4000) or call the National Consumer Helpline at 1915 for assistance.
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