DCDRC Holds Indian Airlines Liable For Failure To Conduct Pre-Flight Checks; Orders Compensation for 24-Hour Delay

DCDRC Holds Indian Airlines Liable For Failure To Conduct Pre-Flight Checks; Orders Compensation for 24-Hour Delay

It rejected the complainant’s claim for a refund of the airfare, terming it unjustified

The Suburban Mumbai, Maharashtra, bench of the District Consumer Disputes Redressal Commission has held the Indian Airlines, a division of Air India, liable for negligence and deficiency in service for failure to conduct mandatory pre-flight checks, which led to a 24-hour delay.

The complainant booked a return ticket with Indian Airlines from Bangkok to Mumbai.

Upon arrival at the Suvarnabhumi Airport (Bangkok) three hours before the scheduled departure time, the complainant obtained his boarding pass, and proceeded to the boarding gate. However, the flight experienced continuous delays, causing frustration among passengers. Eventually, the flight was canceled after the passengers boarded it and waited until 5 am. Later, temporary accommodation was provided to the complainant and the passengers in a hotel in a remote area.

Aggrieved by it, the complainant approached the DCRDC and filed a consumer complaint against the airline.

The airline rejected the claims of negligence, recklessness and service deficiency. It argued that the delay was caused by operational factors beyond its control. It emphasized that all pertinent information regarding flight delay and cancelation was promptly communicated to the passengers, including the complainant. Also, appropriate accommodation and meals were arranged for the affected passengers.

The bench comprising Samindara R. Surve (President), Sanjay S. Jagdale (Member) and Sameer Kamble (Member) noted that the airline adhered to the Civil Aviation Requirements rules and provided necessary facilities to passengers when the flight was canceled at the Bangkok Airport. The actions of the airline were not driven by malicious intent, as it promptly informed the passengers, including the complainant, about the delay/cancellation of the flight and ensured accommodation and meals.

However, the District Commission held there was a lapse on the part of the airline at the New Delhi Airport, where mandatory pre-flight checks were not conducted as scheduled, leading to a significant delay of almost 24 hours. It advised the airlines to take extra precautions to rectify the oversight and avoid potential safety hazards. It held the airline liable for negligence and deficiency in services.

The DCRDC rejected the complainant’s claim for a refund of the airfare for both sides of the journey, terming it unjustified, as the complainant availed of the services and traveled without any issue from Mumbai to Bangkok.

The District Commission directed the airline to pay a compensation of Rs.75,000 to the complainant towards physical and mental agony, and loss of work and Rs.10,000 as litigation costs.